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Attornment And Non Disturbance Agreement

Attornment And Non Disturbance Agreement Template for Singapore

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Key Requirements PROMPT example:

Attornment And Non Disturbance Agreement

"Need an Attornment And Non Disturbance Agreement for our Singapore office building at 123 Marina Way, where DBS Bank is the lender and TechGlobal Pte Ltd is our primary tenant with a 10-year lease starting March 2025."

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Document background
An Attornment And Non-Disturbance Agreement is crucial in Singapore commercial property transactions where mortgaged properties are leased to tenants. This agreement serves three primary purposes: it subordinates the tenant's rights to the lender's mortgage, ensures the tenant's peaceful possession continues even if the landlord defaults, and establishes the tenant's obligation to recognize a new owner as landlord. Under Singapore law, this agreement provides essential protection for all parties, particularly in securing financing while maintaining stable tenancies. It's commonly used in commercial property developments, shopping centers, and office buildings where long-term leases are involved.
Suggested Sections

1. Parties: Identifies all parties to the agreement (typically landlord, tenant, and lender)

2. Background: Recitals explaining the existing lease, mortgage, and relationships between parties

3. Definitions: Key terms used throughout the agreement

4. Subordination Provisions: Terms regarding the priority of interests between mortgage and lease

5. Non-Disturbance Provisions: Lender's commitment to not terminate lease upon foreclosure

6. Attornment Provisions: Tenant's agreement to recognize new owner as landlord

7. Notice Requirements: Procedures for serving notices between parties

8. Governing Law: Specification of Singapore law as governing law

Optional Sections

1. Estoppel Certificates: Tenant's confirmation of lease terms and status - used when lender requires additional confirmation of lease status

2. Insurance Provisions: Special insurance requirements - used when specific insurance arrangements are needed between parties

3. Direct Payment Provisions: Terms for tenant to pay rent directly to lender - used in cases of default or special payment arrangements

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property

2. Schedule 2 - Lease Details: Summary of key lease terms and dates

3. Schedule 3 - Mortgage Details: Summary of mortgage terms and registration

4. Appendix A - Form of Notice: Template for notices under the agreement

5. Appendix B - Property Plans: Relevant property plans and drawings

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Civil Law Act (Cap. 43): Primary legislation governing civil law matters in Singapore, providing fundamental legal framework for contracts and civil obligations

Conveyancing and Law of Property Act (Cap. 61): Key legislation governing property transactions and interests in land in Singapore

Land Titles Act (Cap. 157): Legislation governing the registration and transfer of land titles in Singapore

Registration of Deeds Act (Cap. 269): Legislation governing the registration of deeds and other instruments affecting land

Common Law Principles - Landlord-Tenant: Fundamental principles governing the relationship between landlords and tenants under Singapore common law

Priority of Interests Rules: Legal rules determining the priority of different interests in land and property

Privity Principles: Legal principles regarding privity of contract and estate in property relationships

Singapore Contract Law: Basic contract law principles including formation, validity, and interpretation under Singapore law

BCA Regulations: Building and Construction Authority regulations affecting property development and management

URA Guidelines: Urban Redevelopment Authority guidelines affecting property use and development

Building Control Act: Legislation governing building works and construction standards in Singapore

Building Maintenance and Strata Management Act: Legislation governing management of strata properties and common property

Companies Act: Relevant provisions affecting corporate entities in property transactions

Singapore Land Authority Requirements: Registration and compliance requirements set by the Singapore Land Authority

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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