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TENANCY AGREEMENT

DATED 201

FROM

MIKE MUSHO AGENG’O
(THE “LANDLORD”)

TO

DAASANACH CONSTRUCTION LIMITED
(THE “TENANT”)

IN RESPECT OF

PROPERTY LAND REFERENCE NUMBER 12494/40
(THE “PREMISES”)

Drawn By:

Sichangi Partners Advocates
National Head Office
Top Centre/SG21/ No.31/33,
Muthithi Road, Westlands
P.O.Box 33223-00600
NAIROBI
conveyance@sichangi.com
www.sichangi.com
(Our Ref: LHUD/IND/78/17)

20…....... stipulations and provisions hereinafter contained.. agreements.. BETWEEN:- 1... restrictions. 116790/1 and deposited in the Survey Records Office at Nairobi together with all the buildings... driveway.......... .... NOW THIS AGREEMENT WITNESSETH as follows:- 1.. fittings............. B....1655Ha) of a hectare or thereabouts and being Land Reference Number 12494/40 (Original Number 12494/2/7) which said piece of land is with the dimensions abuttals and boundaries thereof delineated shown and described in the Land Plan Survey Number 289156 annexed to the Certificate of Title registered in the Land Titles Registry at Nairobi as Number I.. Car Park and passages for the purposes only of egress from and ingress to the property) and areas provided.. The Premises : Comprises of the hereinbefore defined property inclusive of a mansionette and a guest house erected thereon (including all fixtures and fittings therein together with entrance halls. stairs landing.... The Tenant : Includes the persons deriving title under the Tenant. fixtures.day of ……………..R.. a rent consideration and subject to the covenants ........Two Thousand and.... and 2... TENANCY AGREEMENT THIS AGREEMENT is made the ... DAASANACH CONSTRUCTION LIMITED of Post Office Box Number 78607-00507 Nairobi (hereinafter called the “Purchaser” which expression shall where the context so admits include its successors-in-title and assigns) of the other part. additions and improvements from time to time erected and being thereon... DEFINITIONS AND INTERPRETATION The Landlord : Includes the persons for the time being entitled in reservation expectant on the tenancy.. conditions. The Vendor is the registered proprietor as lessee from the Government of the Republic of Kenya of ALL THAT piece of land situate in the City of Nairobi in the Nairobi area containing by measurement Nought decimal one six five five (0....... agreed to rent the said premises to the Tenant herein for a term.. The Landlord has pursuant to an Agreement for Sale dated………... WHEREAS:- A.....day of. MIKE MUSHO AGENG’O of Post Office Box Number 55232-00200 Nairobi (hereinafter called the “Vendor” which expression shall where the context so admits include his personal representative and assigns) of the one part..

stipulations. the Landlord may demand an additional month’s deposit by giving the tenant one month’s notice. The Deposit or the balance thereof shall be repaid to the Tenant without interest at the expiry or sooner determination as hereinafter provided of the Term after payment by the Tenant of all sums then owing by the Tenant to the Landlord and the discharge by the Tenant of all obligations of the Tenant hereunder. Agreement 2.2 This Agreement incorporates the Letting Provisions detailed below. Letting Provisions The Tenant will: 3.. For good cause. 2.2 Pay to the Landlord and (maintain) a deposit equal to One (1) month rent and Service Charge (for the time being) to be held by the Landlord throughout the Term as security for the due performance by the Tenant of the covenants. restrictions.1 Pay the Rent together with the Service Charge in the manner specified above direct to the Landlord’s Bank Account. .1.- Account Name: MIKE MUSHO AGENG’O Bank: XXXXXXXXXXX Account Number: XXXXXXXXXXX Service Charge : Such amount as shall be determined by the Landlord payable in the same manner as the rent. to increase the deposit from One month (1) to two (2) months’ rent.day of ……….Thousand (Kshs………) only clear of any deductions whatsoever payable in one lump sum installment to the Landlord or the Landlord’s agent before execution hereof by direct credit to the landlord’s Bank Account as shown below (receipt of which is hereby acknowledged). The Rent : Kenya Shillings……….1.1 It is hereby agreed that the Landlord lets and the Tenant takes the Premises for a Term subject the terms and conditions of the Agreement for Sale.20…. (The “Agreement for Sale”) and shall remain in force until termination by either party as stipulated under clause 7. 3. agreements. 3. 2. and provisions herein contained and also to deposit such further sums of money throughout the said term as shall be necessary to ensure that the amount of the said deposit shall not at any time be less than one month’s rent payable from time to time as hereinbefore provided and reserved.The Term : This tenancy agreement shall be deemed to be for a Term subject to completion of the Agreement for Sale dated……….

1.1.3 Pay the respective deposits (if not already done) to the Kenya Power and Lighting Company Limited and the Nairobi City Council (if so desired by tenant) for the connection of electricity and water services respectively and thereafter pay for all electricity.12 On termination of the tenancy. and will replace with articles of a similar quality all items which shall be lost. broken or damaged during the tenancy. 3. in any other suitable place.11 Permit the Landlord or the Landlord’s Agent during the last two (2) months of the tenancy to exhibit. 3. during this period.9 Permit the Landlord or the Landlord’s Agents at any arranged time to enter the Premises to view the state and condition thereof.14 Not assign.7 Keep the interior of the buildings on the Premises including all fittings and fixtures in good repair and condition.1.5 Use the Premises in a tenant-like manner for a private residential dwelling only and not carry on or permit to be carried on the Premises any trade or business of any kind whatsoever.8 Cultivate the garden or growing plants (if any) of the Premises and keep the same in good order and condition and will not alter the established lay out of the same. 3. paint all those parts of the interior of the Premises as are usually painted with two coats of good paint and will grain. 3. 3. .3.1. varnish and colour all such parts as are usually so dealt with in a proper and workmanlike manner to the reasonable satisfaction of the Landlord or the Landlord’s Agents and in the same colour scheme as at the time of taking occupation. 3.1. underlet. charge or part with possession of the Premises (or any part thereof) without the prior written consent of the Landlord. 3.1.6 Not damage or injure the Premises or make any alteration in or addition to it (including boundary walls and any fences) and will not cut or remove any plants without the prior written consent of the Landlord. water and conservancy which shall be consumed on or supplied to the Premises during the tenancy and pay all charges made for the use of the telephone (if any) on the Premises during the tenancy and. which consent shall be entirely at the Landlords discretion.10 Timeously execute all repairs for which the Tenant is liable at all times without demand or notice by the Landlord and shall do so in accordance with any notice given by the Landlord or the Landlord’s Agents after inspection of the Property as aforesaid.1.13 Make periodic inspections of the Premises and report immediately in writing to the Landlord any apparent defects in the structure of the Premises and any signs of ants.. 3. bees. will allow all persons holding an order to view the Premises. 3.1.1. and not to allow an excessive number of people in the premises which would exceed a reasonable number of occupants for similar dwelling houses. 3. 3. fair wear and tear excepted. a notice advertising the Premises as being let and.1.1.4 Not to overload any electricity supply or equipment. termites or any other destructive insects or any signs of wet or dry rot.1. will give copies of paid up bills for all these services to the Landlord every three (3) months.

equipment. 3. 3.15 Not to do or suffer to be done on the Premises anything which may be or become a nuisance or annoyance to the Landlord or the tenants or occupiers of any adjoining premises or which may vitiate any insurance of the Premises against fire or otherwise or increase the ordinary premium for such insurance. or any other sum due under this lease within Five (5) days of the due date whether formally demanded or not the tenant shall pay to the Landlord an automatic default sum and interest on the overdue amount from the due date to the date of actual payment. 3. . Government Land Rent and all other taxes and charges now or hereafter payable in respect of the Premises. 4. air any clothes. re-entry or distress. and shall particularly not air any clothes or store anything on the front verandah. or store any items of furniture.19 Not to hang. 4.1.1 To permit the Tenant peaceably and quietly to possess and enjoy the Premises without any unlawful interruption from the Landlord or any person claiming under or in trust for the Landlord. and or place or fix any sting.20 Not to lay or fix any telephone or television cables on the premises except in the manner directed by and with the prior consent of.1.1.1. 3. main walls and main timbers and the outside of the buildings and common areas on the Premises and the outside water and sanitary apparatus in good and tenantable repair and condition. or balcony of the premises. provided that nothing in this covenant shall entitle the Tenant to withhold or delay any payment of the said rents or any other sums due under this Agreement after the date on which it falls due. the landlord. dogs chicken or birds on the premises.17 Notify the Landlord of an intention to leave the Premises unoccupied for a period of more than seven (7) days 3.1. containers or other things other than in places designated and provided for that purpose by the land. 3.1.1 The automatic default sum shall be at the rate of 2% above the base rate of Central Bank of Kenya as published from time to time until the aggregate amount so payable shall be recoverable as rent arrears.16.16 (i) In the event of failure to pay the said rent.1.1.1. PROVIDED THAT the payment of such default sum and interest shall not in any way prejudice the Landlord’s right and other cause of action by way of termination.1. The Landlord agrees with the tenant as follows:- 4.18 Not to permit an unreasonable number of people to assemble on the Premises for any large activity or function without the prior written consent by the landlord.2 To keep the roof.21 Yield up the Premises at the end of the tenancy in good and tenantable repair. 4.1. and not to bring or keep any animals cats. 3.3 To pay the Rates. or wires for that purpose in such places. 3.

5.2 For the avoidance of doubt. per day until full possession is yielded to the landlord or as the case may be. theft or injury to the tenant or tenant’s family.4 To be responsible for the electrical wiring and electrical apparatus comprised in and forming part of the main entrance circuits of the Premises and to make good promptly any defect or default discovered in the same.1. 5. . 5.3 Should the tenant wrongfully remain in possession beyond the term.1.1. the deposit paid shall not be treated as rent for the last months of the tenancy or any part thereof. 4.1.5 In consideration of the service charge paid.2 Any notice required to be served herein shall be sufficiently served upon either party if forwarded to that party by registered post or left at the party’s last known address in Kenya.1. Tenants will be notified in writing of such works and period to be taken. A notice sent by post shall be deemed to be given five (5) days after the date of posting thereof. but shall not be regarded as nuisance for the purposes of this tenancy agreement.1. it shall be lawful for the Landlord at any time thereafter to enter into the Property and to repossess it without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of any of the covenants herein contained or implied. provided that by arranging such security the landlord shall not constitute itself an insurer of the tenant’s property.4 Any delay by the landlord in exercising any right hereunder shall not be deemed to be a waiver of such rights in any way.1. invitees or servants. A notice to the tenant may be left at the premises.1. damage..1. arrange for security guards or company for the compound. and such shall be done at reasonable times.1.5 The Landlord reserves the right to carry out renovations. licensee.1. until repairs are fully carried out.1. and the same shall be refunded to the tenant upon the tenants’ full compliance with the covenant herein after possession is yielded up. 5. 4. or fail to carry out repairs not later than the last of the tenancy period the tenant shall be liable to pay liquidated damages of Kshs………. keep the external areas of the Premises clean and undertake the gardening in the common areas.1 The tenant shall insure his personal and house hold belongings and indemnify the landlord against any action claim or demand arising from any loss. 5. Provisos 5.1. 5. 5.1 (i) If the Rent is outstanding for more than five (5) days or more after becoming due whether formally demanded or not or if the Tenant fails to perform and observe any of the agreements herein contained or implied.1. and without prejudice to the landlords remedy under the distress for rent Act. nor shall it be liable under any circumstances for any loss or damage howsoever occurring to the tenants property on the premises. alterations and improvements on other parts of the building.

7. This provisions will only apply where the tenant takes possession of the premises without the full completion of the Agreement for Sale stated herein.2 Provided that any such notice that is given at any date after the first day of the calendar month shall be deemed to take effect from the first day of the calendar month next following expiration of the period of such notice.6. .1 This Agreement shall terminate on the later of:- a) Completion date as defined in the Agreement for Sale b) Date of Payment of the full Purchase price under the Agreement for Sable provided that this Agreement shall automatically terminate in the event that the Agreement for Sale is terminated for any reason. 6. Termination 6.3 Upon issuance of proper notice. this agreement shall cease and determine but without prejudice to any right of action accrued to either party during the currency of the agreement. 6.

. ) PIN No…………………….IN WITNESS WHEREOF the parties have executed this Agreement... ----------------------------------------------------------------- SIGNATURE & DESIGNATION OF PERSON CERTIFYING .. the year and date hereinabove written..I further certify that the above coloured passport size photograph is a true likeness of the above named person and that I have authenticated her PIN Number on this instrument.. ) ) ) ) ) Certificate of Attestation I certify that MIKE MUSHO AGENG’O the LANDLORD appeared before me on the day of 201… and being known to me acknowledged the above signature or mark to be hers and that she had freely and voluntarily executed this instrument and understood its contents.. THE LANDLORD Signed by MIKE MUSHO AGENG’O ) ) In the presence of ) ) ) ) Passport Size ) ) Signature………………………… Photographs ) ID No…………………………….

THE TENANT SEALED with the COMMON SEAL of ) DAASANACH CONSTRUCTION LIMITED ) in the presence of:. …………………………………… ) Signature……………………. …………………………… ) PIN No.. …………………………… ) PIN No..I further certify that the above coloured passport size photograph is a true likeness of the above named person and that I have authenticated his PIN Number on this instrument. ………… ) ) ) ) Certificate of Attestation I certify that DAASANACH CONSTRUCTION LIMITED the TENANT appeared before me on the day of 201… and being known to me acknowledged the above signature or mark to be his and that he had freely and voluntarily executed this instrument and understood its contents. ----------------------------------------------------------------- SIGNATURE & DESIGNATION OF PERSON CERTIFYING . ) ) ) ) Passport Size ) Common seal Photographs ) ) ) ) ) Director ) Name: ) ID No. ……………. ) ) ) ) Passport Size ) Photographs ) ) ) ) ) ) Director/Secretary ) Name: ) ID No. …………………………………… ) Signature…………………….

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