This has a significant impact on foreign provisions that allow the lessor to control the transfer of its lease by a tenant. Business tenants often require provisions in leases that allow orders between companies in the same group without the landlord`s consent. Landlords often accept these agreements, provided that the tenant`s guarantor continues to guarantee the debts of the tenant entering into the lease. The decisions in Good Harvest and K/S Victoria Street prevent it because: b) When the lender transfers the secured portion of the loan, the following things happen: the Court of Appeal clarified the law and upheld the validity of the partial guarantees. The decision confirms that (3) the lender provides the Agency with copies of all appropriate forms used in the transfer. 1. Subject to the Agency`s agreement, the lender may transfer, in whole or in part, to one or more holders, the secured portion of the loan, under or after the dementor, to one or more holders if the holder is not late. However, a line of credit cannot be allocated. The lender must always keep the unsecured portion in its portfolio, regardless of how the loan is financed. (6) After the lender transfers the secured portion of the loan, the lender remains bound by all the obligations specified in the guarantee, the lender agreement, the provisions of the Agency`s program and future provisions of the program that are not inconsistent with the provisions of the lender contract. The lender retains all rights under the lender`s and U.S. protection security instruments. If your lease was granted after 1996, there are more restrictions that the owner can sue in the event of a breach of the lease.
In most cases, the lessor asks you for an authorized warranty contract if the lease is awarded, and this is a condition of the assignment, otherwise you will not get your landlord`s license. The advantage of the agreement is that the responsibility to guarantee the obligations of your successor according to DerArt, that your direct successor has received the lease, ends. As a general rule, the lessor`s lawyers provide a standard form of the agreement to transfer the lease. If the agent does not resign, you will remain liable until the lease expires. They are often imposed as a condition of a lessor`s agreement for the transfer of a lease.