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Lease Guarantee Agreement Template for England and Wales

A Lease Guarantee Agreement is a legally binding document under English and Welsh law where a third party (guarantor) agrees to guarantee the performance of a tenant's obligations under a lease. This includes payment of rent and compliance with other lease covenants. The agreement provides the landlord with additional security by ensuring that if the tenant defaults, the guarantor will step in to fulfill the obligations. The document is subject to strict formality requirements under English law and must be executed as a deed.

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What is a Lease Guarantee Agreement?

A Lease Guarantee Agreement becomes necessary when a landlord requires additional security for a lease, typically when a tenant's financial standing alone is insufficient. The agreement, governed by English and Welsh law, details the scope of the guarantee, the triggering events, and the extent of the guarantor's liability. It's particularly common in commercial leases where the tenant is a new or small business, or where the lease value is substantial. The document must comply with specific statutory requirements and recent case law developments in England and Wales.

What sections should be included in a Lease Guarantee Agreement?

1. Parties: Identification of guarantor, landlord, and tenant (if applicable)

2. Background: Details of the underlying lease and circumstances requiring guarantee

3. Definitions: Key terms used throughout the agreement including 'Lease', 'Guaranteed Obligations', 'Property'

4. Guarantee and Indemnity: Core obligations of the guarantor, including primary guarantee and indemnity provisions

5. Duration: Term of the guarantee and when obligations commence and cease

6. Preservation of Guarantee: Circumstances under which guarantee remains valid despite changes to underlying lease

7. Guarantor Restrictions: Limitations on guarantor's rights of subrogation and contribution

What sections are optional to include in a Lease Guarantee Agreement?

1. New Lease Provisions: Obligation to take new lease if original lease terminated - used when landlord requires additional security in case of tenant insolvency

2. Corporate Guarantor Provisions: Specific warranties and maintenance of net asset requirements - used when guarantor is a corporate entity

3. Step-in Rights: Rights of guarantor to take over lease - used when guarantor wants ability to assume tenant's position

What schedules should be included in a Lease Guarantee Agreement?

1. Copy of Lease: Complete copy of the underlying lease being guaranteed

2. Guarantor Board Resolution: Corporate authorization for guarantee (if corporate guarantor)

3. Property Details: Detailed description of property subject to lease

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Guarantor Agreement

Sector

Banking

Cost

Free to use

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