Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

MEMORANDUM OF AGREEMENT OF LEASE

made and entered into by and between

Name : Ruth Chido Chigubu

ID No. 75-196264T75

Phone No. 0772415982

Email: mailto: chiguburuth@gmail.com

Of

306 Horning Close , The Grange , Harare

hereinafter referred to as the “lessor” of the one part)

And

Name : Chipara Blessing,

ID No. 59-075695-L-49

Phone No . 0787729857

Email: josephmakanda@gmail.com

Of

15 Westview Mansions ,Marlborough ,

Harare

hereinafter referred to as the “lessee” of the other part)

1|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

PREAMBLE

1. The lessor is the registered owner of 15 Westview Mansions ,Marlborough , Harare

commonly known and described as 15 Westview Mansions Marlborough, Harare
(hereinafter referred to as the “property”)

2. The lessor makes available for lease the property comprising an a 3 bed property,
duplex unit with one unsuited , dinning , lounge , kitchen with pantry separate toilet
and bathroom , storeroom (hereinafter referred to as “the leased premises”).

The Lessor agrees to lease the leased premises to the lessee, and the lessee agrees to lease
the leased premises from the lessor at the terms and conditions herein set forth.

THEREFORE, in consideration of the mutual promises herein contained and other good and
valuable consideration, it is agreed:

1. Term

1.1 This lease shall commence, or deemed to have commenced, on 11th July 2022
for a period of one year and terminating on 10th July 2023.

1.2 If the lessor is unable to give the tenant occupation of the premises on the
date hereinbefore stipulated, the tenant shall have no claim for damages or
right of cancellation and shall accept occupation on such later date on which
the premises are available. In the event of such a delay the lease anniversary
and date of termination shall remain as stipulated.

1.3 Right of Renewal

The lessee shall have the right to renew this lease on the expiration of the
lease period for the renewal period upon and subject to the same terms and
conditions as herein contained save as this right of renewal, the amount of
rent and the rental review period. The amount of rent payable during the
renewal period shall be such sum as maybe agreed or determined in clause 2
hereof.

Notwithstanding anything to the contrary, the lessee shall only be entitled to

exercise right of renewal provided he is not in breach of any of the terms and
conditions of this agreement at the time he exercises his right of renewal.

1.4 At least three months prior to the last day of the lease period (or any renewal
period thereof) the lessee shall inform the lessor by notice in writing
whether:

2|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

1.4.1 he intends to vacate the leased premises on the termination date of

the lease period (or any renewal period thereof), in which event the
tenant hereby undertakes to vacate by such date, or

1.4.2 if he wishes to exercise his option to renew this agreement in terms of

this clause, if applicable.

1.5 Notwithstanding the terms of 1.4 above, this agreement shall continue in full
force and effect (save in respect of the right of renewal) after the terminal
date as a periodic lease.

2. Rental
2.1 The net rent payable inclusive of operating costs and VAT shall be
USD500.00 per month.

Notwithstanding , any rental increase shall be given in writing to the Lessee,

with a month’s notice to be the effective rent.

2.2 costs Shall mean those costs that are incurred by the lessor in respect of
maintaining the property including security, electricity bills, water charges,
rates, sewage and refuse removal and any other levies payable to the local
authority or other responsible authority.

In this regard the lessee is responsible for water and electricity charges
relative to consumption.

2.2 Rental Payment

Payable, without demand or deduction, monthly in advance on or before the
1st day of each month in cash or into the account of the lessor’s with details
indicated below, or at such other place and in such manner as the lessor may
from time to time direct by written notice to the lessee. The lessor reserves
the right to specify the method in which rent and other charges are payable
and the lessee agrees to abide by the lessor’s instructions in respect of
payment.

Account Name :…
Account Number :…
Account Type :…
Currency : USD
Swift Code :…
Branch Code :…
Branch Name :…

3|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

3. Deposit
3.1 The lessee shall on signing hereof pay a deposit equivalent to one month’s
rent which is USD800.00 The lessor shall have the right to apply the whole or
portion thereof to rectify, repair, renovate and restore the condition of
leased premises or any of its fixtures, fittings, locks, keys and fastenings
which may be found to be deficient or missing.

3.2 In the event of all or part of the deposit being expended as aforementioned
during the currency of this lease, or any extension hereof, the lessee shall, on
demand, pay to the lessor a sufficient amount to make up the deposit to its
full amount as herein provided.

3.3 The lessor shall refund the deposit to the lessee, without interest, on
termination hereof, less any amount properly expended in terms hereof and
less any amount, which may be due by the lessee to the lessor by way of
current or arrears rent.

3.4 In the event that the rent for the leased premises increases during the
currency hereof or at the commencement or during any period of renewal or
extension hereof, the lessee shall, at the date of such increase, pay an
additional amount to the lessor by way of a deposit, such additional amount
being calculated so as to bring the total deposit up to the level of the
prevailing rent.

3.5 The lessee shall not be entitled to set off against the deposit any rental or any
amounts payable by it.

4. Use of Premises
4.1 The leased premises shall be used by the lessee for the purposes of
residence only and for no other purpose without the prior written consent of
the purposes only and for no other purpose without the prior written
consent of the lessor. The lessee shall not use or allow the premises to be
used for any purpose or in a manner that is unlawful, illegal, or likely to cause
damage to the premises, to adjoining property, or in a manner which would
constitute a hazard to the public or any adjoining property, or would cause
nuisance to any members of the public or to any other tenant of the building.

4.2 The lessee acknowledges that the lessor does not warrant that the leased
premises are fit for the aforesaid purpose OR that the agreed use is
permitted under any Local Planning Regulations. It is the responsibility of the
lessee to ensure that the proposed use complies with the relevant Town
Planning requirements and use.

4|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

5 Condition of the Leased Premises

5.1 Lessee hereby acknowledges that the leased premises are in a good state of
repair and condition and shall advise the lessor in writing of any defects in
the premises within seven day of commencement of this lease and in the
event of the lessee not advising of any defects, the premises shall be deemed
to be in good order and repair.

5.2 Lessee hereby undertakes during the currency hereof to keep the premises in
the same good order and repair as they are at the commencement of the
lease period and on termination of the lease period and any extensions
thereof, return the premises to the lessor in the same good order and repair.

6 Alterations and additions

6.1 Lessee shall not make any alterations or additions to the premises without
the lessor’s prior written consent, provided should the lessor grant such
consent, such additions or alterations shall be effected by the lessee at the
lessee’s own expense and shall be carried out subject to the supervision of an
architect appointed by the lessor whose fees shall be borne and paid by the
lessee, provided further that should the lessor so require at the termination
of this lease, the lessee shall restore the leased premises to the condition in
which they were at the commencement of this lease. Should the lessor not
require, however, then all additions and alterations shall be and remain the
property of the lessor and the lessor shall not be liable to the lessee for any
compensation.

6.2 The lessor shall be entitled at any and all times during the currency of this
lease to effect any such repairs, alterations, improvements and/or additions
to the premises or the building embracing them. The lessee shall have no
claim against the lessor for compensation, damages, or otherwise by reason
of any interference with its tenancy or its beneficial occupation of the
premises occasioned by any such repairs or building works.

7 Subletting
7.1 The lessee shall not be permitted to sublet, cede, assign, transfer, alienate, or
otherwise dispose of his rights and/or obligations under this lease to the
whole or any part of the premises nor to permit any other party to occupy
any part of the premises or to conduct business therein or therefrom. The
lessor shall not be unreasonable in withholding his consent, but reserves to
itself completely the right to approve any proposed subtenant.

8 Inspection by lessor
8.1 The lessee shall allow the lessor and his agents, representatives, workman
and contractors the right at any time in the case of emergency, or otherwise
at all reasonable times to enter upon the leased premises for the purposes of
inspecting or carrying out any work which may be necessary for repairing,
maintaining or redecorating the leased premises.

5|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

9 Insurance
9.1 Lessee shall be solely responsible for the insurance of his own contents,
fixtures and fittings and of those entrusted to him, and those of his
employees, licensees and invitees in the leased premises against any claims,
which may be made against him, and for public liability insurance in respect
of his business and the leased premises.

9.2 The lessor shall be solely responsible for insuring the leased premises and the
landlord’s fixtures and fittings.

10 Advertising signs
10.1 The lessee shall not affix to or inscribe on the exterior or the interior of the
leased premises or any other portion of the entire premises, any advertising
signs or notices of any sort without the prior written consent of the lessor,
which consent shall not be unreasonably withheld.

10.2 In the event of the lessor granting such consent, such signs shall be affixed or
notices inscribed in accordance with the terms of such consent and in such a
manner that no permanent damage to the fabric of the leased premises or
the entire property is occasioned thereby. On termination hereof the lessee
shall remove or obliterate every such sign or notice at his own expense and
shall make good any damage occasioned by the existence or removal thereof.

11 Indemnification
11.1 Lessor shall not be liable for any loss or damage to person or property caused
by theft, acts of God, acts of a public enemy, riot, strike, insurrection, war
court order, requisition, or order of government body or authority. Lessee
will indemnify lessor, against any liabilities, including reasonable attorney
fees and court costs, arising out of or relating to the following:

11.11 Claims of injury to or death of persons or damage to property

occurring or resulting directly or indirectly from the use or occupancy
of the premises, or from activities of lessee, lessee’s invitees or
anyone about the premises, or from any other

11.12 Claims for work or labour performed, or for materials or supplies to or

at the request of lessee in connection with performance of any work
done for the account of lessee within the premises.

12 Fire hazards
12.1 Lessee shall not at any time bring or allow to be brought or kept in the
premises any matter or thing or activity whereby a fire or any other insurance
policy of the building may be liable to become void or whereby the premiums
for any such insurance may be increased. If the premiums of such insurance
are increased as a result of a contravention of this clause whether with
lessor’s written consent or not, the lessor, without prejudice to any of his
rights hereunder, may recover from the lessee the amount due in respect of

6|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

any additional premiums. Lessee shall pay such amount immediately on

notification from the lessor or the insurance Company to the effect that such
additional premiums have been charged.

13 Lessee’s general obligations

The Lessee shall:
13.1 prevent any blockage of any sewers or water pipes or drains or grease in or
used in connection with the premises, and shall remove any blockage or
obstruction in any sewers or water pipes, drains or grease traps serving the
premises exclusively and where necessary repair the sewer, and repair the
sewer, pipe or drain concerned at own cost.
13.2 during the operation of this lease, care for and maintain the interior of the
premises and maintain all key, locks, doors, windows, sewerage pans and
pipes, water taps, electrical installations, air conditioning units therein in a
good condition and at the termination thereof return and redeliver the same
to the lessor in good order and condition, and to make good and repair at
own cost any damage or breakages or, in the alternative, reimburse the
lessor for the cost of replacing or making good any broken, damaged or
missing articles.
13.3 clean the interior of the premises and both the interior and exterior glazing
and frames, the shop fronts and signs.
13.4 pay for replacement of all fluorescent bulbs, starters, ballast and
incandescent bulbs used in the leased premises.
13.5 not permit the accumulation of refuse in or outside the premises and comply
with the rules concerning refuse determined by the lessor.
13.6 not drive or permit to be driven into the walls or ceilings of the premises,
nails, hooks, screws or any objects save as may reasonably be required for
the lessee’s shelving or fixtures and fittings, which fixtures and fittings will be
fixed to the walls by a method prescribed by the lessor’s Architect. On the
termination of the lease the lessee shall restore any damage done to the
premises.
13.7 not paint, tint or treat or obscure the windows in the premises with any
material or in any way whatsoever without the prior written consent of the
lessor.
13.8 not interfere with electrical installations in the premises or air-conditioning
installation or equipment belonging to the lessor, and not affix any electrical
installations other than those approved by the lessor.

14 Lessor’s general obligations

The lessor shall:
14.1 Maintain outside walls and the roof of the premises in good order and
condition.
14.2 Lessor warrants that upon performance by lessee of his obligations
hereunder, lessor will keep and maintain lessee in exclusive, quiet, peaceful,
undisturbed and uninterrupted possession of the leased premises during the
term of this lease.

7|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

15 Breach of lease
15.1 In the event of:
15.11 non-payment of rent or any portion thereof on due date or
15.12 the failure to rectify a breach of any other condition of this lease
within a period of seven days of written notice having been given by
the lessor to the lessee requiring such breach to be remedied or
15.13 the lessor becoming insolvent or executing any statutory assignment
or
15.14 the lessee absconding, deserting or vacating the premises without
giving proper notice.

15.2 Then the lessor shall have the right forthwith to cancel the lease and re-enter
upon and take possession of the premises and contents thereof, provided
that such action on the part of the lessor shall not prejudice any claim which
the lessor may have against the lessee for rent already due or for damages or
breach of contract or otherwise; and if the lessee remains in occupation after
the lessor has cancelled the lease and disputes the lessor’s right to cancel,
the lessee shall pending settlement or resolution of the dispute either by
negotiation or by litigation continue to pay an amount equivalent to the
monthly rent and other sums due in terms of this lease and the lessor shall be
entitled to accept and recover such payments the acceptance of which shall
be without prejudice to and not in way affect the lessor’s claim to
cancellation then in dispute) and if the dispute is resolved in favour of the
lessor the payments made and received in terms hereof, shall be deemed to
be amount paid by the lessee on account of damages suffered by reason of
the cancellation of this lease and/or the unlawful holding by the lessee.

15.3 Penalty Clause

15.31 In terms of this lease agreement the monthly rent is payable without
demand on or before the 1st day of each and every month. Failure by
the lessee to pay rent on the due date and without making any prior
arrangement with the lessors will result in the lessors charging the
Lessee a penalty fee of US$10.00 or equivalent ZWL per day from the
date the rent becomes due.

15.32 Should rental be in arrears by the 7th of the month the lessee will
receive a letter confirming that their rental has been deemed in
arrears and that a UD$50 administration fee will be due in addition to
rental arrears and penalty interest.

15.33 Lessee has 7 (seven) days in which to make payment, after which the
case will be referred to the lessor’s lawyers for collection.

15.34 Should the lessee not then make payment by the 22 nd of the month
they will receive a summons notice and face eviction.

8|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

16 Costs
All legal costs and expenses including any collection commission, disbursements and
attorney and in-client charges which the lessor may reasonably incur in consequence
of any default by the lessee in connection with the due payment of the rent for the
said premises or any other breach by the lessee of any terms and conditions of this
lease shall whether or not any legal action to suite shall be instituted, be payable by
the lessee on demand in addition and without prejudice to the lessor’s right to
cancel the lease and retake possession and to recover arrears of rent or damages.

17 Jurisdiction of Magistrates Court

The lessee hereby agrees that the lessor shall be entitled but not obliged to institute
any legal proceeding which might arise out of or in connection with this lease
agreement in any Magistrates Court in Zimbabwe, notwithstanding that the claim or
the value of the matter in dispute might otherwise exceed the jurisdiction of such
Magistrates Court in respect of the cause of action.

18 Variations and waiver

18.1 No variation in any of the terms hereof nor any other agreements between
the parties relating to the leased premises shall be valid unless reduced to
writing and signed by both parties or their duly authorised representatives

18.2 No indulgence, leniency or extension of time granted by the lessor to the

lessee shall constitute a waiver of any of the lessor’s rights in terms hereof,
nor shall such be deemed to be tacit variation or waiver of the terms of this
lease.

19 Notice to terminate
19.1 In the event of the lessor deciding to rebuild, modernise and/or refurbish the
premises or to make extensive alterations thereto, then the lessor shall have
the right, on giving three calendar months written notice to the lessee, to
terminate the lease without compensation.

19.2 Should the lessor require the premises for own usage or for an allied
company, the lessor shall have the right to give three calendar months
written notice to cancel the lease without compensation and require the
lessee to vacate the premises.

20 Domicilium citandi et executandi

The lessee chooses domicilium citandi et executandi in respect of any proceedings
arising out of this lease as the premises.

The Lessor : 306 Horning Close , The Grange , Harare

The Lessee: 15 Westview Mansions ,Marlborough , Harare

9|Page
Lease Agreement – 3 bed property, duplex unit - 15 Westview Mansions , Marlborough

Thus done and signed at __________, this __________day of__________________ 2022.

As Witnesses For and behalf of lessor

1. ______________________ ______________________
Ruth Chido Chigubu ( Lessor )
2. ______________________

Thus done and signed at __________, this __________day of _________________ 2022.

As Witnesses For and behalf of lessee

1. ______________________ _____________________
Chipara blessing( Lessee )
2. ______________________

10 | P a g e