A Subordination Attornment And Non Disturbance Agreement is crucial in commercial real estate transactions under English and Welsh law where property is both mortgaged and leased. The agreement serves three key purposes: it subordinates the lease to the mortgage, ensures the tenant recognizes the lender as landlord if the lender takes possession, and protects the tenant's lease rights during foreclosure. It's typically used when a property owner obtains financing while having existing tenants, or when new leases are created on mortgaged property. The document balances the interests of all parties and provides clarity on their respective rights and obligations under English property law.
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1. Parties: Identifies all parties: typically Landlord, Tenant, and Lender
2. Background: Recitals explaining the existing lease and loan arrangements
3. Definitions: Key terms used throughout the agreement
4. Subordination Provisions: Terms establishing priority between lease and mortgage/security interest
5. Attornment Provisions: Tenant's acknowledgment of lender as landlord upon enforcement
6. Non-Disturbance Provisions: Lender's commitment not to terminate lease upon enforcement
7. Execution: Formal execution blocks for all parties
1. Insurance Provisions: Additional terms regarding insurance requirements when specific insurance arrangements need to be documented
2. Notice Provisions: Specific requirements for serving notices when standard notice provisions need modification
3. Assignment Provisions: Terms regarding transfer of rights when specific assignment restrictions are required
1. Schedule 1 - Property Description: Detailed description of the property including title information
2. Schedule 2 - Lease Details: Key terms of the existing lease
3. Schedule 3 - Security Document Details: Details of the mortgage or other security interest
4. Appendix A - Plans: Property plans and drawings if relevant
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