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Guarantee Rental Agreement Template for England and Wales

A legally binding agreement under English and Welsh law where a third party (the guarantor) commits to fulfilling the tenant's obligations under a rental agreement if the tenant fails to do so. This includes ensuring rent payments are made and covering any damages or breaches of the tenancy agreement. The document establishes the scope of the guarantee, the circumstances under which it can be enforced, and the duration of the guarantor's obligations.

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What is a Guarantee Rental Agreement?

A Guarantee Rental Agreement is essential when additional security is required for a rental arrangement, particularly common in student lettings, first-time renters, or high-value properties. The agreement, governed by English and Welsh law, provides landlords with additional security by having a third party guarantee the tenant's obligations. This document typically includes detailed provisions about the scope of the guarantee, enforcement mechanisms, and the guarantor's responsibilities. It's particularly relevant when tenants have limited rental history or where the rental value warrants additional security measures.

What sections should be included in a Guarantee Rental Agreement?

1. Parties: Identifies and defines the Landlord, Tenant, and Guarantor

2. Background: Context of the guarantee and reference to the main tenancy agreement

3. Definitions: Key terms used throughout the agreement

4. Guarantee Obligations: Core obligations of the guarantor including payment obligations and performance guarantees

5. Duration of Guarantee: Term of the guarantee and conditions for termination

6. Enforcement: Circumstances and process for enforcing the guarantee

What sections are optional to include in a Guarantee Rental Agreement?

1. Indemnity: Additional protection for landlord, typically used in high-value properties or commercial contexts

2. Joint and Several Liability: Required when multiple guarantors are involved in the guarantee arrangement

3. Change of Parties: Provisions for assignment or transfer of rights under the guarantee

What schedules should be included in a Guarantee Rental Agreement?

1. Schedule 1 - Property Details: Details of the property being rented including address and key features

2. Schedule 2 - Main Tenancy Agreement: Copy or key terms of the underlying tenancy agreement being guaranteed

3. Schedule 3 - Guarantor's Statement of Assets: Optional schedule for high-value rentals showing guarantor's financial position and ability to meet obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Guarantee Agreement

Sector

Banking

Cost

Free to use

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