Deed Of Attornment Template for England and Wales

A Deed of Attornment is a crucial legal document that you'll need when there's a change in property ownership, ensuring your tenancy rights are protected and obligations clearly defined. This formal agreement creates a direct landlord-tenant relationship between you and the new property owner, replacing your previous arrangement with the original landlord.

When do you need this document?

You'll typically require a Deed of Attornment when your landlord sells the property, transfers ownership to another entity, or when a lender takes possession following mortgage default. Commercial tenants often encounter this during corporate restructuring, property investment transfers, or when buildings change hands between property companies. The document is also essential when a lease is assigned to a new landlord as part of a larger business acquisition or when financial institutions require security over rental income streams.

Key legal considerations

The deed must clearly identify all parties including yourself as tenant, the original landlord, new landlord, and any guarantors involved in the arrangement. It should confirm that your existing lease terms remain unchanged, including rent amounts, payment dates, repair obligations, and termination clauses. Pay particular attention to any variations in payment methods or addresses, as these may affect your legal obligations. The document should also address the transfer of any deposits or security held by the original landlord and confirm whether existing guarantees continue under the new arrangement. Ensure the deed includes proper execution clauses and that all parties sign in the presence of witnesses where required by law.

Legal requirements in England and Wales

Under the Law of Property Act 1925, the deed must be properly executed as a legal document, typically requiring signatures from all parties and witnessing where appropriate. The Law of Property (Miscellaneous Provisions) Act 1989 sets out specific requirements for deed execution, including clear identification that the document is intended to be a deed. The Landlord and Tenant (Covenants) Act 1995 governs how landlord and tenant obligations transfer to new parties, ensuring you're not unfairly burdened with additional responsibilities. Your new landlord must provide proper notice of the change in accordance with the Landlord and Tenant Act 1927, and any existing guarantors may need to consent to the transfer. The deed should comply with Land Registry requirements if the property is registered, ensuring the change in landlord interest is properly recorded.