No, a guarantee does not have to be executed as a deed. A guarantee can be executed as a deed or as an agreement in English law. A guarantee does have to be in writing under section 4 of the Statute of Frauds 1677. However, a guarantee is often executed as an agreement by the guarantor and the beneficiary. In banking practice, the guarantee is often incorporated into the facility agreement which is executed as an agreement. Many lenders taking a guarantee from group companies incorporate the terms within the facility agreement, so all parties sign the facility agreement and, therefore, the guarantee as an agreement. The Loan Market Association facility documentation for investment grade and leveraged transactions is structured in this way. Consideration and shareholders' resolutions A

In K/S Victoria Street v House of Fraser, the Court of Appeal confirmed that the controversial decision in Good Harvest Partnership LLP v Centaur Services Ltd, was correctly decided and a tenant’s guarantor cannot agree to give, nor give, a guarantee for the tenant’s assignee other than by guaranteeing the tenant’s obligations under an authorised guarantee agreement. See our Practice Note: Liability following assignment — Guarantors—new tenancies, and the Court of Appeal judgment that: … confirmed that a tenant’s guarantor cannot agree to give, nor give, a guarantee for the tenant’s assignee other than by guaranteeing the tenant’s obligations under an authorised guarantee

Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows a qualifying tenant to obtain a new lease of a flat by service of a notice under LRHUD 1993, s 42 upon their landlord, as defined by LRHUDA 1993, s 40. LRHUDA 1993, s 40 provides that the landlord in relation to a lease held by a qualifying tenant of a flat means the person who is the owner of that interest in the flat which is an interest in reversion on the termination of the tenant’s lease and is either a freehold interest or a leasehold interest whose duration is such as to enable that person to grant a new lease in accordance

This Q&A refers to a claim issued under CPR Part 7 in which a notice of provisional allocation to the multi-track has been issued. In this Q&A we have limited our research to the documents which must be filed in relation to costs budgets and we have addressed the question of when these documents must be filed under the rules and provides examples of case management directions which are commonly (but not always) encountered as a supplement to the rules. In advance of a costs and case management conference (CCMC) there are two costs management-based documents which must be filed and exchanged. The first is the precedent H costs budget, and the second is the precedent R budget discussion report. The court has a general

Section 149(1) of the Highways Act 1980 (HiA 1980) permits the highway authority to give notice for immediate removal of anything deposited on the highway that is a ‘nuisance’. Failure to comply with such a notice allows a complaint to be made to the magistrates’ court for the item’s removal and disposal. This process would ordinarily allow representations to be made about whether the object is a nuisance and its return. However, under HiA 1980, s 149(2), if the highway authority

We have assumed for the purposes of this response that the highway in question is a highway maintainable at the public expense. A highway authority is under a statutory duty in section 41 of the Highways Act 1980 (HiA 1980) to maintain a highway maintainable at the public expense. Maintenance for these purposes includes repair. The duty is an absolute duty to maintain, not merely a duty to take reasonable care to maintain, but it is not absolute in the sense that the road has to be perfect. The duty is to put the highway in

For the purposes of this Q&A we have assumed that this relates to a possession claim of a residential property. Pursuant to section 36 of the Administration of Justice Act 1970, the court has discretion to adjourn the mortgage possession proceedings, stay or suspend the execution of any judgment or postpone the date for possession for any period it considers reasonable, if it appears

The general rule is that where there is already on file a petition by the same petitioner which has not been dismissed or finally determined, that petitioner cannot file a further (or second) petition without first obtaining permission from the court. The exception to that rule is that where within one year of the date of the marriage a petition for judicial separation has been filed and then, after that one-year period has passed, the petitioner wishes to apply for a decree of divorce on the same facts under section 1(2) of the Matrimonial Causes Act 1973 as those mentioned in the first application, no permission is required. Therefore, where a petition for judicial separation was filed within one year of marriage and no decree has been granted and the petitioner now seeks a divorce on the same facts as were contained in

Different obligations apply to demised premises and to common parts (and the provisions relating to the latter in the Equality Act 2010 (EqA 2010) are not yet in force). For the purposes of this Q&A we have assumed this relates to the demised premises. A landlord/prospective landlord must comply with two requirements in relation to premises which are let or to be let: • where a provision, criterion or practice puts a disabled person at a substantial disadvantage in relation to (1) the enjoyment

Resident landlords A private sector tenancy granted after the coming into force of the Housing Act 1988 (HA 1988) on 15 January 1989,will usually be an assured tenancy (AT). For an AT which was entered into after HA 1988, s 96 came into force (on 28 February 1997), the tenancy will automatically be an assured shorthold tenancy, unless the landlord serves a statutory notice providing that it will not be a shorthold tenancy before the tenancy is entered into. If a tenant has lived in a property for 24 years, then it appears that the tenancy began in 1995. Thus, the tenancy would ordinarily be an AT. However, HA 1988, s 1(2) provides that certain tenancies cannot be assured tenancies: ‘Subject to subsection (3) below, if and so long as a tenancy falls within any paragraph in Part I of Schedule 1 to this Act, it cannot be an assured tenancy…’ HA

Save in exceptional circumstances, a tenant who has exclusive possession of residential premises, occupies it as their only or principal home and pays a rent will occupy pursuant to an assured shorthold tenancy (AST)—see sections 1(1) and 19A of the Housing Act 1988 (HA 1988). As a result the tenant can be evicted only by court order following service of either a section 21 notice, which, subject to compliance with the necessary precursor requirements (such as the proper protection of any deposit, and the provision of a gas safety certificate) does not require proof of any fault on behalf of the tenant;

Rent Smart Wales (the Scheme) is a relatively new registration and licensing scheme that applies to private residential landlords. It was introduced by the Housing (Wales) Act 2014 (H(W)A 2014) and has been fully in force since 23 November 2016. Pursuant to H(W)A 2014, all landlords who offer to market or rent out a domestic tenancy in Wales (save for a few limited exceptions such as holiday lets) must register pursuant to the Scheme. A landlord will need a licence in addition to registration if the landlord is to carry out any one or more lettings activities as defined by H(W)A 2014. Failure to comply