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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.
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 1 st 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 6 th 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.