A Non-Disturbance Agreement becomes necessary when a commercial property is both mortgaged and leased. Under English and Welsh law, without such an agreement, a tenant's lease could be at risk if the property is foreclosed upon. The agreement typically includes provisions protecting the tenant's occupancy rights, the lender's security interest, and the landlord's ongoing obligations. It's particularly crucial in commercial real estate transactions where tenants have made significant investments in their leased premises or require long-term security of tenure. The Non Disturbance Agreement provides certainty to all parties about their respective rights and obligations in the event of a default scenario.
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1. Parties: Identification of all parties (typically landlord, tenant, and lender)
2. Background: Context of the agreement including details of lease and mortgage
3. Definitions: Key terms used throughout the agreement
4. Non-Disturbance Provisions: Core provisions protecting tenant's rights in the event of enforcement of security
5. Attornment: Tenant's acknowledgment of lender as landlord in case of foreclosure
6. Execution: Signature blocks and execution provisions
1. Notice Provisions: Details of how notices should be served between parties - include when specific notice requirements are needed
2. Insurance Requirements: Specific insurance obligations - include when additional insurance requirements need to be specified
3. Assignment Provisions: Rules regarding transfer of rights - include when assignment rights need to be specifically addressed
1. Schedule 1 - Property Description: Detailed description of the property including its legal description and address
2. Schedule 2 - Lease Details: Key terms of the underlying lease including date, parties, and key provisions
3. Schedule 3 - Mortgage Details: Key terms of the underlying mortgage or charge
4. Appendix A - Plans: Property plans and drawings showing the extent of the property
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