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Non Disturbance Agreement

Non Disturbance Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Non Disturbance Agreement

"I need a Non Disturbance Agreement for a multi-tenant retail property in Tsim Sha Tsui, Hong Kong, where the landlord is refinancing with HSBC Bank, and we need to ensure all existing retail tenants' rights are protected under the new mortgage arrangement."

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Document background
A Non-Disturbance Agreement is essential in Hong Kong's commercial real estate landscape where property financing and tenant protection intersect. This document becomes relevant when a property owner seeks to mortgage a property that already has tenants, or when new tenants are entering into a lease of mortgaged property. The agreement ensures that tenants' rights are protected if the landlord defaults on their mortgage, while also providing lenders with certain rights and assurances regarding the property and lease arrangements. Under Hong Kong law, the Non-Disturbance Agreement typically includes provisions for attornment, recognition of lease terms, and specific procedures for various scenarios such as foreclosure or property sale. It's particularly crucial in Hong Kong's competitive real estate market, where both institutional lenders and commercial tenants require robust legal protection for their respective interests.
Suggested Sections

1. Parties: Identification of all parties: Landlord, Tenant, and Lender (Mortgagee)

2. Background: Recitals explaining the existing lease arrangement, mortgage, and purpose of the agreement

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

4. Non-Disturbance Covenant: Core provision where lender agrees not to disturb tenant's possession upon landlord default or foreclosure

5. Recognition of Lease: Lender's acknowledgment of the lease and agreement to honor its terms

6. Attornment: Tenant's agreement to recognize lender as successor landlord in case of foreclosure

7. Rent Payment Provisions: Specifications for rent payment procedures, especially after a default event

8. Notice Requirements: Procedures for serving notices between parties

9. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction

10. Execution: Signature blocks and execution formalities for all parties

Optional Sections

1. Subordination: Include when the lease needs to be subordinated to the mortgage, making it a full Subordination, Non-Disturbance and Attornment Agreement (SNDA)

2. Lender's Rights to Cure: Include when giving lender the right to cure landlord defaults under the lease

3. Modification Restrictions: Include when parties want to restrict lease modifications without lender consent

4. Insurance and Condemnation Proceeds: Include when specifying rights to insurance proceeds and condemnation awards

5. Assignment and Subletting Provisions: Include when there are specific restrictions or requirements for assignment or subletting

6. Estoppel Provisions: Include when parties want to confirm certain facts about the lease relationship

7. Security Deposit Provisions: Include when addressing the handling of security deposits after foreclosure

Suggested Schedules

1. Property Description: Detailed legal description of the property including address and lot number

2. Lease Details: Summary or copy of the key lease terms and any amendments

3. Mortgage Details: Summary of the relevant mortgage or facility agreement details

4. Authorized Signatories: List of authorized signatories for each party if corporate entities are involved

5. Special Conditions: Any special conditions or requirements specific to the property or arrangement

6. Notice Details: Contact information and addresses for service of notices for all parties

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 & Finance

Commercial Property

Retail

Office Space

Industrial & Logistics

Hospitality

Healthcare

Education

Relevant Teams

Legal

Real Estate

Property Management

Commercial

Risk & Compliance

Finance

Operations

Asset Management

Leasing

Investment

Relevant Roles

Real Estate Lawyer

Property Manager

Commercial Lease Manager

Banking & Finance Lawyer

Real Estate Investment Manager

Facility Manager

Legal Counsel

Commercial Director

Property Development Manager

Asset Manager

Leasing Manager

Risk Manager

Commercial Property Agent

Mortgage Officer

Industries
Conveyancing and Property Ordinance (Cap. 219): Fundamental legislation governing real property transactions and interests in land in Hong Kong, including provisions for mortgages and leases
Land Registration Ordinance (Cap. 128): Governs the registration of interests in land and provides the framework for priority of interests, which is crucial for non-disturbance arrangements
Landlord and Tenant (Consolidation) Ordinance (Cap. 7): Regulates the relationship between landlords and tenants, including provisions affecting security of tenure and enforcement of leases
Contract Law (as per Common Law): Governs the formation and enforcement of contracts, including principles of offer, acceptance, consideration, and contractual obligations
Companies Ordinance (Cap. 622): Relevant when any party to the agreement is a company, governing corporate capacity and execution requirements
Property Law (as per Common Law): Common law principles governing property rights, easements, and covenants that run with the land
Stamp Duty Ordinance (Cap. 117): Governs the stamp duty requirements for documents relating to property transactions and 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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