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Attornment Agreement

Attornment Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Attornment Agreement

"I need an Attornment Agreement for my Hong Kong commercial property at 123 Business Plaza, where ownership is transferring to New Fortune Development Ltd on March 1, 2025, with three existing retail tenants who need to acknowledge the new landlord."

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Document background
The Attornment Agreement serves as a critical legal instrument in Hong Kong's property market when ownership of a leased property changes hands. This document becomes necessary when a property is sold or transferred while subject to an existing lease, requiring formal acknowledgment of the new landlord-tenant relationship. The agreement ensures smooth transition of property rights and obligations, maintaining the integrity of the original lease while establishing the new landlord's authority. Typically used in commercial real estate transactions, the Attornment Agreement includes details of the original lease, the property transfer, and confirms the tenant's recognition of and attestation to the new landlord's rights. The document must comply with Hong Kong's legal framework, particularly the Conveyancing and Property Ordinance and related regulations governing property transactions.
Suggested Sections

1. Parties: Identification of the Original Landlord, New Landlord, and Tenant

2. Background: Recitals explaining the original lease arrangement, the transfer of property/interest, and the need for attornment

3. Definitions: Definitions of key terms including 'Original Lease', 'Property', 'Assignment Date', etc.

4. Attornment: Core provision where tenant acknowledges and attorns to the new landlord

5. Confirmation of Lease Terms: Confirmation that original lease terms remain unchanged and binding

6. Representations and Warranties: Basic representations about authority to enter agreement and validity of lease

7. Further Assurance: Obligation to execute further documents if necessary to give effect to the attornment

8. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction

9. Execution: Signature blocks for all parties

Optional Sections

1. Rent Direction: Instructions regarding payment of rent to new landlord - include if there are specific payment arrangements to be documented

2. Security Deposit Transfer: Provisions dealing with transfer of security deposit from original to new landlord - include if there is a security deposit

3. Outstanding Claims: Provisions addressing any existing claims or disputes - include if there are pending issues

4. Costs: Allocation of costs for preparing and executing the attornment - include if costs are to be shared or allocated specifically

5. Notices: Notice provisions including new contact details - include if different from original lease

6. Successors and Assigns: Standard binding clause - include for larger commercial properties

Suggested Schedules

1. Original Lease: Copy or details of the original lease agreement

2. Property Description: Detailed description of the leased property

3. Transfer Document: Details of the assignment or transfer document creating the need for attornment

4. Rent Payment Details: New rent payment instructions and bank details if applicable

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

Real Estate

Commercial Property

Retail

Banking and Finance

Healthcare

Hospitality

Industrial and Manufacturing

Professional Services

Education

Technology

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Operations

Compliance

Asset Management

Commercial

Company Secretarial

Risk Management

Relevant Roles

Legal Counsel

Property Manager

Real Estate Director

Facilities Manager

Commercial Director

Leasing Manager

Asset Manager

Property Operations Manager

Company Secretary

Compliance Officer

Chief Legal Officer

Real Estate Investment Manager

Tenant Relations Manager

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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