Landlord and Tenant (Covenants) Act 1995: Primary legislation that introduced Authorised Guarantee Agreements (AGAs). Sections 16-19 are particularly relevant, governing when and how AGAs can be required. This is the foundational legislation for AGAs in English law.
Law of Property Act 1925: Establishes general principles of property law in England and Wales and sets out requirements for execution of deeds, which is relevant for the formal execution of AGAs.
Privity of Contract: Common law principle governing the relationship between parties to a contract, particularly relevant in understanding the tripartite relationship between landlord, outgoing tenant, and incoming tenant.
Guarantee Obligations Principles: Common law principles governing how guarantees operate, including rules about the extent and discharge of guarantee obligations.
Contractual Interpretation Principles: Common law principles governing how courts interpret contractual terms, essential for drafting clear and enforceable AGA provisions.
Code for Leasing Business Premises: Non-statutory guidance providing best practice recommendations for commercial leasing, including guidelines relevant to AGAs.
Good Harvest Partnership LLP v Centaur Services Limited [2010]: Key case law establishing principles regarding the validity and scope of AGAs, particularly concerning the ability to require guarantors to guarantee assignees.
K/S Victoria Street v House of Fraser [2011]: Significant case law clarifying the extent to which guarantors can provide repeat guarantees under an AGA structure.
EMI Group Ltd v O&H Q1 Ltd [2016]: Important case law further refining the interpretation of the Landlord and Tenant (Covenants) Act 1995 in relation to AGAs and guarantee arrangements.
