Q&As

Can a landlord require a tenant who gave an authorised guarantee agreement (AGA) in relation to a protected tenancy to enter into a new AGA when the lease is renewed pursuant to the Landlord and Tenant Act 1954 or for the AGA to continue?

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Published on LexisPSL on 17/03/2017

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

  • Can a landlord require a tenant who gave an authorised guarantee agreement (AGA) in relation to a protected tenancy to enter into a new AGA when the lease is renewed pursuant to the Landlord and Tenant Act 1954 or for the AGA to continue?
  • Release on assignment
  • Holding over
  • Lease renewal

Can a landlord require a tenant who gave an authorised guarantee agreement (AGA) in relation to a protected tenancy to enter into a new AGA when the lease is renewed pursuant to the Landlord and Tenant Act 1954 or for the AGA to continue?

Release on assignment

If a landlord requires the tenant to enter into an authorised guarantee agreement (AGA), the tenant will remain liable under the guarantee until the assignee is lawfully released from the tenant covenants in the lease (section 16(4) of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995)). See Practice Note: Liability following assignment.

Holding over

Aside from that, for protected tenancies only, whether the liability of the tenant will extend to any period of holding over after expiry of the contractual term and to any interim rent awarded by the court depends on whether the definition of the ‘term’ includes any holding over or continuation and whether the definition of the ‘rent’ includes ‘any interim rent’. In the absence of express wording,

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