TENANCY GREEMENT
_________________________________________________________________________
LANDLADY: NAME
P. O. Box
NAIROBI , KENYA .
MOBILE NO.
__________________________________________________________________________
TENANT: NAME
P. O. Box
, KENYA .
MOBILE NO.
___________________________________________________________________________
PROPERTY:
___________________________________________________________________________
LEASE TERM:
TWELVE MONTHS FROM THE DATE OF EXECUTING THE AGREEMENT
TENANCY AGREEMENT
1
THIS TENANCY AGREEMENT is made on the 26th day of January Two Thousand
and Twenty Four between JACINTA GATHIONGO of P.O BOX 497-00202
Nairobi in the Republic of Kenya(Hereinafter referred to as "the Landlady” which
expression shall where the context so admits include its successors and assigns) of
the one part AND SUNDAY JAMES LILY of Sudanese Passport number R00549177
(hereinafter referred to as "the Tenant” which expression shall where the context so
admits include his/her personal representatives and assigns) of the other part:
1. WHEREBY IT IS AGREED AS FOLLOWS:
A. The Landlady is registered as proprietor of all the property on House No.B02-1
Hereinafter referred to as “the premise”;
B. The Tenant includes all persons deriving title and interest under the Tenant
C. The Landlady has agreed with the Tenant to rent the Premises (hereinbefore more
particularly described) for the term of one year at the rent and subject to the
covenants agreement restrictions stipulations and provisions hereinafter contained;
D. The tenancy agreement shall be renewed at the sole discretion of the Landlady at
the expiry of the 12 months. The rent shall be increased annually at the rate of 5% of
the subsisting rent
2. THE TENANT COVENANTS TO DO AS FOLLOWS:-
a) The tenant shall at the execution of this agreement pay a total sum of
Kenya shillings Three hundred and thirty Thousand (Kshs. 330,000/=)
only to the Landlady’s Account details to be provided for from time to
time. The amount is made up as follows:-
i. Two months deposit amounting to Kenya shillings Two hundred and
twenty kenya shillings (Ksh. 220,000/=)only.
ii. One month rent amounting to Kenya shillings One hundred and te
Thousand Shillings Only(Kshs. 110,000/=) only.
b) It is hereby agreed that the Tenant shall thereafter pay the monthly rent in
advance to the Landlady’s Account ON/OR before the 5th of every month)
PROVIDED ALWAYS that the deposit paid shall not be applied to meet rent
arrears whatsoever.
c) The rent deposit shall be refunded to the tenant without interest at the expiry
of the lease on the settlement of all utility bills owed by him in respect of the
2
premises and subject to the tenant redecorating and restoring the premises to
its condition as at the time of the tenant’s entry such redecoration shall be to
the satisfaction of the Landlady.
d) To pay the rent hereby reserved on the day and in the manner aforesaid to the
Landlady’s bank account.
e) Where the Tenant continues to accumulate the arrears, the Landlady shall be
entitled to revoke the tenancy agreement and issue a notice of termination
immediately without giving the one months’ notice as indicated in clause 2.
f) The rent is inclusive of any utility or service charge bills.
g) To pay any deposits and/or charge for the opening/transfer of water,
electricity and accounts or the provision of other utilities in respect of the
demised premises.
(a) To use the premises as a private dwelling house for one single family unit and
for no other purpose whatsoever AND not to carry any form of business or
use the premises as a boarding house or for any other purpose without the
express written consent of the Landlady or the Landlady’s agent.
(b) Not to transfer, lease, sub-let, charge or part with the possession of the
premises or any part thereof without the express written consent of the
Landlady or the Landlady’s agent.
(c) The tenant shall be responsible for all normal running costs, repairs and
maintenance in connection with internal plumbing, and shall keep the interior
of all the buildings forming part of the premises including all the doors,
windows locks and keys and all water taps baths, showers, basins ,electric
light fittings and all other Landlady’s fixtures and fittings well and
sufficiently clean and in the same state of repair and condition as they were at
the commencement of the term hereby created (fair wear and tear excepted)
AND shall make good any damage to the premises that may be caused by the
Tenant his servants, licensees or invitees.
(d) The Tenant having inspected the demised premises confirms that the same is
in a good state of repair and she shall therefore maintain and keep the interior
of the demised premises including all doors, floor, ceilings, walls, window
3
glasses, locks fastenings, and keys and all water taps, baths, basins, internal
sanitary apparatus and also all electric light fittings, electric bells and other
Landlady’s fixtures therein in good and tenantable condition and in as good
state of decoration as the same are now in and should any of the said fixtures
become lost or destroyed or damaged during the existence of this agreement,
tenant shall repair or replace the same with articles of similar or close make
and quality.
(e) The Tenant shall pay for the replacement, repair, restoration and or make
good all such articles of fixtures and fittings as shall be broken, lost, damaged
or destroyed during the tenancy and replace all lost keys or locks shown on
the inventory attached hereto and marked schedule” A” which forms part of
this agreement.
(f) At the expiry or sooner termination of the lease to re-decorate the interior of
the premises with two coats of good quality paint so as to restore the premises
in the colour(s) and state as at the commencement of this agreement.
(g) Not to make any alterations in or additions to the premises or erect any
fixtures therein without the consent in writing of the Landlady first hand and
obtained AND subject to the Landlady’s requirements any such alterations
additions or erections shall be removed, restored or repaired by the Tenant at
the expiration or sooner determination of the term hereby created the Tenant
making good all damage occasioned by such removal restoration or repair;
(h) Not to drive any nail screws bolts or wedges in the floors, walls, ceilings of
any buildings forming part of the premises without the consent in writing of
the Landlady first had and obtained;
(i) Not to do or allow damage to be done on the demised property whereby any
insurance of the buildings forming part of the premises against loss or
damage by fire other normal comprehensive risks may become void or
voidable or whereby the rate of premium for any such insurance may be
increased AND to repay to the Landlady all sums paid by way of increased
premium and all expenses incurred by the Landlady in or about any renewal
of such policy rendered necessary by a breach of this covenant PROVIDED
ALWAYS that in the event of the premises or any part thereof being damaged
4
or destroyed by fire at any time during the lease hereby created and the
insurance moneys being withheld or partially irrecoverable by reason solely
or in part by any act, default or negligence on the part of the tenant, in every
such case the tenant will forthwith (in addition to the rent) pay to the
Landlady the whole or as the case may require the proportion of the cost of
completely rebuilding and reinstating the premises to its condition.
(j) Any dispute relating to the above mentioned clause shall be resolved with
the competent courts of Kenya.
(k) Not to permit or allow any damage to be done on the premises or allow
anything which shall be a nuisance to the person(s) for the time being owning
or occupying any adjoining or neighbouring properties;
(l) To permit and observe all the covenants, agreements, conditions, restrictions
stipulations and provisions affecting the premises and under which the same
are held AND NOT at any time to do, omit or suffer anything whereby the
superior title of the land hereby leased may be voided or forfeited AND at all
times to keep indemnified the Landlady from and against all actions,
proceedings, costs, damages, claims, demands and liability for, or in respect
of any breach which may be committed during the said term of any of the
said covenants agreements conditions restrictions stipulations and provisions;
(m) To permit the Landlady or his agents at all reasonable times of the day and on
reasonable notice during the said term with or without workmen or others to
enter upon the demised premises and view the state of repairs and conditions
thereof or to do such works and things as may be required for any repairs,
alterations, additions, improvements from or any part thereof of electricity or
water supply or drainage in or under any part of the demised premises AND
should any defects or repairs be found for which the tenant shall be liable to
make good under the covenant in that behalf herein contained, notice in
writing thereof shall be given to the tenant, the tenant will commence and
diligently proceed to make good the same in a proper manner within the
period of one week to the reasonable satisfaction of the Landlady AND
should the Tenant fail to make good the said defects or want of reparation
specified in the said notice then the Landlady shall be entitled to enter upon
5
the premises with his servants or agents and effect the said repairs and the
cost thereof shall be a debt due to the Landlady by the Tenant and be
forthwith recoverable.
(n) At all times during the one calendar months immediately preceding the
termination of the tenancy to permit the Landlady or his agents to affix upon
any part of the demised premises but so as to cause no inconvenience to the
tenant a notice for re-letting the same and during the same one month to
permit intending tenants and others with written authority from the
Landlady or his agents at reasonable times of the day and upon prior notice to
view the premises;
(o) To abide by all the Common Areas rules and regulations
(p) To use only electric or gas cookers and not to use firewood, charcoal, paraffin
or other fuel in the kitchen.
(q) No pets are allowed in the premises.
(r) On the expiration or sooner termination of the said term to yield up the
demised premises with the Landlady’s fixtures and additions thereto at the
termination of the tenancy in good and tenantable repair and with all locks
and keys and fastenings complete (fair wear and tear excepted) in accordance
with stipulations herein contained;
(s) Upon the expiration or sooner termination of the lease to transfer the water,
electricity accounts to the name of the Landlady or his order at the tenants’
expense.
3. THE LANDLADY HEREIN COVENANTS WITH THE TENANT AS
FOLLOWS:-
(a) If the rent hereby reserved or any part thereof shall remain unpaid for seven
days after becoming payable (whether legally demanded or not) or if any
covenants or part thereof shall not be performed or observed it shall be lawful
for the Landlady at any time thereafter to re-enter upon the said premises or
any part thereof in the name of the whole and there upon this tenancy shall
absolutely determine but without prejudice to the right of action by the
Landlady in respect of any breach of the tenancy covenants hereinbefore
contained PROVIDED ALWAYS that any legal auctioneers fees or other costs
6
incurred by the Landlady in seeking to redress the breach or recover rent
arrears shall be recoverable from the tenant.
(b) That the tenant performing and observing all the covenants contained herein
may quietly hold and enjoy the said premises during the said term without
any interruption by the Landlady, his agents or any person claiming through
her;
(c) Not to enter into or continue any negotiations, discussions, agreements or
understandings with other persons or entities with respect to such persons
entering into an Agreement with the Landlady for the same property rented
to the Tenant for the Term hereby created.
(d) To discharge all rents rates taxes assessments duties impositions and
outgoings whatsoever imposed or charged upon the Premises other than
those for which the Tenant is liable.
4. PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED
THAT:
(a) If any term or clause herein shall be found to be ambiguous, void or
inapplicable the same shall not in any way be interpreted as to render the rest
of the lease ambiguous, void or inapplicable.
(b) Remedies provided in this agreement may be applied singly or in
combination.
(c) Any notice under this Agreement shall be in writing and any notice to the
Tenant shall be sufficiently served if addressed to the Tenant and delivered to
the premises shall be sufficiently served if sent to him by registered post to his
last known address in Kenya and any notice sent by registered post shall be
deemed to have served four (4) days following the day on which it is posted.
(d) Either party may terminate the agreement by giving ONE (CALENDAR)
MONTH’S notice with or if at any time during the continuance of this lease,
the tenant shall for any reason intend to leave the said property he shall give
ONE (CALENDAR) MONTH’S notice or ONE calendar month’s rent in lieu
of notice;
7
(e) If upon the expiry of this lease the tenant shall desire a renewal, he/she shall
give the Landlady ONE MONTH’S clear notice in writing before the
expiration of the term hereby created of his desire and the Landlady may
agree to the renewal upon such terms as shall be agreed.
(f) In case of any dispute surrounding the agreement, the same shall be resolved
amicably and in the event that no solution will be found then the same shall
be referred to a Court with Competent Jurisdiction to hear and determine the
matter.
(g) This agreement shall is governed by the Laws of Kenya.
(h) Attached a copy of your ID and/or Passport and coloured photo.
IN WITNESS WHEREOF the Landlady and the tenant have hereunder set their
hands this ……….…….. day of …………………….. Two thousand and Twenty Four
SIGNED by the LANDLADY) …………………………………..
)
In the presence of :- )
I CERTIFY that I was present and saw the Landlady execute this Agreement:
___________________________________
Name and signature of person certifying)
SIGNED by the TENANT
……………………………………. ) …………………………………..
)
In the presence of :- )
)
I CERTIFY that I was present and saw the Tenant execute this Agreement:
___________________________________
Name and signature of person certifying )