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Should a tenant voluntarily offer collateral warranties to a landlord when it carries out works?
Practical Law Resource ID a-022-8137 (Approx. 3 pages)
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Should a tenant voluntarily offer collateral warranties to a landlord when it carries out works?
Anonymous (Private practice)
Q:
I am new to construction contracts and have been reading the materials to do with collateral warranties. I note that they refer to collateral warranties being granted to funders, purchasers or tenants. What is the position if work is being commissioned by a tenant? Would a landlord expect to receive a collateral warranty? If the terms of the lease are such that the landlords consent is not required to the proposed works then technically the landlord would not be aware works were being carried out so, is there any reason why a tenant would volunteer to negotiate for a collateral warranty for the benefit of the landlord?
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