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Subordination Attornment And Non Disturbance Agreement

Subordination Attornment And Non Disturbance Agreement Template for England and Wales

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Key Requirements PROMPT example:

Subordination Attornment And Non Disturbance Agreement

"I need a Subordination Attornment And Non Disturbance Agreement for a retail property in Manchester, where ABC Bank is providing financing to the landlord XYZ Properties Ltd, and we need to protect the existing tenancy of High Street Fashion Store Ltd starting from March 2025."

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Document background
A Subordination Attornment And Non Disturbance Agreement is crucial in commercial real estate transactions under English and Welsh law where property is both mortgaged and leased. The agreement serves three key purposes: it subordinates the lease to the mortgage, ensures the tenant recognizes the lender as landlord if the lender takes possession, and protects the tenant's lease rights during foreclosure. It's typically used when a property owner obtains financing while having existing tenants, or when new leases are created on mortgaged property. The document balances the interests of all parties and provides clarity on their respective rights and obligations under English property law.
Suggested Sections

1. Parties: Identifies all parties: typically Landlord, Tenant, and Lender

2. Background: Recitals explaining the existing lease and loan arrangements

3. Definitions: Key terms used throughout the agreement

4. Subordination Provisions: Terms establishing priority between lease and mortgage/security interest

5. Attornment Provisions: Tenant's acknowledgment of lender as landlord upon enforcement

6. Non-Disturbance Provisions: Lender's commitment not to terminate lease upon enforcement

7. Execution: Formal execution blocks for all parties

Optional Sections

1. Insurance Provisions: Additional terms regarding insurance requirements when specific insurance arrangements need to be documented

2. Notice Provisions: Specific requirements for serving notices when standard notice provisions need modification

3. Assignment Provisions: Terms regarding transfer of rights when specific assignment restrictions are required

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the property including title information

2. Schedule 2 - Lease Details: Key terms of the existing lease

3. Schedule 3 - Security Document Details: Details of the mortgage or other security interest

4. Appendix A - Plans: Property plans and drawings if relevant

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
Relevant legal definitions

























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Relevant Industries
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Relevant Roles
Industries

Law of Property Act 1925: Fundamental legislation governing real property law in England and Wales, particularly sections dealing with legal estates, mortgages, and priorities between competing interests in land

Land Registration Act 2002: Key legislation governing the registration of land interests and establishing priority rules for registered land in England and Wales

Landlord and Tenant Act 1954: Legislation governing business tenancies, including security of tenure provisions and regulations affecting commercial lease relationships

Doctrine of Priorities: Common law principle determining the order of precedence between competing interests in the same property

Privity of Contract and Estate: Common law principles governing the relationship and obligations between parties in property transactions

Equitable Interests Principles: Common law principles governing interests in property that are recognized and enforced by courts of equity

Companies Act 2006: Primary legislation governing company law in the UK, relevant when any parties to the agreement are corporations

Law of Property (Miscellaneous Provisions) Act 1989: Legislation setting out formal requirements for execution of deeds and contracts relating to land

HM Land Registry Requirements: Administrative and procedural requirements for registering interests in land and maintaining the land register

Financial Conduct Authority Regulations: Regulatory framework applicable when regulated lenders are involved in the transaction

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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