Attornment in English real property law, is the acknowledgment of a new lord by the tenant on the alienation of land.
feudal legal The consent of a tenant to the transfer of his relationship to his landlord to another person.
Attornment is a legal term that refers to the act of a tenant acknowledging a new landlord or owner of a property and agreeing to pay rent or perform other obligations to the new landlord. This typically occurs when the ownership of a property is transferred or when a mortgage lender sells the property to a new owner. Attornment is often required to ensure that the new owner has the legal right to collect rent and enforce lease terms.
Expressed or implied consent to a transfer of right, such as where a tenant accepts to be a tenant of a new landlord by continuing to occupy the leased or rented property after its sale.
Attornment is a legal concept that refers to the act of a tenant recognizing a new landlord as their landlord, typically in the context of a transfer of property ownership. It is a common requirement in lease agreements, especially when the property is sold or transferred to a new owner. Attornment ensures that the tenant acknowledges the new landlord’s rights and obligations under the lease agreement. It also establishes a direct relationship between the tenant and the new landlord, allowing for the enforcement of lease terms and the collection of rent. Attornment can be either express, where the tenant explicitly acknowledges the new landlord, or implied, where the tenant’s actions demonstrate their recognition of the new landlord. Failure to attorn to a new landlord may result in a breach of the lease agreement and potential legal consequences for the tenant.
Attornment in English real property law is the acknowledgement of a new lord by the tenant on the alienation of land.
Under the feudal system, the relations of landlord and tenant were to a certain extent reciprocal. So it was considered unreasonable to the tenant to subject him to a new lord without his own approval, and it thus came about that alienation could not take place without the consent of the tenant. Attornment was also extended to all cases of lessees for life or for years. The necessity for attornment was abolished by an act of 1705.
Q: What is attornment?
A: Attornment is a legal term that refers to the act of a tenant recognizing a new landlord as their landlord, typically in the context of a property being sold or transferred.
Q: Why is attornment necessary?
A: Attornment is necessary to establish a legal relationship between a new landlord and a tenant. It ensures that the tenant acknowledges the new landlord’s rights and responsibilities, including the payment of rent and adherence to lease terms.
Q: When does attornment occur?
A: Attornment typically occurs when there is a change in ownership or control of a property, such as when a property is sold, foreclosed upon, or transferred through inheritance.
Q: Is attornment required in all property transfers?
A: Attornment is not always required in property transfers. It depends on the jurisdiction and the specific circumstances of the transfer. However, it is a common practice in many real estate transactions to ensure a smooth transition for both the new landlord and the tenant.
Q: What happens if a tenant refuses to attorn to a new landlord?
A: If a tenant refuses to attorn to a new landlord, it can create legal complications. The new landlord may have difficulty enforcing lease terms or collecting rent. In some cases, the tenant may be in breach of the lease agreement, which could lead to eviction proceedings.
Q: Can a tenant negotiate new lease terms during attornment?
A: Yes, attornment can provide an opportunity for the tenant to negotiate new lease terms with the new landlord. However, any changes to the lease agreement would need to be agreed upon by both parties and documented in a written agreement.
Q: Is attornment the same as subordination?
A: No, attornment is different from subordination. Attornment refers to the recognition of a new landlord by a tenant, while subordination refers to the prioritization of one party’s rights over another, typically in the context of a mortgage or lease agreement.
Q: Are there any legal requirements for attornment?
A: The legal requirements for attornment can vary depending on the jurisdiction and the specific circumstances. It is advisable to consult with a real estate attorney or seek legal advice to understand the specific requirements and implications of attornment in a particular situation.
Q: Can attornment be revoked or reversed?
A: Attornment can be revoked or reversed in certain situations, such as if there is a breach of the lease agreement by either party or if there are legal grounds to challenge
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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