Search

How can we help?

Icon

Guarantees on lease renewal

We have recently been contacted by a client who wants to renew his lease of  offices which is protected by the Landlord and Tenant Act 1954. The current lease was granted several years ago, is held by a company and when the lease was granted a personal guarantee was provided by one of the directors. The director does not want to provide a personal guarantee on the renewal. We were asked whether the landlord was entitled to insist upon the personal guarantee being provided on renewal.

The position is that if the tenant is not prepared to provide a guarantor,  the absence of guarantors does not entitle the court to refuse to grant a new tenancy. However, if  the parties cannot agree on whether the tenant is to provide a third party guarantor as security for the performance of its obligations under the new lease, the court will decide under section 35 of the Landlord and Tenant Act 1954. This provides that where there is disagreement between the parties the Court may determine by the point in dispute and in determining the Court shall have regard to the terms of the current tenancy and to all relevant circumstances.

The Court has discretion to include a term requiring the tenant to provide one or more guarantors within a specified period after execution of the new lease . In deciding whether to exercise its discretion, the Court will look at what is fair and reasonable, having regard to the terms of the current tenancy and to all relevant circumstances. The landlord may originally have required the tenant to provide a third party guarantor as a precondition to the grant of the current lease. but by the time of the renewal lease negotiations, the tenant’s covenant strength may have improved, it may have a good record of payment of the rent and performance of covenants and it may not be reasonable for the landlord to insist on a guarantor. Accordingly, much will depend upon the state of the tenant’s accounts and history as a tenant when the lease comes up for renewal.

The position is that if the tenant is not prepared to provide a guarantor,  the absence of guarantors does not entitle the court to refuse to grant a new tenancy.

If the tenant does not comply with a condition to provide a guarantor within the period specified after the grant of the new lease, the landlord can serve a s.146 Notice specifying the breach, and then forfeit if the breach is not rectified.

Accordingly, if the tenant wants to renew a protected lease, has previously provided a guarantor and does not, at the time of renewal have a good payment history, it would be sensible for the tenant to be prepared to  offer some other form of security such as a rent deposit when the request for renewal is made to try and ensure that the landlord does not insist upon a personal guarantee.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 15 September 2025
  • Immigration

Sharp rise in Sponsor Licence Revocations – What employers need to know

The Home Office has reported a record number of sponsor licence revocations over the past year, as part of its intensified efforts to crack down on abuse of the UK’s immigration system.

art
  • 10 September 2025
  • Commercial Real Estate

Trouble at the Table: The Challenges Facing the UK Hospitality Sector in the run up to Christmas 2025

The UK hospitality sector, long celebrated for its vibrancy and resilience, is facing a perfect storm of economic, operational, and structural challenges in 2025.

art
  • 09 September 2025
  • Commercial Real Estate

Le bail commercial anglais: quelques points essentiels à considérer

Typiquement, les baux commerciaux en Angleterre sont de court terme, d’une durée de 5 ou 10 ans, avec un loyer de marché et des ajustements du loyer périodiques en fonction de l’inflation ou d’autres facteurs. 

art
  • 09 September 2025
  • Corporate and M&A

The Failure to Prevent Fraud Offence – be prepared to avoid criminal liability

The failure to prevent fraud offence is a new corporate offence which has come into force on 1 September 2025.

art
  • 08 September 2025
  • Employment

Can employers still make changes to contracts after the Employment Rights Bill?

The short answer is yes but it will be much more difficult for employers following the introduction of the Employment Rights Bill because their ability to fairly dismiss employees who do not agree contractual changes is being restricted. 

art
  • 05 September 2025
  • Privacy and Data Protection

When Ignoring a DSAR Becomes a Criminal Offence

On 3 September 2025, Mr Jason Blake appeared at Beverley Magistrates Court and was fined for failing to respond to a data subject access request (DSAR).