Non Disturbance Agreement Template for Ireland

A Non Disturbance Agreement is essential protection for your commercial tenancy when your landlord's property is mortgaged or subject to other security interests. This tri-party contract ensures your lease rights survive even if your landlord defaults and the lender takes possession of the property.

When do you need this document?

You need a Non Disturbance Agreement when entering a commercial lease on mortgaged property, or when your landlord subsequently mortgages the premises you occupy. Banks and financial institutions typically require these agreements before approving commercial property loans where existing tenants are in place. The document becomes crucial during lease renewals if the property has been mortgaged since your original lease commenced. You should also consider requesting this protection when negotiating any significant commercial lease, as it provides security against future financing decisions by your landlord.

Key legal considerations

The agreement must clearly define each party's obligations and the circumstances triggering the non-disturbance provisions. Your lease terms should remain unchanged if the lender takes possession, including rent amount, lease duration, and renewal options. The document should specify that you'll receive proper notice of any changes in property ownership and establish direct communication channels with the new owner. Ensure the agreement covers your right to quiet enjoyment and that any improvements or modifications you've made are protected. The lender's covenant not to disturb your tenancy must be absolute, not conditional on factors like rent payments to the original landlord.

Legal requirements in Ireland

Under the Land and Conveyancing Law Reform Act 2009, the agreement must be properly executed by all parties and may require registration depending on the property's title registration status. The Registration of Title Act 1964 governs how these agreements are recorded against registered property titles. If any party is a company, execution must comply with the Companies Act 2014 requirements for valid corporate signatures. The Landlord and Tenant (Amendment) Act 1980 provides the framework for commercial lease protections that the Non Disturbance Agreement builds upon. All parties should have independent legal representation, and the document should be witnessed according to Irish execution requirements for property-related agreements.