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Agreement of Guarantee

Start date of Agreement

This Guarantee is made on (insert date)

Between

(1) The Landlord

(insert landlord’s name)

(insert landlord’s address)

(2) The Tenant

(insert tenant’s name)

(insert tenant’s address)

(3) The Guarantor

(insert guarantor’s name)

(insert guarantor’s address)

1 BACKGROUND

1.1 The Landlord has granted or agreed to grant the Tenant and others a joint tenancy of the property known as

(insert address)

and a copy of the tenancy agreement is attached to this Guarantee

1.2 The Guarantor has agreed to underwrite certain of the Tenant’s obligations as set out in this Guarantee

2 GUARANTEE

2.1 In consideration of the Landlord granting the tenancy to the Tenant and of the Guarantor’s natural affection for the Tenant the Guarantor hereby guarantees to the Landlord:

2.1.1 to pay the rent reserved in the tenancy agreement up to a maximum of

(insert the total amount of rent divided by the number of tenants) £

within 21 days of receipt of a written demand from the Landlord addressed to the Guarantor accompanied by a certificate from the Landlord that either:

a) the Tenant following demand has not paid the amount being demanded of the Guarantor when it was due under the tenancy agreement; or

b) the tenancy agreement has been lawfully terminated; and

i) rent in the amount being demanded would have been due if the tenancy agreement had still been subsisting; and

ii) rent reserved by any new agreement relating to the property is not payable in full by any other person for the period in respect of which rent is being demanded of the Guarantor

2.1.2 to pay to the Landlord within 21 days of demand accompanied by written evidence of the amount claimed a sum equal to one (insert third/quarter/fifth/sixth etc. according to number of tenants) _____________________________ of all losses, damages, costs and expenses of the Landlord arising from any breach of the tenants’ covenants in the tenancy agreement

3 DURATION OF AGREEMENT

The Guarantor’s obligations shall end (without prejudice to any claim to which the Landlord is entitled under clause 2) upon the first to occur of:

3.1 the date falling 2 months after expiry of the tenancy agreement; or

3.2 the assignment of the tenancy or the assignment of the Tenant’s interest in the tenancy; or

3.3 the rent reserved by a new tenancy of the property (granted following lawful termination of the tenancy agreement) has become payable in full; or

3.4 the surrender of the tenancy or the surrender of the Tenant’s interests in the tenancy

3.5 the death of the tenant

4 LANDLORD’S RIGHTS AGAINST TENANT NOT AFFECTED

The rights and remedies of the Landlord against the Guarantor under this Guarantee do not affect the rights and remedies which the Landlord might have against the Tenant PROVIDED THAT if the Landlord recovers any sums from the Guarantor under this Guarantee and subsequently recovers from the Tenant any sum in respect of the same liability then the sum recovered from the Tenant shall (up to the amount paid by the Guarantor) be paid to the Guarantor within 7 days

5 TENANT’S PROMISE TO GUARANTOR

In consideration of the Guarantor giving this Guarantee the Tenant undertakes to the Guarantor to re-pay to the Guarantor within a reasonable time of demand any sums which the Guarantor pays to the Landlord and which are not reimbursed

Signed by the landlord.................................................. Dated: ______ / ______ / ______


Signed by the tenant..................................................... Dated: ______ / ______ / ______

 

Signed by the guarantor.................................................Dated: ______ / ______ / ______

 

This agreement is produced by and copyright Unipol Student Homes 2002.

Unipol Student Homes is a Company limited by guarantee, registered in England and Wales No. 3401440. Registered Charity No. 1063492. VAT Registration No. 698 8456 49. © Unipol Student Homes 2002.

Address 155/157 Woodhouse Lane, Leeds, LS2 3ED

Telephone: 0113 243 0169, Fax: 0113 234 3549.

Web: www.unipol.leeds.ac.uk Email: unipol@unipol.leeds.ac.uk

 
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Unipol Student Homes, 155-157 Woodhouse Lane, Leeds LS2 3ED | Registered Office: 155-157 Woodhouse Lane, Leeds LS2 3ED
Registered in England and Wales No. 3401440. Registered Charity No. 1063492 VAT Registration No. 698 8456 49. Unipol is a Registered Trademark.