Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Breach of Covenant definition

What does Breach of Covenant mean? Breach of covenant describes a failure to comply with an obligation in a lease (or other deed). In practice this most often concerns a tenant covenant—such as not paying rent, unauthorised assignment/subletting or parting with possession, unlawful use, or failing to repair—but landlords can also be in breach (for example, quiet enjoyment or services). The phrase is descriptive rather than a statutory definition; remedies and procedures are governed by legislation and case law. England & Wales and Northern Ireland: where the lease reserves a right of re-entry/forfeiture, a tenant’s breach may entitle the landlord to forfeit, subject to...

Authorised guarantee agreements (AGAs) on lease assignments: requirements, content, GAGAs, anti-avoidance, Lease Code 2020, LTA 1954, releases and excluded assignments (England and Wales)

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Practice notes

Where a lease is assigned, the landlord may insist that the transferor tenant enters into an authorised guarantee agreement (AGA) pursuant to section 16 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). This Practice Note examines what amounts to an AGA and explains how it functions to allow the outgoing tenant to underwrite some or all of the incoming tenant’s duties under the lease. It addresses the appropriate (and inappropriate) contents of an AGA, the status of the outgoing tenant’s guarantor on assignment (including guarantees of an AGA, often referred to as a GAGA), excluded assignments, and the release of the former tenant and its guarantor.

What is an authorised guarantee agreement (AGA)?

An AGA is a guarantee provided by the assigning tenant which satisfies the requirements of LT(C)A 1995, s 16. Upon a lease assignment, the landlord can require the assigning tenant to enter into an AGA. By an AGA, the assignor (i.e. the outgoing tenant) stands as guarantor for the assignee’s (i.e. the incoming tenant’s) compliance with some or all tenant covenants...

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Web page updated on 21/05/2026

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