No obvious condition - the wording was
"Curtis (landlord) agreed to forego 50% of the rent then outstanding"
The "then" was at the time of the CVA
The guarantee guarantees the rent payable by the company, this is not in dispute.
If however a portion of rent has been foregone that portion is not due therefore there is nothing to guarantee within that portion
Unfortunately there is such a clause with similar wording [but without the actual words "non-waiver" but I would have thought that this would be over-ridden by the landlord's solicitor stating, in writing, that part of the debt was foregone.
I have nothing directly from the landlord, only from his solicitor. The landlord was present during the meeting with the solicitor and the letter indicates that he concurred with the decision.
Regardless of any non-waiver clause or similar, I cannot see how a guarantor can be liable for a debt that has been written off
letter dated 15th January 2015
The property is owned by Curtis. UK Coasters Ltd had financial difficulties in early 2014 and entered into a company voluntary arrangement.
Curtis agreed to forego 50% of the rent then outstanding.
Do not understand the question " did we act in this waiver in any way?"
As far as I know, we did nothing that was to our detriment
No, the waiver came after the CVA had been put in place
Landlord voted for CVA in Jan 14
The letter foregoing the balance was in Jan 15