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Non Disturbance Agreement

Non Disturbance Agreement Template for Pakistan

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Key Requirements PROMPT example:

Non Disturbance Agreement

"I need a Non Disturbance Agreement for a shopping mall in Lahore, where I am the property owner seeking a mortgage from United Bank Limited, with 15 existing retail tenants who need protection; the mortgage will commence on March 1, 2025."

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Document background
The Non-Disturbance Agreement serves as a critical instrument in Pakistani commercial real estate transactions where property is both mortgaged and leased. It becomes particularly relevant when a property owner has obtained financing secured by a mortgage on their property and simultaneously leases or intends to lease the property to tenants. The agreement protects the interests of all parties by ensuring the continuation of the lease even if the property ownership changes due to foreclosure. This document, governed by Pakistani law, typically includes provisions about the recognition of the lease, the lender's rights and obligations, and the tenant's continued right of possession. It's essential for maintaining stable commercial tenancies and protecting investment value in financed properties.
Suggested Sections

1. Parties: Identification of all parties to the agreement: Landlord, Tenant, and Lender/Mortgagee, including their full legal names and addresses

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

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

4. Non-Disturbance Covenants: Core provisions ensuring the tenant's right to continue occupying the property under the original lease terms, even if the mortgage is foreclosed

5. Recognition of Lease: Lender's acknowledgment of the lease and agreement to be bound by landlord obligations in case of foreclosure

6. Tenant's Obligations: Confirmation of tenant's obligations to continue performing under the lease and pay rent

7. Notice Requirements: Procedures for serving notices between parties and requirements for notification of defaults

8. Term and Termination: Duration of the agreement and circumstances under which it may terminate

9. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Subordination Provisions: Include when the agreement is also meant to subordinate the lease to the mortgage (making it a full SNDA)

2. Attornment Provisions: Include when requiring the tenant to recognize the lender or its successor as the new landlord following foreclosure

3. Insurance and Casualty: Include when specific arrangements regarding insurance proceeds or casualty restoration need to be addressed

4. Assignment and Subletting: Include when there are specific restrictions or requirements regarding the tenant's right to assign or sublease

5. Dispute Resolution: Include when parties want to specify alternative dispute resolution mechanisms like arbitration

6. Force Majeure: Include when parties want to address extraordinary circumstances that might affect performance

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property including cadastral details and boundaries

2. Schedule 2 - Lease Details: Key terms of the existing lease agreement including date, parties, and essential provisions

3. Schedule 3 - Mortgage Details: Details of the mortgage/financing arrangement including date, amount, and key terms

4. Appendix A - Form of Notice: Standard format for notices to be served under the agreement

5. Appendix B - Registration Requirements: Checklist of registration and stamp duty requirements under Pakistani law

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

Retail

Commercial Property

Industrial & Manufacturing

Hospitality

Office Space Management

Shopping Centers & Malls

Logistics & Warehousing

Relevant Teams

Legal

Real Estate

Property Management

Finance

Risk Management

Commercial Leasing

Asset Management

Facilities Management

Corporate Services

Business Development

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Commercial Lease Manager

Banking Relationship Manager

Real Estate Finance Manager

Tenant Relations Manager

Asset Manager

Corporate Counsel

Property Development Manager

Facilities Manager

Risk Manager

Commercial Property Analyst

Industries
Contract Act 1872: The fundamental law governing contract formation, validity, and enforcement in Pakistan. It sets out essential requirements for legal agreements including offer, acceptance, consideration, and capacity to contract.
Registration Act 1908: Governs the registration of documents relating to immovable property. Non-Disturbance Agreements often need to be registered under this Act to ensure enforceability.
Stamp Act 1899: Requires proper stamping of agreements related to property and legal documents. Determines the stamp duty payable on Non-Disturbance Agreements.
Transfer of Property Act 1882: Governs the transfer and leasing of property, including provisions related to mortgages and leases which are crucial for Non-Disturbance Agreements.
Banking Companies Ordinance 1962: Relevant when a bank is involved as a mortgagee in the Non-Disturbance Agreement, governing their rights and obligations in property-related transactions.
Specific Relief Act 1877: Provides remedies in case of breach of contract and determines enforceability of specific performance, which is crucial for Non-Disturbance Agreements.
Financial Institutions (Recovery of Finances) Ordinance 2001: Relevant when financial institutions are involved, governing their rights in securing and recovering their interests in mortgaged properties.
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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