Law of Property Act 1925: Primary legislation governing legal interests in land and formalities for creating interests in property. Essential for understanding the legal framework of property interests that underpin the lease being guaranteed.
Landlord and Tenant Act 1954: Key legislation governing business tenancies and landlord-tenant relationships. Relevant for understanding the underlying lease being guaranteed, particularly if it involves commercial premises.
Statute of Frauds 1677: Historical but still crucial legislation requiring guarantees to be in writing and signed to be legally enforceable under Section 4.
Law of Property (Miscellaneous Provisions) Act 1989: Contains formal requirements for contracts relating to land under Section 2, which may affect how the guarantee agreement must be executed.
Consumer Rights Act 2015: Relevant when the guarantor is an individual (consumer) rather than a business, providing consumer protection measures that must be considered in the guarantee terms.
Unfair Contract Terms Act 1977: Regulates the reasonableness of contract terms, including guarantee provisions, to ensure they are fair and enforceable.
Financial Services and Markets Act 2000: Applicable if the guarantee involves regulated financial activities, ensuring compliance with financial services regulations.
Co-operative Wholesale Society Ltd v National Westminster Bank plc [1995]: Key case law providing guidance on the interpretation of guarantee provisions in commercial contexts.
Hindcastle Ltd v Barbara Attenborough Associates Ltd [1997]: Important case law addressing the effect of disclaimer of lease on guarantee obligations, particularly relevant in insolvency situations.
K/S Victoria Street v House of Fraser [2011]: Significant case law regarding good faith provisions and anti-avoidance measures in guarantee agreements, particularly in commercial property contexts.
