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Attornment And Non Disturbance Agreement

Attornment And Non Disturbance Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Attornment And Non Disturbance Agreement

"I need an Attornment and Non-Disturbance Agreement for a retail space in Dubai Mall where I'm the landlord securing a mortgage from Emirates NBD, with an existing 10-year lease to a major fashion retailer starting March 2025."

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Document background
The Attornment And Non Disturbance Agreement is a crucial document in UAE real estate financing transactions where a property is both mortgaged and leased. It becomes necessary when a lender holds or will hold a security interest in a property that is or will be leased to tenants. The agreement serves multiple purposes: it protects the tenant's right to continue occupying the property even if the lender forecloses, ensures the lender's security interest is protected, and establishes the tenant's obligation to recognize the lender as the new landlord in case of foreclosure. Under UAE law, this agreement must comply with both federal and emirate-specific regulations, including the UAE Civil Code and relevant property laws. It's particularly important in commercial real estate transactions where long-term tenancy arrangements need to coexist with property financing structures.
Suggested Sections

1. Parties: Identifies the three main parties: Landlord, Tenant, and Lender

2. Background: Recites the existing lease arrangement, the loan/security arrangement, and the purpose of this agreement

3. Definitions: Defines key terms including Property, Lease, Security Agreement, and Mortgage

4. Attornment: Tenant's agreement to recognize Lender as landlord upon enforcement of security

5. Non-Disturbance: Lender's commitment not to disturb tenant's possession if compliant with lease

6. Subordination: Establishes priority of the mortgage over the lease

7. Landlord's Consent: Landlord's agreement to the arrangements

8. Notice Requirements: Procedures for notices between parties

9. Term and Termination: Duration of the agreement and termination provisions

10. Governing Law and Jurisdiction: Specifies UAE law governance and jurisdiction

Optional Sections

1. Further Assurance: Additional commitments to execute documents/take actions - include when complex property arrangements exist

2. Assignment: Rules for assigning rights under the agreement - include when assignment rights are important to parties

3. Lease Modifications: Restrictions on lease modifications without lender consent - include for variable lease terms

4. Insurance and Casualty: Insurance requirements and casualty procedures - include for high-value properties

5. Estoppel Provisions: Confirmations about lease status - include when there's uncertainty about lease terms

6. Mortgage Provisions: Additional mortgage-related terms - include when complex financing exists

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property

2. Schedule 2 - Lease Details: Key details of the lease including date, parties, and any modifications

3. Schedule 3 - Mortgage Details: Details of the mortgage or security agreement

4. Schedule 4 - Form of Notice: Template for notices under the agreement

5. Appendix A - Land Registration Particulars: Details required for UAE land registry purposes

6. Appendix B - Execution Requirements: Specific execution requirements under UAE law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Real Estate

Banking & Finance

Commercial Property

Retail

Hospitality

Industrial & Logistics

Office Space

Mixed-use Development

Shopping Centers

Healthcare Facilities

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Compliance

Property Management

Asset Management

Commercial Operations

Facilities Management

Investment

Relevant Roles

Real Estate Manager

Property Director

Legal Counsel

Finance Director

Asset Manager

Commercial Director

Leasing Manager

Risk Manager

Corporate Lawyer

Property Investment Manager

Facilities Manager

Banking Relationship Manager

Real Estate Partner

Mortgage Officer

Compliance Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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