TENANCY AGREEMENT
THIS AGREEMENT is made
the day
of
Two thousand and eight BETWEEN xxxxxxxxxxxxxxxxxxxxxxx of
care of Post Office Box Number xxxxxxxxxx-00100 Nairobi in the Republic of
Kenya and xxxxxxxxxxxxxxxxxxxxxxx of P. O. Box 22537 Nairobi.
WHEREAS
a) xxxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxxxxxxxxx both of care of
P. O. Box xxxxxxxxxxxxxx-00100 Nairobi are the executors of the estate of the
late xxxxxxxxxxxxxxxxxxx who until her
death was the owner of all that the residential premises known as Flat Number 9
(hereinafter called “the Flat”) erected on Land Reference Number xxxxxxxxxxxxxx.
b) xxxxxxxxxxxx and xxxxxxxxxxxxxxxxxxx,
have consented to xxxxxxxxxxxxxxxx dealing with the Flat . The said xxxxxxxxxxxxxxxxx
by virtue of the authority vested in her by the said executors is hereinafter
called (The Landlord)
WHEREBY in consideration of the
monthly rent of Kenya Shillings Twenty-two thousand (Kshs.22,000/=) payable
monthly in advance clear of all deductions the Landlord DOTH HEREBY LEASE
unto the Tenant the Flat together with the fittings and fixtures thereto more
particularly described in the schedule TO BE HELD by the Tenant from 1st
March 2008 SUBJECT to the following terms and conditions:
1.
The
Tenant hereby covenant and undertakes:
a)
To pay the rent hereby reserved in
advance on or before the 6th day of each month whether demanded or
not and clear of any deductions whatsoever PROVIDED that if any rent shall
remain outstanding for Seven (7) days after it falls due then without prejudice
to any other rights the Landlord may re-enter the Flat and obtain vacant
possession;
b) To
pay to the Landlord before the signing of this Agreement a deposit of Kenya
Shillings Twenty-two thousand (Kshs.22, 000/=) (receipt of which is hereby
acknowledged) which amount is refundable should the Tenant leave the house in a
tenantable state.
c) To
pay all outgoings and utility charges in respect of the Flat including, but not
limited to, water and electricity charges;
d) To
make good any damage done to the Flat caused by the Tenant, his family,
servants, agents, guests or invitees;
e) To
keep the interior of the Flat in good repair and condition and to yield up the
same in the same condition as it was at the date of this Agreement subject to
fair wear and tear;
f) To
use the Flat as a private dwelling house only and not to do or carry on or
permit to be carried on any trade or business of any kind whatsoever;
g)
Not to assign transfer sublet or
part with possession of the Flat or any part thereof without the prior written
consent of the Landlord;
h)
Not to do permit or suffer anything
to be done or omitted to be done in respect of the Flat which may at any time
become a nuisance or annoyance to the occupiers of other flats or neighbouring
property or which is detrimental to the reputation of the Landlord;
j) To permit the Landlord and all persons
authorized by him at all reasonable times to enter the said premises to examine
the condition thereof and/ or to do repairs.
2.
The
Landlord hereby covenants and undertakes that if the Tenant fulfills all his obligations
under this Agreement the Tenant shall enjoy quiet possession of the Flat;
3.
A
full inventory of the fittings and fixtures shall be taken at the time of
handing over possession by the Landlord to the Tenant and on termination of
this agreement the Tenant to the Landlord.
The Tenant shall be liable to reimburse the Landlord for any loss
(except normal wear and tear) with respect to the said furnishings and
fixtures.
4.
Either
party may terminate this tenancy by giving One month’s notice of the intention
to do so.
5.
Any
notice provided for in this Agreement may be sent under certificate of posting
to the receiving party at the address hereinbefore written and shall be deemed
to be duly served Seven (7) days after the date of posting or may be personally
served.
IN WITNESS WHEREOF the parties have set their
hands the year and the date hereinbefore written.
SIGNED
by the Landlord the said )
xxxxxxxxxxxxxxxxxxx on behalf of )
the
said xxxxxxxxxxxxxxxxxxxxxx )
and
the said xxxxxxxxxxxxxxxxxxxxxx )
in
the presence of: )
)
)
SIGNED
by the Tenant the said )
xxxxxxxxxxxxxxxxxxxxxxxx )
in the presence of:
Drawn
by:
xxxxxxxxxx
& Co
Advocates
P
O Box xxxxxxxxx
NAIROBI
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