Deed of Guarantee

IMPORTANT NOTICE TO THE GUARANTOR: By signing this document you agree to guarantee that the tenant will comply with all obligations under their Tenancy Agreement including payment of rent and any other sum due. If the Tenant fails to pay rent, causes damage or breaches any term of the tenancy you will be required to meet these obligations.You should read this document carefully and consider seeking independent legal advice before signing.

TO: ("the Landlord/you/your"):          

OF:                                                    

 

FROM ("the Guarantor/I/me/my")      

OF:                                                    

 

TENANT:  

 

PROPERTY ADDRESS:                    

 

INITIAL TENANCY TERM:                                              

 

RENT:  

 

CONTINUATION OF TENANCY: If the tenancy continues as a periodic tenancy under the Renters' Rights Act (or similar legislation), this Guarantee will continue for as long as the tenancy lawfully continues, unless replaced by a new tenancy agreement not guaranteed by this deed.                               

 

Definitions for the Purposes of this Guarantee. Words in the singular include the plural and vice versa.

“Landlord”: (insert names of landlords), including any successors or authorised agents.

“Tenant”: the person named in this Deed as occupying the Rental Property under the Tenancy Agreement, including any joint tenants.

“Guarantor”: the person named in this Deed who guarantees the Tenant’s obligations under the Tenancy Agreement.

“Tenancy Agreement”: the contract between the Landlord and Tenant for occupation of the Rental Property.

“Losses”: any damages, expenses, or costs (including legal costs) arising from unpaid Rent, sums due, or breaches of the Tenancy Agreement.

“Personal Representative”: the person(s) responsible for administering the Tenant’s estate in the event of their death.

 

1.0 Terms of the Guarantee

1.1. In consideration of the Landlord agreeing to let the Property to the Tenant for the term and rent stated above, the Guarantor guarantees that the Tenant will perform all obligations set out in the Tenancy Agreement, including the payment of rent and any other sums due.

1.2. The Guarantor further agrees to indemnify the Landlord against any loss, damage, cost, or expense arising from the Tenant’s failure to comply with the Tenancy Agreement, or from any act or default by the Tenant.

1.3. This Guarantee remains effective for the tenancy as granted and, subject to Clause 4, for any continuation, extension, or renewal of that tenancy permitted by law or mutual agreement.

2.0 Multiple Tenants or Guarantors

2.1. Where the Tenancy Agreement includes more than one Tenant, each Tenant is jointly and severally liable for all obligations under the Tenancy Agreement. Accordingly, the Guarantor’s liability extends to the full performance of those obligations, regardless of any changes in the composition of the Tenant group.

2.2.If more than one Guarantor is named, each Guarantor is jointly and individually liable for the full amount of the Tenant’s obligations. The Landlord may enforce this Guarantee, in whole or in part, against any one or more Guarantors without affecting the liability of the others.