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Loan Deferment Agreement Template for England and Wales

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Key Requirements PROMPT example:

Loan Deferment Agreement

"Need a Loan Deferment Agreement for a commercial property loan where the borrower has requested to postpone monthly payments from January 2025 to June 2025 due to renovation works, with the deferred amount to be spread across the remaining term of the loan."

Document background
A Loan Deferment Agreement is utilized when a borrower requires temporary relief from loan payment obligations due to financial hardship or other circumstances. This document, governed by English and Welsh law, formally documents the arrangement between lender and borrower to postpone scheduled payments while preserving the underlying loan agreement. It typically includes details of the original loan, specific terms of deferment, new payment schedules, and any additional conditions or modifications. The agreement ensures compliance with UK financial regulations and provides legal certainty for both parties.
Suggested Sections

1. Parties: Identification of lender and borrower

2. Background: Details of original loan agreement and reason for deferment

3. Definitions: Key terms used in the agreement

4. Deferment Terms: Specific terms of the deferment including new payment dates

5. Original Agreement: Confirmation that other terms of original agreement remain in force

6. Representations and Warranties: Confirmations from borrower regarding their situation

7. Execution: Signature blocks and execution provisions

Optional Sections

1. Additional Security: New security arrangements if required when additional security is being provided

2. Interest Provisions: Modified interest terms if interest terms are being changed

3. Fees: Any fees associated with the deferment when deferment fees are being charged

4. Conditions Precedent: Conditions to be met before deferment takes effect when specific conditions must be met

Suggested Schedules

1. Original Loan Agreement: Copy of the original loan agreement being modified

2. New Payment Schedule: Updated schedule of payment dates and amounts

3. Financial Statement: Current financial position of borrower if relevant

4. Security Documents: Copies of any new security documents if applicable

Authors

Alex Denne

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

Relevant legal definitions























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Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements, including requirements for form and content of credit agreements and provisions for modification of credit agreements. Essential for consumer loans.

Financial Services and Markets Act 2000: Key regulatory framework for financial services in the UK, particularly relevant if the lender is a regulated entity. Sets out core requirements for financial service providers.

Unfair Contract Terms Act 1977: Legislation ensuring terms are fair and reasonable, with specific focus on limitations of exclusion clauses. Critical for ensuring enforceability of the agreement.

Consumer Rights Act 2015: Modern legislation focusing on consumer protection, ensuring fairness of terms and transparency requirements in consumer contracts including financial agreements.

FCA Regulations: Regulatory requirements including CONC (Consumer Credit sourcebook) rules, Treating Customers Fairly principles, and forbearance requirements for financial institutions.

Money Laundering Regulations 2017: Regulations governing due diligence requirements and record-keeping obligations in financial transactions to prevent money laundering.

Limitation Act 1980: Legislation setting time limits for enforcing loan agreements and defining the impact of deferment on limitation periods.

Data Protection Act 2018 & UK GDPR: Legislative framework for handling personal data, including privacy notices and consent requirements in financial agreements.

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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