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plj16118
L&T: rent/repair
Guarantor - deed

For any guarantee to be valid, it needs to be in writing and it must be signed by the guarantor (Statute of Frauds 1677).

Rent arrears - recovery from sub-Ts

Section 6 Law of Distress Amendment Act 1908 enables L to serve a notice on a sub-T, when T is in arrears. The effect of serving the notice on the sub-T is to assign T’s right to receive the rents from sub-T over to L. Thus, once a notice is served on the sub-T, the sub-T then becomes the immediate T of L (and sums payable under the notice are deemed to be the rent).

Sub-lease - less than passing rent?

Many leases contain a provision saying the rent in any sub-lease must be the greater of the open-market rent, or the passing rent under the existing lease.

Rent - limitation periods
What are the limitation periods for claiming rent from a defaulting T? In practice, Ls are unlikely to allow rent to be unpaid for a long period of time, and a more relevant issue will be the length of the limitation period for enforcing any judgment obtained against that defaulting T.
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