An Attornment And Non-Disturbance Agreement is crucial in Singapore commercial property transactions where mortgaged properties are leased to tenants. This agreement serves three primary purposes: it subordinates the tenant's rights to the lender's mortgage, ensures the tenant's peaceful possession continues even if the landlord defaults, and establishes the tenant's obligation to recognize a new owner as landlord. Under Singapore law, this agreement provides essential protection for all parties, particularly in securing financing while maintaining stable tenancies. It's commonly used in commercial property developments, shopping centers, and office buildings where long-term leases are involved.
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1. Parties: Identifies all parties to the agreement (typically landlord, tenant, and lender)
2. Background: Recitals explaining the existing lease, mortgage, and relationships between parties
3. Definitions: Key terms used throughout the agreement
4. Subordination Provisions: Terms regarding the priority of interests between mortgage and lease
5. Non-Disturbance Provisions: Lender's commitment to not terminate lease upon foreclosure
6. Attornment Provisions: Tenant's agreement to recognize new owner as landlord
7. Notice Requirements: Procedures for serving notices between parties
8. Governing Law: Specification of Singapore law as governing law
1. Estoppel Certificates: Tenant's confirmation of lease terms and status - used when lender requires additional confirmation of lease status
2. Insurance Provisions: Special insurance requirements - used when specific insurance arrangements are needed between parties
3. Direct Payment Provisions: Terms for tenant to pay rent directly to lender - used in cases of default or special payment arrangements
1. Schedule 1 - Property Details: Detailed description of the property
2. Schedule 2 - Lease Details: Summary of key lease terms and dates
3. Schedule 3 - Mortgage Details: Summary of mortgage terms and registration
4. Appendix A - Form of Notice: Template for notices under the agreement
5. Appendix B - Property Plans: Relevant property plans and drawings
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