REPUBLIC OF KENYA

IN THE MATTER OF THE LAND ACT NO. 6 OF 2012,

IN THE MATTER OF THE LAND REGISTRATION ACT NO. 3 OF 2012
AND IN THE MATTER OF THE GOVERNMENT LAND ACT CAP 280
(REPEALED)
TENANCY AGREEMENT

ERIC IMONYAT (AS THE LESSOR)

Email: ericimonyati@gmail.com

AND

ZIAN SHITO
(AS THE LESSEE)

---------------------------------------------

ON L.R. No. ---------- MOMBASA

------------------------------------------------------

DRAWN BY:-

Date received for registration:

Presentation Book

Registration Fees : Kshs.

, 20

No. /20

Paid. Receipt No.................................

REPUBLIC OF KENYA
1

IN THE MATTER OF THE LAND ACT NO. 6 OF 2012,

IN THE MATTER OF THE LAND REGISTRATION ACT NO. 3 OF 2012
AND IN THE MATTER OF THE GOVERNMENT LAND ACT CAP 280
(REPEALED)

TENANCY AGREEMENT
THE AGREEMENT is made the
Sixteen.

day of

Two Thousand and

BETWEEN:(1)

of

Post

Office

Box Number Mombasa in the Republic of Kenya

(hereinafter
referred to as the Landlord which expression shall where the context so
admits include their representatives and assigns) of the first part;
AND
(2)

.. of Post Office Box Number ,Mombasa

aforesaid (hereinafter referred to as the Tenant which expression shall
where the context so admits include their personal representatives and
assigns) of the second part.

WHEREAS:1. The Landlord is the registered as proprietor as lessee of apartment number

.. of Vanilla Royal Apartments constructed on ALL THAT
piece of land situate in the City of Mombasa in the Mombasa Area of the said
Republic

known

as

Land

Reference

Number

which development comprises of apartments,

garden and all related facilities (hereinafter referred to as the apartment).
2. The Landlord has agreed to let and the Tenant has agreed to rent apartment
No. on . for a term of Two
(2)
years
from
1st
day
of

to
. (subject to a termination notice of
2

3 months by either side) Yielding and Paying, therefore, monthly rent set
out hereunder;
a) From to . Kshs. 7,000/-, per month,
payable monthly in advance.
b) From . to ..Kshs. 7,000/-, per
month, payable monthly in advance, that is Kshs. .. every
two months.

NOW THAT IT IS AGREED as follows:1.

THE TENANT AGREES WITH THE LANDLORD:(1)

To pay a deposit of Kshs. 7000/-, and monthly rent in advance as

aforesaid without any deductions or set-off whatsoever by way of direct
deposit in the bank account of the landlord, or alternatively, in cash,
Mpesa or by bankers cheque against which a receipt will be issued.

(2)

To pay to the authorities concerned all charges for water, electricity

telephone used and consumed or all other charges (including meter rents
and charges) incurred by the Tenant.

(3)

To keep the interior of the apartment including all doors floors ceilings
windows and glass in the window the electrical switches power plugs and
wiring and all pipes internal and external sanitary and water apparatus
water pumps pipes external water storage tanks and all the Landlords
fixtures and fittings therein cleaned and in good and tenantable repair and
condition reasonable wear and tear and damage by fire earthquake storm
civil disturbance or other cause beyond the Tenants control only excepted.

(4)

Not to permit any open or internal combustion or fire (except for normal
cooking purposes) to be burned within the apartment.

(5)

To use the apartment as a private residence for occupation by the

tenant and his immediate family members.

(6)

During the period of tenancy:(a)

not to do or permit to be done on the House any act or thing contrary to

the Mombasa City Council by-laws;

(b)

not to store on the apartment any dangerous, inflammable, noxious or

offensive articles;

(c)

not to do or permit anything to be done which would or might be or

become a nuisance, annoyance, inconvenience or disturbance to the
Landlord or the owners or occupiers of adjoining or neighboring
premises;

(d)

not to use the apartment or any part thereof or suffer or permit any part
thereof to be used for any illegal or immoral purposes.

(7)

Not to assign sub-let under-let transfer or part with the possession of the
apartment or any part thereof or of any interest therein or suffer any person to
occupy the apartment or any part thereof as a licensee without the prior
written consent of the Landlord which consent may be refused by the
Landlord without assigning or being required to assign any reason for such
refusal. Upon any breach by the Tenant of this term the tenancy hereby
created shall absolutely stand terminated and the Landlord will be entitled
forthwith to regain possession of the apartment.

(8)

Not to cut or lope trees or shrubs without the prior written consent of
Landlord.

(9)

Not to make any alterations or additions to the apartment or erect any fixture
therein without the prior written consent of the Landlord PROVIDED THAT in
any case where works shall have been carried out by the Tenant, the Tenant
shall if the Landlord so requires at the expense of the Tenant restore the
affected portion or portions of the Apartment to its or their former condition at
the expiration or sooner determination of the term hereby granted PROVIDER
THAT should any damage occur to any other part of the Apartment as result
of the works carried by the Tenant pursuant to this clause the Tenant shall at
their cost repair the damage including painting of the affected parts.

(10)

Not to do or suffer to be done anything whereby the policy or policies of

insurance on the building may become void or voidable or whereby the
premium thereon may be increased and to repay to the Landlord all sums
paid by them by way of increased premiums and all expenses incurred by
them in or about any renewal of such policy or policies rendered necessary by
a breach or non-observance of this term AND in the event of any insurance
moneys being withheld or wholly or partially irrecoverable by reason of any
breach of this term to indemnify the Landlord in respect of the costs of
rebuilding or reinstating the building.

(11)

Not to insert place or leave any rags dirt rubbish refuse or other substance in
the sinks baths lavatories cisterns or pipes in the House and not to cause any
4

obstruction or blockage in the sinks baths lavatories cisterns or pipes in any

other way.
(12)

To permit the Landlord Access to the apartment when deemed necessary by

the Tenant with all necessary workmen and appliances:
(12.1)

to inspect the apartment and the furniture and fittings therein;

(12.2)

to carry out any repairs or alterations which may be necessary

during the Term pursuant to the Landlords repairing obligations;

(12.3)

to carry out any repairs, alterations or improvements to the

apartment or the electric wiring or water pipes or drains in or
under the apartment.

(12.4)

to execute all work necessary for remedying any breach by the

Tenant or any covenant contained in this Agreement regarding the
repair maintenance or decoration;

(12.5)

to paint the outside of the apartment.

(12.6)

to take inventories of all fixtures and fittings in the apartment.

(13)

To report to the Landlord in writing as soon as possible any disrepair or defect

for which Landlord is responsible in the apartment or any installation in the
apartment.

(14)

To pay and make good to the Landlord all and every loss and damage
whatsoever incurred or sustained by the Landlord as a consequence of any
breach or non-observance of the Tenants covenant herein contained and to
indemnify the Landlord from and against all actions claims liability costs and
expenses thereby arising.

(15)

At the expiration of the tenancy hereby granted (including any renewal

thereof) to yield up the House to the Landlord in such good and tenantable
repair and condition as shall be in accordance with the Tenants covenants
herein contained and with all lock keys and fastenings complete.

(16)

To pay all costs, charges and expenses of and incidental to the preparation
and completion of this Agreement including the stamp duties and other
disbursements.
5

2.

THE LANDLORD AGREES WITH THE TENANT as follows:(1)

To pay the ground rates in respect of the land comprised in the above
mentioned title.

(2)

To pay the land rent in respect of the land comprised in the above
mentioned title.

(3)

To insure and keep insured the House on the land comprised in the
above-mentioned title against loss or damage by fire with an insurance
company of repute.

(4)

To allow and permit so long as the Tenant pay the rent and performs
and observe all obligations under this Agreement to quietly and peacefully
to use and enjoy the building during the tenancy without any interruption
by the Landlord or any person claiming through or under or in trust for the
Landlord.

3.

PROVIDED IT IS AGREED BY AND BETWEEN THE PARTIES HERETO

that:(1)

If the rent hereby reserved or any part thereof or any cost and charges
hereby made payable by the Tenant to the Landlord shall at any time be in
arrears or unpaid for fourteen (14) days after the same shall have become
due (whether any formal or legal demand thereof shall have been made or
not) or if the Tenant shall at any time fail or neglect to perform or observe
any of the agreements or conditions herein contained or implied and on
the part of the Tenant to be performed or observed it shall and may be
lawful for the Landlord at any time thereafter to re-enter upon the House or
any part thereof in the name of the whole and thereupon the term hereby
created shall absolutely determine but without prejudice to any claim by
the Landlord in respect of any antecedent breach of any covenant or
agreement by the Tenant herein contained.

(2)

If at any time during the term hereby granted the House or any part
thereof shall be destroyed or damaged by fire civil commotion or accident
not attributable to the negligence of the Tenant or the Tenants servants or
agents so as to render the House or any part thereof wholly or partially
unfit for occupation or use the rent or a just proportion thereof according to
the nature and extent of the damages sustained shall be suspended and
cease to be payable until the House has again been rendered fit for
occupation and use but if the House shall not have been so rendered fit
for occupation and use within four months of its destruction or damage as
aforesaid the Tenant may at the Tenants option and on giving one months
written notice of the Tenants intention to do so determine this Agreement.

(3)

Either party hereto shall have the right to terminate this Agreement by
giving 3 (three) months prior written notice expiring on the 30 th of the
month following and immediately on expiration of the aforesaid notice
period the present demise and everything contained shall cease and be
void but without prejudice to the rights and remedies of either party
against the other in respect of any antecedent claim or breach of
covenant. In the event there is any rent paid by the Tenant for a period
after the expiry of this Agreement, the Landlord shall, subject to the terms
and condition of this Agreement refund to the Tenant such excess amount.

(4)

Any notices required to be served hereunder shall be sufficiently

served on the Tenant if addressed to the Tenant by registered post or if left
at the apartment and shall be sufficiently served on the Landlord if posted
to him by registered post at his last known address in Kenya AND a notice
sent by registered post shall be deemed to have been served within ten
days following the date of posting.

IN WITNESS WHEREOF the parties hereto executed these presents the day and the year first herein
before written.
SEALED with the Common Seal
of the LANDLORD

)
)

Company seal

)
In the presence of:-

)
)
)
)
)
)
)

Tenant

Tenant

I certify that I was present and saw the Landlord affix its seal and execute this lease.
Signed_______________________
Advocate

SIGNED by the TENANT the said

in the presence of :-

)
) _____________________
)
)
)
)

Advocate

I certify that I was present and saw . execute this lease.

Signed________________________
Advocate