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Personal Guarantee Lease Agreement Template for England and Wales

A Personal Guarantee Lease Agreement under English and Welsh law is a legally binding document where an individual (guarantor) promises to take responsibility for a tenant's lease obligations if they default. The agreement provides additional security for landlords by ensuring that lease obligations will be met even if the primary tenant fails to fulfill them. It includes specific terms about the guarantee's scope, duration, and enforcement mechanisms, all governed by English and Welsh property and contract law.

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What is a Personal Guarantee Lease Agreement?

A Personal Guarantee Lease Agreement is commonly used in commercial and residential leasing situations where additional security is required beyond the tenant's covenant. This document is particularly relevant when dealing with new businesses, companies with limited trading history, or situations where the landlord requires extra assurance. Under English and Welsh law, the agreement must be in writing and clearly define the guarantor's obligations, including payment of rent, compliance with lease terms, and liability for damages. It serves as a crucial risk management tool for property owners while facilitating lease arrangements that might otherwise be rejected.

What sections should be included in a Personal Guarantee Lease Agreement?

1. Parties: Identifies guarantor, landlord, and tenant with full legal names and addresses

2. Background: Explains context of guarantee and references main lease agreement

3. Definitions: Defines key terms used throughout the agreement

4. Guarantee and Indemnity: Core obligations of guarantor and scope of guarantee

5. Duration of Guarantee: Period of effectiveness and termination conditions

6. Guarantor's Obligations: Detailed list of specific obligations and responsibilities

7. Enforcement: Landlord's rights to enforce guarantee

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

1. Assignment and Transfer: Include if guarantee might be transferred or if lease might be assigned

2. Multiple Guarantors: Include if more than one guarantor is involved

3. Limitation of Liability: Include if specific caps on liability are agreed

4. Step-in Rights: Include if guarantor has right to take over lease

What schedules should be included in a Personal Guarantee Lease Agreement?

1. Main Lease: Copy or summary of the main lease being guaranteed

2. Guaranteed Obligations: Detailed list of specific obligations being guaranteed

3. Property Details: Description of property subject to the lease

4. Financial Information: Details of rent, service charges, and other financial obligations

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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