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TENANCY AGREEMENT

DATED THIS 3rd DAY SEPTEMBER 2020

BETWEEN
JAMES NGUMBA NDUATI
(AS THE LANDLORD)

AND
JARED GICHANA NYABUTI & ELIZABETH
KWAMOKA OBEGI
(AS TENANT)

RELATING TO

APARTMENT A22
KINGSHERWOOD APARTMENTS, RIARA
GARDENS ROAD
(THE PREMISES)
TENANCY AGREEMENT

PARTICULARS
LANDLORD:
James Ngumba Nduati of P. O. Box 51129-00200 Nairobi, ID no. 1869068 (hereafter
referred to as the “landlord” which expression shall, where the content so admits
include his respective personal representative and assigns on one part.
THE TENANT:
JARED GICHANA NYABUTI & ELIZABETH KWAMOKA OBEGI of P. O. Box 45371-00100
Nairobi ID no. 27626521 (hereafter referred to as “the Tenant” which expression shall,
where the content so admits include his respective personal representative and
assigns on the other part.
THE TERMS:
Two years from the first day of October 2020, renewable. The lease shall be renewed
automatically if the contrary is not advice to either party in writing at least two months
before expiry of the same. Upon renewal, the rent shall increase by a factor 4%. The
lease can also be terminated by either party upon giving the other a two months'
notice or payments in lieu. Upon termination, for whatever course, the tenant shall
return the premises to the landlord in good condition and apply a coat of good quality
paint to the satisfaction of the landlord.
THE RENT:
Ksh. One hundred and fifty thousand (150,000.00) per month payable in advance on
the first day of each month. In addition to the rent, the tenant shall pay ksh. 2500.00
(two thousand five hundred) per month as contribution towards service charge. This
amount shall be paid together with the rent making a total of Ksh. 152,500.00 (One
hundred and fifty two thousand only) to the Landlords bank account whose details are
as follows:

Bank I & M bank


Branch Kenyatta avenue
Ac. No. 00101575402910
Ac. Name James Ngumba Nduati
Failure to remit the rent on due date shall incur a late payment fee of 10% of the
rent for each day the rent remains unpaid.

DEPOSIT
A deposit equivalent to one month’s rent shall be paid at the commencement of and
shall be held by the landlord. It is further agreed that should the tenant consistently
fail to meet his obligation; the landlord shall raise the required deposit to be equal
two months' rent. For avoidance of doubt, the deposit paid shall NOT be treated as
rent for the last month of tenancy or any part thereof, and the same shall be refunded
to the tenant upon full compliance with covenant herein. A commission equivalent to
50% of monthly rent is payable to the tenant’s agent on the understanding the tenant
will stay for not less than one year. Should tenant leave before expiry of this period
for whatever reason, the amount paid will be charged to the tenant.

The tenant will not be permitted to transfer, sublet or part with possession of
the premises to any third party at anytime during the course of the lease. Upon
breach of this clause the landlord will re-enter the premises and the lease shall
be terminated immediately absolutely.

The tenant covenants with the landlord as follows;


a) To keep the interior of the premises including all doors, windows, locks,
fasteners, watertaps and all internal apparatus, electrical fittings therein in
good and tenantable repair and proper working order and condition (fair wear
and tear accepted) and to make good any damage caused by willful neglect of
the tenant and their servants.

b) Not to use or permit or suffer the use of the rental house or any part of it for
any purpose other than residential.

c) Not to make any alterations or additions or change to the premises inside and
outside without the prior written consent of the Landlord and not to drive
nails, screws or other like items into the walls, floors or ceilings.

d) To allow the landlord and or his agents upon prior notice reasonable access
and inspection on the status of the house during working hours and to carry
out any repairs that may be necessary at the tenants cost.

e) Immediately upon vacating the premises to give back the house in the same
condition as it was before commencement of the lease.

f) To use only gas and electric cookers, charcoal and firewood must not be used
inside of the house.

g) In case of intention to terminate the tenancy before expiry of the lease, each
party to issue one month’s formal notice.
The Landlord covenants with the tenant that the tenant shall quietly hold and enjoy
the house without any interruption by the tenant or by any persons rightfully
claiming under him and or in trust for him.
In the event of any dispute which cannot be resolved by mediation or conciliation or
any claim by either party to this agreement, any such dispute or claim shall be
referred to an independent arbitrator appointed by both parties and in default of
agreement by the Chairman of the Chartered Institute of Arbitrators in accordance
with provisions of the Arbitration Act No. 49 of 1995 as may be amended or modified
from time to time.

In witness whereof the parties have caused this agreement to be duly executed the day and
year first above written.

Signed by the landlord

….......... ID NO 1869068
James Ngumba Nduati
In the presence of

Signed by the tenant

.... ID NO 27626521.
Elizabeth Kwamboka obegi

In the presence of

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