Assigning a Lease from Tenant to Guarantor

 
  • Landlord & Tenant (Covenants) Act 1995
  • House of Fraser case** (2011)
  • CA held that a guarantor cannot give a valid repeat guarantee
  • Lord Neuberger mused that perhaps a lease cannot be assigned from T to G
  • Section 24(2) requires G to be released on assignment of lease to the same extent as T
  • Section 25: any agreement that has the effect of frustrating the operation of the Act is void

**  K/S Victoria Street v House of Fraser (Stores Management) Ltd  [2011]  EWCA Civ 904

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