Q&As

Can a landlord who has forfeited a commercial lease by re-entry, go against guarantors of the lessee for all losses (ie rent and service charge arrears) incurred up to the point of forfeiture? Can the landlord go against the guarantors for losses incurred subsequent to forfeiture eg the costs of clearance and reinstatement of the property?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 05 April 2019
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It is common that Landlords of commercial leases require a guarantor of the terms of the tenancy. The purpose of a guarantor is to provide to the landlord some security in the event that the tenant defaults on an obligation under the lease, such as a failure to pay rent or service charges or a breach of other covenants such as to reinstate the premises. Depending on the nature of the guarantee the landlord may have the right to bring a claim for damages against the guarantor immediately upon the happening of a breach; after the happening of a defined event, such as a failure to pay rent or after a demand has not been satisfied; or after claims

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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