Property update — January 2014: landlord and tenant
The Court of Appeal has agreed with the High Court that a surety was released from all liability because of a 1987 licence to alter, granted by a previous landlord.
Variations to a lease are usually obvious, so the landlord can readily spot the need to join in any current guarantors (including former tenants standing under an authorised guarantee agreement) where required to preserve the guarantee. However, granting a permission to the current tenant, which goes beyond the terms of the lease, can sometimes count as a variation. This may not be so obvious, but it can have the same dramatic consequences — namely the release of the guarantors.
A landlord’s safest course will usually, therefore, be to include any current guarantors as a party to the licence documentation. Alternatively, if it is lawful to do so in all of the circumstances, it might be better simply to refuse the tenant’s request…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Bot has proposed that the Court of Justice should dismiss both of Spain’s applications for the annulment of EU regulations relating to the Unitary Patent package.
What issues do workers of different ages face when trying to enter the workforce?