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Guarantor Clause

  • Apr 25
  • 2 min read

Guarantor Agreement and Continuing Liability

The Guarantor agrees with the Landlord and/or Agent as follows:


  1. Guarantee of Obligations

    The Guarantor guarantees the performance by the Tenant of all obligations under this Agreement, including (but not limited to) payment of rent, utilities, and any losses, damages, or costs arising from breach. 


  2. Continuing Guarantee

    This guarantee is a continuing guarantee and shall extend to: 


    Any statutory periodic tenancy arising from this Agreement 

    Any continuation, renewal, or replacement tenancy 

    Any variation of the tenancy, whether agreed formally or arising by operation of law 


  3. No Discharge by Variation

    The Guarantor agrees that their liability shall not be discharged or reduced by: 


    Any increase in rent 

    Any variation to the terms of the tenancy 

    Any delay or failure by the Landlord to enforce obligations 

    Any forbearance, concession, or indulgence granted to the Tenant 


  4. Material Changes Acknowledged

    The Guarantor expressly acknowledges that: 


    Rent may be increased in accordance with statute or agreement 

    The tenancy may continue for an indefinite period 

    Such changes shall not release the Guarantor from liability


  5. Joint and Several Liability


    Where there is more than one Tenant, the Guarantor guarantees the obligations of all Tenants jointly and severally, not just the individual they are associated with. 


  6. Duration of Guarantee

    This guarantee shall continue until: 


    The tenancy is lawfully terminated; and

    Vacant possession is returned; and

    All obligations and liabilities of the Tenant have been fully discharged 


  7. No Unilateral Withdrawal

    The Guarantor may not withdraw from this guarantee without the prior written consent of the

    Landlord, which may be refused at the Landlord’s discretion. 


  8. Indemnity Provision

    The Guarantor further agrees to indemnify the Landlord against any losses arising where this guarantee is found to be unenforceable for any reason. 



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