They are directly contractually required compensate the other party for their loss – they are “primarily liable”. Served with a creditors winding up petition, Construction Pre-Action Protocol procedures, Non-Contentious Construction & Engineering. As part of an authorized guarantee, the outgoing tenant guarantees that the incoming tenant (the agent) fulfills all obligations arising from the tenancy agreement. ... A certified copy of a specimen of the signature of each Authorised Officer to sign and/or despatch all documents and notices to be signed and/or despatched by under or in connection with this Guarantee, the Guarantor Accession Deed Poll and the Finance Documents to which it is a party. 3 pages) However, both differs from each other on several issues. The lender doesn’t have to pursue the borrower for performance before pursuing the indemnifier, they can pursue the indemnifier first or at the same time, as an indemnity forms a contractual duty to hold the lender harmless from loss. The Guarantor shall not have the right to cancel this agreement under the Consumer Protection (Distance Selling) Regulations 2000 once the tenancy has commenced. Who brings a Director Disqualification Claim? BBX Guarantee and Indemnity Terms . 6 A disclaimer arising out of the assignee's insolvency will not in any event result in the discharge of the guarantee. guarantee, indemnity or other agreement, whenever in existence, in favour of any person, whether from the Guarantor or otherwise; and (c) are to remain in full force and effect until the execution by the Lender of an unconditional discharge of the … Do you want to issue a Winding Up Petition? We use cookies to optimise site functionality and give you the best possible experience. If the borrower fails to meet an obligation (for example, making a payment, the guarantor may be required to step into the borrower’s shoes to meet the obligation. SAPPF through B4SA has commissioned a broad indemnity agreement which has now been submitted to the Minister of Health. An authorised guarantee agreement, is the agreement of the seller to guarantee the performance by the buyer, who will become the new tenant e.g. If, at the request of the Instructing Party, the Bank requests or procures a Correspondent to issue any Guarantee, the Bank may, and is authorised to, issue a Counter-guarantee in such form and contents as determined by the Bank at its sole discretion in favour of the Correspondent for issuance of the Guarantee. Rent demands and section 17 notices. In an authorised guarantee agreement on assignment, can the assignor and its guarantor require the assignee’s personal guarantor to give them an indemnity or would this be contrary to the anti-avoidance provisions of the Landlord and Tenant (Covenants) Act 1995? “Counter-guarantee” means each counter-guarantee, counter-indemnity, indemnity, standby letter of credit or undertaking, however named or described and in such form and content as determined by you at your sole discretion, which is at any time issued by you to a Correspondent in To: BIFALCO PTY LTD (ABN 17 369 794 774) trading as Smart Hire Company (the “Company”) In consideration of the Company granting the Customer a Credit Account facility with the Company and forbearing to demand immediate payment for goods and services supplied by … : 671380-H) having its registered office … Legal advice is required to properly understand the scope of the indemnifier’s possible liability. ... its authorised representative). Consideration for guarantee need riot appear by writing. Indemnity forms for both limited liability partnerships and companies: personal guarantee and indemnity deed of agreement. You would have preferred the store to be closed. Does an AGA have to be a condition of landlord's consent? 4. Who can enter into an AGA? The risk for the guarantor is that if the company does not pay or cannot pay in full then the guarantor’s assets are at risk for the lender to seek repayment from the guarantor. Many documents nowadays will have been drafted to be a combined guarantee and indemnity. Practical Law Resource ID a-026-9733 (Approx. European Investment Bank having its Head Office at 100, boulevard Konrad Adenauer, Luxembourg‑Kirchberg, Grand Duchy of Luxembourg, represented by . If the tenant were to give in, the tenant would be liable for the breach of the agent`s lease. At the request of the Guarantor, SHS has agreed to enter into the Services Agreement. have been sub-delegated by their accountable authority the power to grant an indemnity, guarantee or warranty on behalf of the Commonwealth need to brief their accountable authority about an indemnity, ... agreement, or that it is authorised to enter into a transaction. This Guarantee and Indemnity Agreement (this " Guarantee") is made as a deed on by: Anita Furstenberg, Director and Joanna Kalisz, Legal Counsel . I am acting for the assignee of a commercial lease. The lender must seek payment from the borrower first but if the borrower does not pay then the lender can seek payment from the guarantor. Often, the situation is resolved by the buyer`s agreement for compensation to the seller if the seller is held responsible to the lessor as part of an authorized warranty contract. (b) A 'comparable guarantee' means a written agreement on terms at least equal to those in a contract of professional indemnity insurance (see MIPRU 3.2.4 R) to finance the claims that might arise as a result of a breach by thefirmof its duties under the regulatory systemor civil law. This is a legally binding Agreement and you should read it with care and seek legal advice if you are unsure Meaning of Indemnity. Do You Need Advice On Personal Guarantees? Form of liability. However, both differs from each other on several issues. Your choice regarding cookies on this site, Are You Acquiring Or Restructuring An Existing Business, Are You Happy With Your Existing Finance Arrangements, Are You Taking Or Facing Legal Proceedings, Have You Been Contacted By An Insolvency Practitioner, Do You Need Other Non-Legal Professional Support, Defending Claims by Liquidators or Administrators. Sometimes the lender or commercial finance provider will agree to limit the liability of the guarantor in the guarantee. Both the contracts are modes of compensation based on certain similar principles. Tenants and their guarantors are automatically released from liability to the landlord when a … The benefit to the buyer was also able to supplement without funding the additional rent deposit and service charges that the landlord wanted on invoice. An indemnity differs from a guarantee in that a guarantee is directly linked to performance of the underling finance agreement. There are key differences between a guarantee and an indemnity.. Indemnity. Indemnities are types of contingent liabilities (i.e. In a transaction where we acted for the buyer, we were faced with a situation where the seller would not continue the sale if he had to submit an authorized warranty agreement. Customer Agreement and Acknowledgement The Authorised Signatories below acknowledge and agree that the Application for Trade Finance Bank Guarantee and any Guarantee or Indemnity issued thereunder together with the Customer Counter Indemnity to Bank incorporate and are subject to and governed by the Trade Finance Terms and Conditions. I have decided to assign my lease but the landlord wants us to sign authorised guarantee agreement. How long does liability last? © 2006 - 2006document.getElementById('footer-year').textContent = (new Date()).getFullYear() FWJ Legal Limited, trading as Francis Wilks & Jones. ... any other agreement having a similar effect. The guarantee agreement is a contract where one party approaches to pay some money or to perform an obligation it is a promise to be responsible for another person’s default. Guarantor Agreement & Indemnity ... Landlord’s Agent, any successor or any person authorised to act on the Landlord’s behalf. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the extent of £ 100. Form of guarantees: It must be evidenced in writing. ... 6 Guarantee and indemnity provisions in an AGA. It is common when a seller sells his or her optician business, where the premises lease is being assigned, that they have to give the landlord of the premises an “authorised guarantee agreement”. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. guarantee, indemnity or other agreement, whenever in existence, in favour of any person, whether from the Guarantor or otherwise; and (c) are to remain in full force and effect until the execution by the Lender of an unconditional discharge of the obligations of the Guarantor under this deed. “Land” means land and includes but is not limited to Land as defined in the Real Property Act 1900 (NSW) and/or the Conveyancing Act 1919 (NSW) and/or their equivalents in other States or Territories of the Commonwealth of Australia, as amended. All Rights Reserved.Authorised and regulated by the Solicitors Regulation Authority No.599151Francis Wilks & Jones. Where a landlord requires a tenant to enter into an authorised guarantee agreement (AGA) on an assignment, which is permitted under section 16 of the Act, the tenant will remain liable until the assignee is lawfully released from the tenant covenants in the lease. If you are asked to sign a deed of guarantee and indemnity, call the team at Francis Wilks & Jones to discuss your legal position. Indemnity, Guarantee and Bailment Act [Cap 232] LAWS OF FIJI. For example, A contracts to indemnify B against the consequence of any proceedings which C may take against B in respect of a certain sum of 300 rupees. Where the Guarantor comprises more than one (1) guarantor, such guarantors will be considered to have issued this Guarantee and Indemnity on a joint and several basis, whether they signed the same original of Authorised Signature(s) & Company Stamp . hereinafter called: "the Bank" This Guarantee and Indemnity Agreement (this " Guarantee") is made as a deed on by: Anita Furstenberg, Director and Joanna Kalisz, Legal Counsel . FEES In a contract of indemnity the liability of the indemnifier is primary and arises when the contingent event occurs. A person who indemnifies another party to a contract promises to compensate them if a particular state of affairs does not come to pass, and the contracting party suffers loss as a result. Afterwards, B supplies C with tea to the value of £ 200. A guarantor is promising performance of that finance agreement, and if the borrower fails to meet its obligations, the lender can make the guarantor perform the obligations rather than the borrower. The writing is may be formal contract or agreement, note, memorandum or promissory note; Signed: The guarantor should sign it, or have their authorised agent sign it. AUTHORISED GUARANTEE AGREEMENT. This authorised guarantee agreement is entered into by the Existing Tenant in consideration of the Landlord's entering into the Licence to Assign and, accordingly, the Existing Tenant as a principal obligor agrees with the Landlord that:2.1 GuaranteeThe Existing Tenant's obligations will be complied with by the Assignee and, to the extent they are not, the Existing … It is becoming increasingly common for lenders to require a guarantee and indemnity from either a third party company or individual in respect of a commercial loan made to a business. Thus, if the buyer was not good at the lease and repair obligations to the landlord, it was unlikely that the buyer would be good to them under compensation. Are you being threatened with a Bankruptcy Petition, Has a Bankruptcy Order been made against you, Reviewable transactions and claims that can be made by a Trustee, Corporate Restructuring and Turnaround Specialists, Services to the Asset Based Lending Industry, Bankruptcy Or Insolvency Advice Case Studies, Dealing With Director Disqualification Claims Pre Issue, Defending Director Disqualification Legal Proceedings, Negotiating Voluntary Disqualification Undertakings, Remaining a Director or in Management Despite Disqualification. Page 1 of 6 CORP/PRC/0701(2017) LETTERS OF GUARANTEE / INDEMNITY APPLICATION : *Indicates mandatory information to be provide_d. 6 Coldbath Square, London EC1R 5HL Tel: 020 7841 0390 Fax: 020 7837 3926 DX No. Therefore the agreement failed as a contract due to the fact that there was no valid offer from N to be responsible for the alleged debt. W89D-4.00-010916 2 GUARANTEE AND INDEMNITY 2.1 In consideration of the Underwriter agreeing to issue the Policy, the Associate Company hereby guarantees the performance of the Builder and/or the Developer of its obligations under the Policy and/or the Rules. BBX Guarantee and Indemnity Terms . GUARANTEE AGREEMENT, dated as of [—], made by Ally Financial Inc., a Delaware corporation (the “Company”, which term includes any successor under the Indenture hereinafter referred to) and each of the parties hereto designated on the signature pages hereof as a Guarantor (including each Person that becomes a party hereto pursuant to Section … What is the worst case if I sign aga? If, at the request of the Instructing Party, the Bank requests or procures a Correspondent to issue any Guarantee, the Bank may, and is authorised to, issue a Counter-guarantee in such form and contents as determined by the Bank at its sole discretion in favour of the Correspondent for issuance of the Guarantee… ... any other agreement having a similar effect. hereinafter called: "the Bank" 1 Please sign every page and email to: admin@showsupport.com.au GUARANTEE AND INDEMNITY dated BETWEEN: (1) Show Support Pty Ltd ACN (SHS); and (2) The person named in Item 1 of the Schedule to this Guarantee (Guarantor) RECITALS: A. The Seller : 1. Contract of Indemnity and Guarantee are the special types of contracts given under sections 124 to 147 of the Indian Contract Act, 1872. Many documents nowadays will have been drafted to be a combined guarantee and indemnity. In … A waiver of any right or remedy under this guarantee or by law, or any consent given under this guarantee, is only ... valid is that it must be in writing and signed by the guarantor or a person authorised on the guarantor’s behalf. In addition, there may be provisions requiring the tenant to take over a new tenancy agreement for the remainder of the term, when the assignee is bankrupted and the lease is no longer claimed by his agent. 1-1. An authorised guarantor may exercise rights of indemnity against the assignee by subrogating to the landlord’s rights. This kind of image Indemnity Agreement Sample Great Indemnity Agreement – Ve Q136205 earlier mentioned will be classed using: submitted through Kenneth Jones. ... LETTER OF GUARANTEE APPLICATION AGREEMENT AND INDEMNITY 1. Guarantee have a number of formal requirements to be a guarantee to put it beyond doubt that it is a guarantee. they may give rise to a liability on the occurrence of a future event), which are legally enforceable obligations. If granted this will provide a National blanket indemnity from prosecution for the period of the COVID pandemic. Where a landlord requires a tenant to enter into an authorised guarantee agreement (AGA) on an assignment, which is permitted under section 16 of the Act, the tenant will remain liable until the assignee is lawfully released from the tenant covenants in the lease. ... its authorised representative). The Seller is authorised to do business in all jurisdictions within or outside the United Kingdom. In the event that you are required to issue / renew in favour of your correspondent bank a counter guarantee/indemnity (the “Counter Guarantee”) in ... Agreement and Indemnity shall, in the absence of manifest error, be conclusive and binding on us. of covenant. At the request of the Guarantor, SHS has agreed to enter into the Services Agreement. A contract of indemnity is a contract by which one party promises to save the other party from loss caused to him by the conduct of the promisor himself or by the conduct of any other person (Section 124). The Seller has the necessary power and authority to enter into and perform its obligations under the Share purchase agreement. An AGA is a form of guarantee given by the (outgoing) tenant to the landlord that if the assignee does not perform the tenant obligations under the lease, such as paying the rent, repairing the property etc, then the outgoing tenant will. Published 1 June 2014 Last updated 4 … It is agreed: 1 DEFINITIONS AND INTERPRETATIONS 1.1 Definitions (a) The words and expressions used in this Guarantee and Indemnity will, unless expressly provided for or the The guarantee reduction rate of the customs duties part of the actual debt in section Authorised Economic Operator for Customs (AEOC) status: CCG … Click here for a full list of Google Analytics cookies used on this site. The last step for implementation of this indemnity provision is the signature of the Minister of Finance. A guarantee must be in writing and signed by the guarantor or some other person lawfully authorised to sign on the guarantor's behalf. Registered in England and Wales (Reg No 8582930). If I don't sign aga and landlord accepts will I still be responsible for the assignee? Have You Received A Personal Liability Notice? GENERAL INDEMNITY 1 AGREEMENT / INDEMNITY FORM By and Between ICC DURBAN (PTY) LIMITED / DURBAN EXHIBITION CENTRE Registration No. What is an Authorised Guarantee Agreement (AGA)? If the tenant were to give in, the tenant would be liable for the breach of the agent`s lease. Exhibit 4.3 . Google Analytics cookies help us to understand your experience of the website and do not store any personal data. An indemnity is for reimbursement of a loss, while a guarantee is for security of the creditor. Promises or agreement by parol. This Corporate Guarantee and Indemnity may be executed in counterparts in which case all parts shall be regarded as one Personal Guarantee and Indemnity. msrlawbooks Indemnity,Guarantee P T O Page 3 CHAPTER-1 CONTRACT OF INDEMNITY & GUARANTEE Ch. As part of an authorized guarantee, the outgoing tenant guarantees that the incoming tenant (the agent) fulfills all obligations arising from the tenancy agreement. What is an authorised guarantee agreement? GUARANTEE AGREEMENT . 124) It is a contract by which one party (promisor) promises ty save the other, from loss caused to him by the conduct of the … Can an assigning tenant, who is giving an authorised guarantee agreement, seek an indemnity from an individual connected to the assignee? In case of contract of guarantee the liability of surety is … 60. 4. But the advantage, apart from the conclusion of the sale of opticians, was able to retire without the uncertainty of liability as part of an approved guarantee agreement. The following Property Q&A provides comprehensive and up to date legal information covering: Can a shareholder/director of an assignee company give a guarantee/indemnity to the assignor (an individual), if the assignor has given an authorised guarantee agreement (AGA) to the landlord and the shareholder/director may also have given a guarantee/indemnity to the landlord? Lenders or finance providers should insist that independent legal advice is taken before a deed of guarantee and indemnity is signed. Contract of Indemnity and Guarantee are the special types of contracts given under sections 124 to 147 of the Indian Contract Act, 1872. Extent of guarantee and indemnity. There are provisions for the tenant to pay rent and fulfill the tenancy obligations, i.e. if the buyer as new tenant does not pay the rent, the landlord can come after the seller. 1992/005887/07 (THE DURBAN) AND (THE CONTRACTOR) Represented by: Registration / … Alternatively, the guarantee can take the form of a note or memorandum of the guarantee agreement which is similarly signed. 26. 1 GUARANTEE AND INDEMNITY dated BETWEEN: (1) Show Support Pty Ltd ACN (SHS); and (2) The person named in Item 1 of the Schedule to this Guarantee (Guarantor) RECITALS: A. This warranty confirms that the Seller is authorised to do business within or outside the United Kingdom. The technology to maintain this privacy management relies on cookie identifiers. In an authorised guarantee agreement on assignment, can the assignor and its guarantor require the assignee’s personal guarantor to give them an indemnity or would this be contrary to the anti-avoidance provisions of the Landlord and Tenant (Covenants) Act 1995? The assignor is required to enter into an Authorised Guarantee Agreement (AGA). Authorised guarantee agreements ... Can any agreement qualify as an AGA? A deed of guarantee and indemnity can take many forms but in essence, the document will contain guarantee provisions and indemnity provisions: In entering into a guarantee in the commercial finance context, one is assuring the lender that the obligations under the loan agreement will be met. Because this tends to create a personal liability along-side the corporate liability of the borrower it is important that you understand both the terms and the implications of signing a guarantee and indemnity. A waiver of any right or remedy under this guarantee or by law, or any consent given under this guarantee, is only To : DBS BANK (CHINA) LIMITED ("Bank" or "You", which expression shall include its successors and/or assigns) Dear Sirs Date : _____ We hereby request * you / you to instruct your correspondent bank to issue a Letter of Guarantee … When considering whether to provide a guarantee and indemnity, it is essential to consider. Click here for a full list of third-party plugins used on this site. Both the contracts are modes of compensation based on certain similar principles. The Contractual Guarantee Depending on the terms of the deed of guarantee and indemnity, the guarantor and indemnifier may be opening themselves up to personal liability. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. “Counter-guarantee” means each counter-guarantee, counter-indemnity, indemnity, standby letter of credit or undertaking, however named or described and in such form and content as determined by you at your sole discretion, which is at any time issued by you to a Correspondent in To see almost all photos throughout Indemnity Agreement Sample photographs gallery please follow that web page link. Authorised Signature(s) & Company Stamp If contract is extended, the Bank should be informed. The liability of each Guarantor under this document shall be joint and several and every agreement and undertaking in this document shall be construed accordingly. repairs if the assignee does not do so. This is understandable, given the amount of money involved, the maximum that our client would finance up to 6 months of rent on invoice. The downside for the seller was to delay receiving this money. Can a shareholder/director of an assignee company give a guarantee/indemnity to the assignor (an individual), if the assignor has given an authorised guarantee agreement (AGA) to the landlord and the shareholder/director may also have given a guarantee/indemnity to the landlord? Their view was that if the owner came after them as part of the approved warranty agreement, probably because the owner would have already tried bluntly to recover from the buyer. Removing or resetting your browser cookies will reset these preferences. This article explains the key terms of an AGA and gives practical pointers on how a tenant can improve its position during a neg… “Guarantee” means this Guarantee & Indemnity “Guarantor” means the person named in the Guarantor Schedule. Send to Email address * Open Help options for Email Address 2. Send to Email address * Open Help options for Email Address Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). at 2020-02-01 17:16:07. Authorised guarantee agreements (AGAs) were created by the Landlord and Tenant (Covenants) Act, and their content is strictly regulated by statute. Send to Email address * Open Help options for Email Address Can a shareholder/director of an assignee company give a guarantee/indemnity to the assignor (an individual), if the assignor has given an authorised guarantee agreement (AGA) to the landlord and the shareholder/director may also have given a guarantee/indemnity to the landlord? Furthermore the alleged indemnity was concealed in the end of the agreement and no effort was made to bring it to N’s attention. The Associate Company hereby indemnifies the Underwriter and the Scheme The guarantee provides for the guarantor liability to pay or perform if the relevant 3rd party fails to pay or perform. Medical Indemnity insurance is there to protect you against an accusation that your medical professional services caused physical or mental harm, injury or death, to a patient. (c) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. 13.11 Joint and Several. Consequently, P accepted £2,000 in full and final settlement. We turned to the owner to see if he would agree to waive the requirement for the approved warranty contract, which he refused, unless the buyer deposited 12 months of rental deposit and 12 months of service charge on invoice. S.V. European Investment Bank having its Head Office at 100, boulevard Konrad Adenauer, Luxembourg‑Kirchberg, Grand Duchy of Luxembourg, represented by . Guarantee Agreement (the "Double Payment"), then the Association shall promptly ... that this Agreement has been duly authorised or ratified by, and if the buyer as new tenant does not pay the rent, the landlord can come … (b) This Guarantee and Indemnity It is a term of the Facility Agreement that the Guarantor issues this Guarantee and Indemnity to the Bank. It is becoming increasingly common for lenders to require a guarantee and indemnity from either a third party company or individual in respect of a commercial loan made to a business. CIMB Revision: 30 September 2019 v1 1 GUARANTEE AND INDEMNITY BY INDIVIDUAL(S) OR COMPANY THIS GUARANTEE AND INDEMNITY is made the day and year stated in Section 1 of the Schedule below between the parties described in Section 2 of the Schedule (the "Guarantor") of the one part and CIMB BANK BERHAD (13491-P) of Level 13, Menara CIMB, Jalan … Sometimes the indemnity will be limited to losses arising from specific breaches of the finance agreement, and sometimes it will be broader. The buyer was not prepared to pay this amount on invoice. Guarantor Agreement & Indemnity Guarantor Agreement 2012 Golden Eagle International Ltd This Agreement is made between the Guarantor and the Landlord and is intended to be created as a Deed. Do You Need Bankruptcy Or Insolvency Advice? “Guarantee” means this Guarantee & Indemnity “Guarantor” means the person named in the Guarantor Schedule. When a tenant assigns its lease to a new tenant (assignee), the landlord may require the tenant to enter into an AGA with the landlord, as a condition of giving its consent to the assignment of the lease. In the draft transfer deed from the assignor to the assignee the assignor's solicitors have added an indemnity in respect of their clients liability under the AGA. 26. Murabahah Facility Agreement and/or Letter Of Offer, the Guarantors have agreed to jointly and severally give this Guarantee and Indemnity to the Bank. Because this tends to create a personal liability along-side the corporate liability of the borrower it is important that you understand both the terms and the implications of signing a guarantee and indemnity. However, if you are entering into a lease of a commercial property it is likely that the lease will include provision that the outgoing tenant enters into an Authorised Guarantee Agreement or "AGA" if the lease is sold (assigned) to a third party. In providing an indemnity in the commercial finance context, one is assuring the lender that they will compensate the lender for any loss suffered due to an action or inaction of the borrower. When asked to sign a deed of guarantee and indemnity it is important to consider what is a guarantee and indemnity before signing. 1 THIS GUARANTEE AND INDEMNITY is made the day and year stated in Item 1 of the Schedule hereto BETWEEN: (1) the parties described in Item 2 of the Schedule below (each, a “Guarantor”), and reference to a “Guarantor” means reference to any one of the Guarantors of the one part; AND (2) CIMB ISLAMIC BANK BERHAD (Company No. If the landlord forgoes its rights, the authorised guarantor is prejudiced. You can learn more detailed information in our Privacy Policy. 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Broad indemnity Agreement Sample photographs gallery please follow that web page link No.599151Francis Wilks & Jones 1992/005887/07 the. Q136205 earlier mentioned will be classed using: submitted through Kenneth Jones by subrogating to the of... Cookies used on this site browser cookies will reset these preferences LAWS of FIJI any personal data EXHIBITION Registration... A person authorised on the Terms of the Indian contract Act, 1872 is it! A commercial lease will relieve the Seller has the necessary power and authority enter... Rights of indemnity the liability of the website and do not store any personal data rent. Whether to provide a guarantee is for security of the deed of guarantee APPLICATION Agreement and provisions. Square, London EC1R 5HL Tel: 020 7841 0390 Fax: 020 7837 3926 DX.. Guarantee Agreement as new tenant does not pay the rent, the Guarantors have agreed to enter into an guarantee... The buyer as new tenant does not pay the rent, the authorised may... 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