Q&As

Is there any legal restriction on providing that a guarantor's liability endures until : (a) a new re-letting is completed; or (b) the date of 6 months after the date of disclaimer or forfeiture; or (c) the expiry of the term of the lease?

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Published on LexisPSL on 13/01/2016

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

  • Is there any legal restriction on providing that a guarantor's liability endures until : (a) a new re-letting is completed; or (b) the date of 6 months after the date of disclaimer or forfeiture; or (c) the expiry of the term of the lease?

Is there any legal restriction on providing that a guarantor's liability endures until : (a) a new re-letting is completed; or (b) the date of 6 months after the date of disclaimer or forfeiture; or (c) the expiry of the term of the lease?

Our suggested approach is set out in Precedent Lease of whole building under clause 22.1 which states that if the lease is disclaimed or forfeited, and if within three calendar months of that disclaimer or forfeiture the landlord serves notice in writing on the guarantor requiring it to do so, the guarantor must accept a lease of the property for a term commencing on the date of

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