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The document should be signed by the authorised signatory (or directors of a company) and witnessed to complete the formality.
The document titled 'Guarantee to Landlord in relation to Tenancy / Lease' is a legal document that serves as a guarantee from one party (referred to as the guarantor) to another party (referred to as the landlord) in relation to a tenancy agreement. The document begins with the identification of the parties involved, including their names, addresses, and contact information. It is addressed to the contact person of the landlord.
The purpose of this document is to provide assurance to the landlord that the tenant will fulfill all their obligations, commitments, and undertakings as stated in the tenancy agreement. The guarantor guarantees the proper and punctual observance and performance of the tenant's obligations.
The document specifies that upon receiving a written demand from the landlord indicating that the tenant has failed to comply with their obligations or prematurely terminated the agreement without payment of the relevant rent or fees, the guarantor commits to paying the landlord an amount not exceeding a certain maximum amount. This payment is subject to the landlord being in compliance with their obligations under the agreement.
To make a claim under this guarantee, the landlord must send a registered post to the guarantor's address mentioned in the document. The demand for payment must be signed by the landlord or their authorized signatories. The guarantor will only make the payment if the demand has been made in accordance with the terms of the guarantee and the landlord has provided a statement confirming the debt or claim is properly due and payable.
The guarantee becomes effective from the first date of the tenancy and expires on the last day of the tenancy or the termination date if the agreement is terminated early by the guarantor. The document also states that claims and rights resulting from this guarantee can only be assigned with the guarantor's prior written consent.
It is important to note that if any provision of this guarantee becomes invalid, illegal, or unenforceable under any law, the remaining provisions will still remain valid and enforceable. Additionally, the document specifies that a person who is not a party to this guarantee does not have the right to enforce any of its terms.
The document concludes with a jurisdiction clause, indicating that it has been duly executed and delivered as a deed on the date mentioned in the document.
To use the 'Guarantee to Landlord in relation to Tenancy / Lease' document, follow these steps:
1. Identify the parties: Fill in the names, addresses, and contact information of both parties involved in the tenancy agreement - the guarantor and the landlord.
2. Address the document: Address the document to the contact person of the landlord mentioned in the document.
3. Understand the guarantee: Familiarize yourself with the purpose of the document, which is to provide assurance to the landlord that the tenant will fulfill their obligations under the tenancy agreement.
4. Comply with the terms: Ensure that the tenant complies with all their obligations, commitments, and undertakings as stated in the tenancy agreement.
5. Make a written demand: If the tenant fails to comply with their obligations or prematurely terminates the agreement without payment, send a written demand to the guarantor via registered post.
6. Provide necessary documentation: Include all relevant documentation and evidence to support your claim for payment from the guarantor.
7. Await response: Wait for the guarantor's response to the demand for payment.
8. Receive payment: If the demand is made in accordance with the terms of the guarantee and the guarantor confirms the debt or claim is properly due and payable, the guarantor will make the payment to the landlord.
9. Keep records: Maintain a record of all communication, including the demand, response, and payment.
10. Termination of guarantee: The guarantee will expire on the last day of the tenancy or the termination date if the agreement is terminated early by the guarantor.
Please note that this guidance is for informational purposes only and does not constitute legal advice. It is recommended to consult with a legal professional for specific guidance related to your situation.