Novation agreement: transfer debt to new debtor
Transfer a debt obligation from one party to another with the creditor's permission, for example when restructuring debt or when selling a business and its obligations. This is an easy to use, effective novation agreement.
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About this novation agreement
Use this novation agreement to transfer a debt obligation from one party to another (i.e. change who will repay the debt). Common uses are when a business is sold and the purchaser takes on the liabilities of the seller, or when restructuring debt (a third party buys the obligation to repay a loan and interest).
A common misconception is that a novation of a debt is a cancellation of old debt in exchange for issuance of new. Instead, novation just changes the parties to the original contract and doesn’t create a new contract. In most cases, novation is an easier option than cancelling and drawing new agreements.
This is a simple yet comprehensive agreement that can be used to novate any debt, usually with only minimal editing.
The consent of all three parties - the transferee, the transferor and the other contracting party - is required to effect any novation. Unless you specifically require the consent of the other contracting party (perhaps because your contract has a non-assignment clause), our assignment agreement may be an even simpler way of transferring your contract to someone else.
Why not a deed of novation?
We have a longer article titled Deeds: clearing the confusion on what a deed is, when to use one and why that explains why a deed of novation is unlikely to be required in practice.
To summarise the article, the deed format is used where one party to a contract receives no consideration. However, a novation is invariably "for value", and as such, a deed of novation confers little additional advantage.
In the unlikely event that a party agrees to novation out of pure kindness, the consideration can be entered as “one pound”, or a "peppercorn". The sum does not need to have any relation to the value of the debt being novated.
When to use this novation agreement
This document can be used to transfer any loan or debt to an individual or company provided that the creditor agrees to the transfer.
You should use this novation agreement, rather than an assignment agreement if all parties to the contract will agree to the change and sign the contract. Its usually easier just to get the transferring parties to sign an assignment agreement, but some contracts have non-assignment clauses that mean that novation is the only valid way of transferring the contract to someone else. If in doubt, use this agreement and obtain consent from all involved.
Changing who will receive the debt repayments
If you want to transfer the debt to another creditor (i.e. change who will receive the repayments), then the following novation agreement will be more suitable:
Agreement features and contents
- Suitable when either party is resident outside the UK;
- Ensures a legal transfer as it is drawn as an agreement between all parties;
- Comprehensive provisions provide ideas for you to mould.
The agreement contains the following sections:
- Details of the parties;
- Indemintity to protect both parties from loss, damage or legal liability once the contract is transferred;
- The novation;
- Existing claims: sets out how outstanding claims against the transferor will be dealt with;
- Costs: identifies who will bear costs incurred to date;
- Other usual legal provisions in plain English.
This document was written by a solicitor for Net Lawman. It complies with current English law.
What other customers thought
Average customer rating
By Olivier Peyran 25 April 2017
As far as I can tell the document is very good, but I am not a lawyer. I can say that it does exactly what I needed, which is transfer debt obligation to new debtor with agreement of creditor (as opposed to loan transfer agreement, which transfer the rights of a creditor to a new creditor)
I can tell however that the service is excellent. The document is not merely a template; it is a form, where the parts that need modifications are highlighted, along with notes to indicate which and why, and also what part should not be modified and why. There are also examples of typical additions, such as claim, etc. Finally, the document comes with a general "Guide to edit Legal Documents".
By PRASHANT HALDIPUR 01 May 2013
The document was excellent.
By Paul Johnston 02 February 2016
The document was clear and easy to follow.
It seemed a bit long winded, but perhaps that was because my clients circumstances were very straight forward.
By Oleksiy Tsvigun 22 August 2013
Please introduce subscription plan. Documents shall be cheaper!
Net Lawman responds 23 August 2013
A subscription service is for marketers. We are lawyers. Most people might pay £500 for a subscription, then use only one or two documents.
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