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Deed Of Guarantee For Tenancy Template for New Zealand

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Key Requirements PROMPT example:

Deed Of Guarantee For Tenancy

"I need a Deed of Guarantee for Tenancy to cover three student properties in Wellington, where the tenants' parents will act as guarantors, with the guarantee period starting from January 2025 and lasting for 12 months."

Document background
The Deed of Guarantee for Tenancy is a crucial legal instrument in New Zealand's property rental market, commonly used when landlords require additional security beyond the standard tenancy agreement. This typically occurs when renting to students, first-time renters, or tenants with limited rental history or income. The deed creates a legally binding commitment from a guarantor (often a parent, relative, or other financially stable individual) to assume responsibility for the tenant's obligations if they default. The document must comply with New Zealand's legal requirements for deeds and include specific details about the guaranteed obligations, the property, the underlying tenancy agreement, and the parties involved. It serves as a risk management tool for property owners and managers while facilitating rental opportunities for tenants who might otherwise struggle to secure a lease.
Suggested Sections

1. Parties: Identifies all parties to the deed: the Guarantor(s), the Landlord/Property Manager, and reference to the Tenant(s)

2. Background: Explains the context of the guarantee, including reference to the main tenancy agreement and the reason for requiring a guarantee

3. Definitions: Defines key terms used throughout the deed including 'Guaranteed Obligations', 'Tenancy Agreement', and other relevant terms

4. Guarantee and Indemnity: Core section detailing the guarantee obligations, including the scope of the guarantee and the nature of the guarantor's liability

5. Duration of Guarantee: Specifies the term of the guarantee, including when it commences and under what circumstances it may terminate

6. Guarantor's Obligations: Details specific obligations of the guarantor, including payment obligations and other responsibilities

7. Enforcement: Explains how and when the guarantee can be enforced, including any notice requirements

8. Landlord's Rights: Outlines the rights of the landlord in relation to the guarantee, including right to claim directly against the guarantor

9. Costs and Expenses: Addresses responsibility for costs related to the preparation, enforcement, or breach of the guarantee

10. Execution: Formal section for signing and witnessing the deed in accordance with New Zealand law

Optional Sections

1. Multiple Guarantors: Section addressing joint and several liability when there is more than one guarantor

2. Limit of Liability: Optional cap on the guarantor's liability, if agreed between the parties

3. Guarantee Release Conditions: Specific conditions under which the guarantor may be released from their obligations

4. Assignment and Transfer: Provisions regarding the ability to assign or transfer rights under the guarantee

5. Dispute Resolution: Specific procedures for resolving disputes related to the guarantee

Suggested Schedules

1. Schedule 1 - Tenancy Agreement Details: Details of the underlying tenancy agreement being guaranteed, including property address, rent amount, and term

2. Schedule 2 - Guarantor's Personal Information: Required personal and contact information for the guarantor(s)

3. Schedule 3 - Guaranteed Obligations: Detailed list of the specific obligations being guaranteed under the tenancy

4. Appendix A - Proof of Guarantor's Identity: Copies of required identification documents for the guarantor

5. Appendix B - Statement of Financial Position: Optional financial information provided by the guarantor to support their capacity to guarantee the tenancy

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




















Relevant Industries

Real Estate

Property Management

Residential Property

Commercial Property

Legal Services

Property Investment

Student Housing

Relevant Teams

Legal

Property Management

Leasing

Compliance

Risk Management

Operations

Document Administration

Client Services

Tenant Relations

Asset Management

Relevant Roles

Property Manager

Leasing Agent

Real Estate Agent

Legal Counsel

Tenancy Compliance Officer

Property Investment Manager

Rental Portfolio Manager

Housing Officer

Lettings Manager

Tenancy Administrator

Risk Assessment Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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