Q&As

A guarantor guaranteed the obligations of the original tenant in an ‘old’ lease. The lease was later assigned and no guarantor was provided on assignment. If the parties wish to surrender the lease, does the guarantor need to be party to the surrender?

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Published on LexisPSL on 19/12/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A guarantor guaranteed the obligations of the original tenant in an ‘old’ lease. The lease was later assigned and no guarantor was provided on assignment. If the parties wish to surrender the lease, does the guarantor need to be party to the surrender?

A guarantor guaranteed the obligations of the original tenant in an ‘old’ lease. The lease was later assigned and no guarantor was provided on assignment. If the parties wish to surrender the lease, does the guarantor need to be party to the surrender?

We cannot locate any authority providing that a current (or previous) guarantor needs to be a party to a surrender for the surrender to operate.

However, a current guarantor

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