Q&As

Where a guarantor covenants to guarantee performance of the tenant's obligations over the term of a lease with an initial fixed term of X years and is contracted out of the LTA 1954 but the term is defined as 'the term of years granted by this lease and any period of holding over or continuation or extension thereof whether by statute or common law', can the guarantor be liable for rent arrears that have accrued after the initial fixed term?

read titleRead full title
Published on LexisPSL on 16/03/2017

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

  • Where a guarantor covenants to guarantee performance of the tenant's obligations over the term of a lease with an initial fixed term of X years and is contracted out of the LTA 1954 but the term is defined as 'the term of years granted by this lease and any period of holding over or continuation or extension thereof whether by statute or common law', can the guarantor be liable for rent arrears that have accrued after the initial fixed term?
  • If a new periodic lease has arisen, would a guarantor’s obligations extend to cover rent falling due pursuant to the periodic lease?

Where a guarantor covenants to guarantee performance of the tenant's obligations over the term of a lease with an initial fixed term of X years and is contracted out of the LTA 1954 but the term is defined as 'the term of years granted by this lease and any period of holding over or continuation or extension thereof whether by statute or common law', can the guarantor be liable for rent arrears that have accrued after the initial fixed term?

If a tenant remains in occupation at the end of a lease term, it may be inferred that it is remaining either as a:

  1. tenant at will, or

  2. tenant with a periodic tenancy

Whether a tenant is a tenant at will or a periodic tenant is of crucial importance, given that a periodic

Popular documents