AGREEMENT TO LEASE
THIS AGREEMENT is made this day of Two
Thousand and One BETWEEN IIIIII (hereinafter called “the Landlord” which expression shall
where the context so admits include his personal representatives and assigns) of Post Office Box
Number 30437 Nairobi AND KKKKKKK (hereinafter called “the Tenant” which expression
shall where the context so admits include his personal representatives and assigns) of Post Office
Box Number ,,,,,,,,, Nairobi.
WHEREAS:
A. By an Agreement for Sale dated the ……… day of ……………………… 2001
(hereinafter referred to as “the Agreement”) the Tenant agreed to sell to the Landlord his
interest in all that Maisonette more particularly described in the schedule hereto
(hereinafter referred to as “the Property”).
B. The formalities of transferring the Property into the name of the Landlord have not been
completed and the Tenant is currently in possession of the Property as the owner.
C. The Agreement provided inter alia that the Tenant is to give vacant possession of the
Property upon payment of the Purchase Price (as defined in the Agreement) in
accordance with the terms of the Agreement.
D. The Landlord has agreed to grant the Tenant a lease of one year from the date the Landlord
is entitled to vacant possession of the Property (hereinafter referred to as “the
Commencement Date”) as hereinafter provided.
NOW THIS AGREEMENT WITNESSETH as follows:
1. The Landlord agrees to let and the Tenant agrees to take the Property for a period of ONE
(1) YEAR (“the Term”) from the Commencement Date.
2. The monthly rent shall be Kenya Shillings Thirty Thousand ([Link]. 30,000.00)
payable monthly in advance on the First day of each month. The Tenant shall in
addition pay a deposit of Kenya Shillings Thirty Thousand Only ([Link].
30,000.00), which sum is refundable at end of the Term less all costs of any
outstanding conservancy and/or charges or expenses which would at all material
times may be payable by the Tenant within the Lease period and to restore the
Premises to the condition in which the Tenant took the same on the Commencement
Date;
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(ii) Either party can terminate this Agreement by giving one () calendar months’
written notice or one (1) months rent equivalent in lieu of notice;
3. The Tenant agrees with the Landlord as follows:-
(i) To pay rent on the days and in the manner aforesaid clear of all deductions
whatsoever AND to pay water, electricity, conservancy and telephone
charges which are or may at any time during the Term be assessed or
imposed on the Premises;
(ii) At the termination of the Term, to deliver up the Premises to the Landlord
together with the Landlord’s fixtures and fittings therein with all locks keys
and fastenings complete and in such state of repair order and condition as
shall be in strict compliance with the covenants and agreements in that behalf
on the part of the Lease herein contained;
(iii) To use only electricity or gas cookers and not use charcoal or paraffin or other
means of cooking in the buildings;
(iv) Not to make nor permit to be made alterations in or additions to the Premises not
to erect any fixtures therein nor drive any nails, screws, bolts or hedges in the
floors, walls or ceilings thereof without the consent in writing of the Landlord
first and obtained (which consent shall not be unreasonable withheld);
(v) To permit the Landlord, his agents, workmen or servants at all reasonable times
on notice from the Landlord whether oral or written to enter upon the
Premises or any part thereof and execute structural or other repairs to the
buildings of which the Premises form part of or to the electrical circuits,
water pipes and drains in or under the same or other repairs which the
landlord may be liable to carry out hereunder;
(vi) To use the Premises for Private Residential Purposes only and will not carry on
any other business or use them for any other unlawful or unauthorised
purpose;
(vii) Not to sub-let the Premises or any part thereof during the Term without the
express consent in writing of the Landlord or his authorised agents such
consent not be unreasonably withheld;
(viii) To keep the Premises and all fittings and fixtures therein clean and in good
condition and to hand over the same at the expiry or earlier termination of the
Term in the same condition and repair as on entry, fair wear and tear
expected;
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(ix) To pay for the replacement or make good repair or restore all such fixtures and
fittings as shall be broken, lost or damaged or destroyed during the Term and
to replace keys (or the appropriate locks which are lost, broken or damaged);
(x) To be responsible for all damage which is incurred as the result of negligence or
willful act on the part of the Tenant and/or occupant to walls, ceilings, floors,
windows and doors and will repair the same at his own expenses if required
to do so by the Landlord or his authorised agents;
(xi) To by responsible for all normal running repairs and maintenance in connection
with internal plumbing, fixtures, fittings, heaters, windows, locks, handles
and fasteners and should ensure that they are in working order before taking
occupation of the Premises;
(xii) Not to fell any trees or shrubs without the permission in writing to the
Landlord or his authorised agents and to maintain the gardens and fencing (if
any) in suitable condition;
(xiii) Not to do or permit or suffer to be done anything whereby any insurance of
the Premises against loss or damage by fire may become void or voidable or
whereby the rate of premium for any such insurance may be increased and to
pay to the Landlord all sums paid by way of increased premium, and all
expenses incurred by him in or about the renewal of any such policy rendered
necessary by a breach of this covenant and all such payments shall be added
to the rent herein before reserved and be recoverable as rent;
(xiv) In the event of the Premises or any part thereof being damaged or destroyed
by fire at any time during the Term and the insurance money under any
insurance policy against fire affected thereon by the Landlord being wholly
or partly irrevocable by reason solely or in part of any act or default of the
Tenant, then in every such case the Tenant will forthwith (in addition to the
said rent) pay to the Landlord the whole or (as the case may require) a fair
proportion of the cost of completely rebuilding and reinstating the same any
dispute as to the proportion to be so contributed by the Tenant or otherwise in
respect of or arising out of this provision to be referred to arbitration in
accordance with the Arbitration Act or any statutory modifications or re-
enactment thereof for the time being in force;
(xv) Not to do or permit or suffer to be done anything in or upon the Premises or
any part thereof which may at any time be or become a nuisance or
annoyance to the neighbours or injuries or detrimental to the reputation of the
Premises;
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(xvi) To remove at his own expenses any nest of bees or wasps, insects or other
pests that may infest the property during the Term;
(xvii) To take over reasonable precaution to ensure that the presence of any dry or
wet rot or white ants or other destructive insects or pests do not gain access to
the Premises and to notify the Landlord forthwith in the event of any
infestations appearing;
(xviii) The cost of preparing this Agreement and the Stamp Duty on this form of
Agreement and one counterpart thereof shall be for the account of the Tenant;
4. The Landlord hereby agrees with the Tenant as follows:-
(i) To keep the structure of the Premises only adequately insured against fire or
other calamities;
(ii) To pay ground rent (if any) and the unimproved site value Tax together with
all increases in site Value Tax and Land rent, rates, taxes, charges, outgoings,
impositions and assessments which now or may hereafter imposed or
assessed by the respective authorities in respect of the Premises after the
Commencement Date;
(iii) To keep the structure roof, the outside of the buildings of the Premises in a
good state of repair and painted where necessary;
(iv) To permit the Tenant paying the rent hereby reserved and performing and
observing the covenant and agreements herein contained or implied and on
his part to be performed and observed peaceably and quietly to possess and
enjoy the Premises during the Term created without any interruption from or
by the Landlord or any other person or persons lawfully claiming from or
under it;
(v) To maintain the carriage ways, car parking areas and paths serving the
Premises in good repair and free from potholes and also (save in respect or
damage arising from negligence or willful damage on the part of the
occupiers of the Premises) to maintain the fences surrounding the buildings.
5. IT IS HEREBY AGREED between the landlord and the Tenant as follows:-
(i) The Landlord or his authorised agents retain the right to enter the Premises to
carry inspections and will first obtain permission of the Tenant to enter, such
permission not to be unreasonably withheld AND THE TENANT WILL
ALSO during the last months of the Term permit any person or persons to
enter and inspect the Premises reasonable times upon production of an order
to view from the Landlord or authorised agents;
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(ii) If the said rent shall at any time during the Term become more than fourteen
(14) days in arrears, whether legally demanded or not or if the Tenant shall
omit to perform or to observe any of the covenants herein contained then the
Landlord or his authorised agents retain the right to terminate the tenancy and
assume possession of the Premises immediately and take whatever action
they think fit to recover the arrears of rent PROVIDED that in the event the
Landlord will first give to the Tenant seven (7) days notice of the breach of
an the proposed redress which if not complied with by the Tenant within
seven (7) days, then the Landlord may take, without further notice to the
Tenant, whatever action he thinks fit to recover the arrears of rent and/or
obtain the redress required.
IN WITNESS WHEREOF the Landlord and the Tenant have hereunto set their hands the
day and year first herein before written.
THE FIRST SCHEDULE
DESCRIPTION OF THE SAID PROPERTY
ALL THAT Maisonette Numbered “2” on the Building Plan registered in the Registry of
Documents in MMM in Volume DI Folio ,,,,,,,, Folio DV being the premises comprised of in
a Lease registered in the Land Titles Registry at Nairobi aforesaid as Number I.R. ,,,,,,,,/1
which said Maisonette is part of the buildings situate and erected on ALL THAT piece or
parcel of land known as Land Reference Number 209/……/,, Nairobi and is more
particularly described on Land Survey Plan Number ,,,,,, deposited at the Survey Records
Office at Nairobi and is held by the Vendor as proprietor as Tenant for a term of Ninety-nine
(99) years from the First day of April One Thousand Nine Hundred and Forty-one (less the
last ten days) at an annual rent of a peppercorn (if demanded) subject to the terms and
conditions contained in a Certificate of Title registered as I.R. No. ,,,,,,,/1.
SIGNED by the LANDLORD )
in the presence of:- )
)
Advocate )
SIGNED by the TENANT )
in the presence of:- )
)
Advocate )
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DRAWN BY:
GGGG and Company
Advocates
P O Box ,,,,,,,,
NAIROBI
