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Attornment And Non Disturbance Agreement

Attornment And Non Disturbance Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Attornment And Non Disturbance Agreement

"I need an Attornment and Non-Disturbance Agreement under Hong Kong law for a shopping mall property where DBS Bank is the mortgagee, with 15 retail tenants needing protection, to be completed by March 2025."

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Document background
The Attornment And Non-Disturbance Agreement is a specialized real estate document used in Hong Kong when a property that is (or will be) subject to a mortgage also has (or will have) a tenant. The agreement serves multiple purposes: it protects the tenant's right to continue occupying the property even if the mortgage is enforced, ensures the lender's security interest is preserved, and establishes the tenant's obligation to recognize the lender as their landlord in case of mortgage enforcement. This type of agreement is particularly important in commercial real estate transactions in Hong Kong, where properties often have both mortgage financing and valuable lease arrangements. The document needs to comply with Hong Kong property law requirements and typically includes specific provisions about the rights and obligations of all parties involved, notice requirements, and the priority of interests in the property.
Suggested Sections

1. Parties: Identifies all parties to the agreement: typically the landlord, tenant, and lender/mortgagee

2. Background: Recites the existing lease arrangement, mortgage details, and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement, including Property, Lease, Mortgage, etc.

4. Attornment: Tenant's acknowledgment and agreement to attorn to the lender if the lender takes possession of the property

5. Non-Disturbance: Lender's covenant not to disturb tenant's possession of the property upon enforcement of the mortgage

6. Subordination: Establishes the priority relationship between the lease and the mortgage

7. Representations and Warranties: Each party's confirmations regarding their authority and the status of the lease/mortgage

8. Notice Requirements: Procedures for giving notices under the agreement

9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction

Optional Sections

1. Further Assurance: Obligation to execute additional documents if needed - include when complex property arrangements exist

2. Assignment: Restrictions on assignment of rights under the agreement - include when parties want to restrict transferability

3. Costs: Allocation of costs for preparing and executing the agreement - include when costs need to be specially addressed

4. Direct Covenants: Direct contractual relationship between lender and tenant - include when stronger rights enforcement is needed

5. Security Deposit Provisions: Handling of security deposits upon mortgage enforcement - include when there are security deposits

6. Insurance Requirements: Specific insurance obligations - include when insurance arrangements need coordination between parties

Suggested Schedules

1. Property Description: Detailed legal description of the property including lot numbers and boundaries

2. Lease Details: Key terms of the existing lease including date, parties, and any modifications

3. Mortgage Details: Particulars of the mortgage including date, parties, and registration details

4. Form of Notice: Prescribed format for notices under the agreement

5. Authorized Signatories: List of authorized signatories for each party if required

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Banking and Finance

Commercial Property

Retail

Hospitality

Office Space

Industrial and Logistics

Healthcare Facilities

Education Facilities

Relevant Teams

Legal

Real Estate

Property Management

Commercial Lending

Risk and Compliance

Asset Management

Facilities Management

Operations

Finance

Relevant Roles

Real Estate Lawyer

Property Manager

Commercial Lending Officer

Real Estate Investment Manager

Lease Administrator

Legal Counsel

Property Development Manager

Asset Manager

Commercial Property Agent

Risk Manager

Facilities Manager

Industries
Conveyancing and Property Ordinance (Cap. 219): Primary legislation governing real estate transactions and property rights in Hong Kong, including the creation and transfer of interests in land
Land Registration Ordinance (Cap. 128): Governs the registration of instruments affecting land and provides the framework for recording property interests and priorities
Landlord and Tenant (Consolidation) Ordinance (Cap. 7): Regulates the relationship between landlords and tenants, including provisions for security of tenure and rent control
Banking Ordinance (Cap. 155): Relevant for mortgage provisions and banking security interests in property that may be affected by the ANDA
Law of Contract Ordinance: Governs the formation, validity, and enforcement of contracts in Hong Kong, including principles derived from common law
Law of Property Amendment Act 1859: Adopted from English law, provides foundational principles for property law in Hong Kong, particularly regarding covenants running with land
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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