The Attornment And Non-Disturbance Agreement is a crucial document in Pakistani real estate and financing transactions where property is both leased and mortgaged. It becomes necessary when a property owner (landlord) has both tenants occupying their property and a mortgage with a lender. The agreement serves to balance the interests of all three parties by ensuring that: (1) the tenant's lease rights are protected even if the landlord defaults on their mortgage, (2) the lender's security interest is preserved, and (3) the landlord can effectively manage their property while meeting both lease and mortgage obligations. This type of agreement is particularly important in commercial property transactions in Pakistan, where it provides certainty and protection for all parties involved. The document must comply with Pakistani contract law, property law, and registration requirements to be legally enforceable.
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1. Parties: Identifies all parties to the agreement: Landlord, Tenant, and Lender
2. Background: Recitals explaining the lease arrangement, mortgage/financing, and need for this agreement
3. Definitions: Defines key terms used throughout the agreement including Property, Lease, Mortgage, Default, etc.
4. Attornment: Tenant's agreement to recognize Lender as landlord upon foreclosure or other enforcement
5. Non-Disturbance: Lender's commitment not to disturb tenant's possession if tenant is not in default
6. Representations and Warranties: Each party's confirmations regarding their authority, lease status, and other key facts
7. Notice Requirements: Procedures for giving notices of defaults, enforcement actions, or other significant events
8. Term and Termination: Duration of the agreement and circumstances under which it may terminate
9. Governing Law and Jurisdiction: Specifies Pakistani law as governing law and relevant jurisdiction for disputes
1. Subordination: Include if the agreement also subordinates the lease to the mortgage - making it a full SNDA
2. Rent Payment Provisions: Include if specific arrangements for rent payment to lender after enforcement are needed
3. Mortgage Modifications: Include if parties want to address future modifications to the mortgage
4. Insurance and Casualty: Include if specific arrangements regarding insurance proceeds or casualty events are needed
5. Assignment and Subletting: Include if there are specific restrictions or requirements for tenant transfers
1. Schedule 1 - Property Description: Legal description of the mortgaged property
2. Schedule 2 - Lease Details: Key details of the lease including date, parties, and any amendments
3. Schedule 3 - Mortgage Details: Details of the mortgage/charge including date, amount, and registration
4. Appendix A - Notice Details: Contact information and addresses for service of notices
5. Appendix B - Special Conditions: Any property-specific or relationship-specific conditions
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