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Lease Guarantor Form Template for England and Wales

A Lease Guarantor Form is a legally binding document under English and Welsh law where a third party (the guarantor) agrees to guarantee the performance of a tenant's obligations under a lease agreement. This includes ensuring rent payments are made and other lease conditions are met. If the tenant defaults, the guarantor becomes liable for fulfilling these obligations. The document must comply with the Statute of Frauds 1677 and various property and contract laws applicable in England and Wales.

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What is a Lease Guarantor Form?

The Lease Guarantor Form is essential in situations where additional security is required for a lease agreement, particularly when a tenant's financial standing or credit history necessitates extra assurance. Commonly used in both residential and commercial contexts in England and Wales, this document outlines the guarantor's obligations, the extent of their liability, and the conditions under which the guarantee can be enforced. The form must comply with strict legal requirements and typically includes personal details of all parties, reference to the main lease, and specific terms of the guarantee. It provides landlords with security while enabling tenants who might otherwise be rejected to secure a lease.

What sections should be included in a Lease Guarantor Form?

1. Parties: Details of landlord, tenant, and guarantor

2. Background: Context of the guarantee and reference to main lease

3. Definitions: Key terms used in the guarantee agreement

4. Guarantee and Indemnity: Core obligations of the guarantor

5. Duration: Term of the guarantee

6. Guarantor's Obligations: Specific responsibilities and commitments

7. Execution: Signature blocks and witnessing requirements

What sections are optional to include in a Lease Guarantor Form?

1. Step-in Rights: Guarantor's right to take over lease, used in commercial contexts

2. Financial Limitations: Caps on guarantor liability, used when negotiated

3. Additional Security: Requirements for deposits or other security, used in high-risk situations

4. Notice Requirements: Special communication procedures, used in complex arrangements

What schedules should be included in a Lease Guarantor Form?

1. Copy of Lease: The underlying lease being guaranteed

2. Financial Information: Guarantor's financial statements or proof of means

3. Identity Documentation: Proof of guarantor's identity and address

4. Consent Forms: Any required third-party consents

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Guarantor Agreement

Sector

Banking

Cost

Free to use

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