Former Tenants & Guarantors - Hurdles to Enforcement

Introduction

When a tenant is in difficulties paying the rent and other sums, the landlord’s ability to turn to other parties is crucial. It may be a former tenant that remains liable, or perhaps their guarantor, or a parent company or director and shareholder who has given a guarantee. However, this is not always straightforward.

As regards former tenants, but more particularly their guarantors, the courts still continue to grapple with the interpretation of the Landlord and Tenant (Covenants) Act 1995. More generally, recourse against guarantors can be vulnerable to insolvency procedures, and challenge on other grounds such as lease variations and even undue influence. Recent caselaw continues to develop the understanding of these areas.

For those advising a former tenant or guarantor in receipt of a landlord’s claim or a s.17 notice, knowing the possible challenges and the range of tactical options may mean the difference between the client writing a hefty cheque and turning the situation to advantage.

The webinar is aimed at solicitors and surveyors engaged in commercial letting work.

What You Will Learn

This webinar will cover the following:

• The 1995 Act - principle and pragmatism
• Parent company guarantees after the EMI Group cases
• s.17 notices - getting them right
• Challenging the landlord’s claim
• Impacts of insolvency procedures

This webinar was recorded on 15th April 2024

You can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.