Bank guarantees

A bank guarantee is a written undertaking by a bank or lending institution. It assures the beneficiary that they will receive the payment amount specified in the guarantee if the applicant, the tenant, defaults or breaches the terms of the contract. As such, the transaction typically involves the following three parties:

• The applicant. This is the bank’s client (e.g. commercial tenant) who seeks to be issued the bank guarantee.
• The guarantor. This is the bank or financial institution (often a holder of an Australian Credit License) that issues the bank guarantee.
• The beneficiary. This is the party (e.g. landlord, supplier or other business partners) who receives the bank guarantee from the applicant.

The guarantee is an alternative to providing a cash deposit and is used extensively in construction contracts and commercial leases.

When a commercial landlord leases their property to a business, there’s always a chance the tenant won’t uphold their obligations under the lease. A downturn that leads to withheld rent, or premises left in poor condition at the end of the term, can leave the landlord at financial risk. To protect themselves, landlords will often require financial assurance from the tenant, and this is where bank guarantees come in.

A bank guarantee for lease agreements gives the landlord (the beneficiary) a guaranteed payment of the tenant’s (the applicant) debt. Landlords usually request a bank guarantee for a commercial lease worth 3 to 18 months of rent before entering the agreement.

In practice, the lease security:

• covers non-payment of rent, property damage, or failure to ‘make good’ the premises at the end of the lease
• is paid out by the bank to the landlord, in full or part, if the tenant breaches the contract
• returns to the tenant if they meet every term and no claim is made by the expiry date.

All bank guarantees are generally issued with the following conditions. These define how and when the guarantee can be called on, and they shape both the protection a beneficiary receives and the commitment an applicant takes on.

Payable on demand without proof of default

Bank guarantees are often payable on-demand. This means that the landlord is able to make a claim on the guarantee without proof of default or damage. Additionally, the bank is not obligated to first inform the tenant that a claim has been made. In practice, however, banks tend to contact the tenant to inform them of the demand.

Irrevocable once issued

After an irrevocable bank guarantee has been issued, it cannot be revoked unless there’s a mutual agreement between all three parties. This provides the landlord with a high degree of assurance that the payment obligation will be carried out.

Separate from landlord-tenant disputes

This refers to the fact that the bank’s payment obligation is entirely unrelated to any dispute between the landlord and tenant. This means that if the landlord decides to make a claim on the guarantee, the tenant generally has no recourse to prevent it. However, there are exceptions, such as when the landlord is acting fraudulently, in which case the tenant can seek legal intervention

Fixed or open-ended expiry terms

Bank guarantees can come either with or without an expiry date. At expiry, the landlord is no longer entitled to call upon the business banking team to fulfill the payment obligation. At the same time, it ensures that the lease security will be returned to the tenant, provided that no previous claim has been made. While open-ended guarantees are generally preferred by landlords, those with expiry dates can also offer ample protection by extending the expiry date six to twelve months beyond the end of the lease term. This way, there’s enough time for the landlord to pursue any outstanding debt.

The bank guarantee cost is made up of more than a single charge. Between the security you have to lodge, the fee to set the guarantee up, and the fees you pay while it stays in place, the total can add up over the life of a lease.

Upfront cost

Generally, banks will require that applicants secure their commercial bank guarantee by supplying some form of asset. With banks typically offering flexible security options, applicants tend to have the choice of providing either cash, residential property or commercial property as collateral. Without some form of security (i.e. cash or property) provided upfront, banks will generally refuse to issue a bank guarantee.

Establishment fee

Often the issuing bank will charge a one-off fee to issue the bank guarantee. This is charged as either a flat fee or a small percentage of the total lease security.

Ongoing fees

It’s common for the issuing bank to charge regular service fees at around 2.5%  to 3.5% of the bank guarantee amount.

While bank guarantees might be a step up from traditional cash bonds, they come with their own set of rigid requirements that can be a source of distress for tenants and landlords alike.

Large upfront costs

By demanding large sums of capital or collateral up front, bank guarantees place undue financial pressure on commercial tenants. At the same time, this discourages both tenant attraction and retention, negatively impacting landlord cash flow.

Worryingly unsecure

With many banks and lending institutions continuing to rely on paper as proof of authentication, landlords and tenants are ultimately put at a higher risk of fraudulent bank guarantee transactions.

As the first of its kind to be offered to the Australian and New Zealand market, eGuarantee’s lease bond solution is an alternative that replaces bank guarantees as the new standard for commercial lease security. Now tenants and landlords can enjoy superior financial and administrative benefits with all the protection and legal credibility of a traditional bank guarantee.

No large upfront costs

With an eGuarantee lease bond solution, tenants can forget about having to provide large sums of capital at the start of their lease. As a non-cash, non-collateral lease security, eGuarantee allows commercial renters to improve their financial situation by freeing up their working capital to invest back into the growth of their business. At the same time, this places landlords in a better position to attract new tenants and incentivise lease renewals with instant cash-back on existing bank guarantees.

Enhanced security

As a completely digitised form of lease security, eGuarantee lease bonds allow both tenants and landlords to avoid the unwanted exposure of outdated paper authentication. Have peace of mind knowing that your lease securities are safe and secure, stored on an encrypted platform.

Why leave thousands tied up in a bank guarantee? An eGuarantee lease bond replaces it in full, keeps every protection and legal safeguard, and puts that capital back to work. See how it works for business tenants.