- The Corporation shall let and the tenant shall take possession from the ……………………..day of …………………….Two thousand and …………. all those premises described in the schedule hereto (hereinafter called “the said premises”).
- The Tenancy Agreement shall be for a period of one year (the term “year” meaning “12 Calendar months”) subject to renewal of tenancy upon satisfying conditions outlined in Clauses 5 hereof (hereinafter called “renewal of tenancy conditions”) commencing on and including the ……………..day of ……………………… two thousand and ……….. and concluding on …………………………….day of……………….. Two Thousand and ………….. subject to determination as hereinafter mentioned. The maximum tenancy period is 10 consecutive years.
- RESPONSIBILITIES AND OBLIGATIONS OF TENANT
THE TENANT HEREBY AGREES with the Corporation as follows:-
(1) To pay the sum of MK ………………..00 as rent in advance on the first day of every month to the Corporation. The rent shall be revised yearly at an escalation rate of 10%
(2) To deposit with the Corporation in cash the sum of MK ………………00 (equivalent to current three months rentals) before taking possession of the said premises. The said deposit will be refunded in the event of:
- the tenancy being terminated;
- all the rent then being paid up to date;
- the house left in good and clean condition;
- all keys of the house being returned;
provided that the deposit may be utilized by the Corporation for the settlement of any arrears of rent, cost of maintenance of house or outstanding utility bills or making good any breach hereof by the tenant.
(3) During the tenancy to keep and maintain the said premises in good and substantial repair and condition (other than the roof and outside wall) and clean and tidy at all the times (fair wear and tear excepted) and not to keep or permit to be kept any scrap metal (including derelict cars or vehicles) water, rubbish or refuse upon the premises.
(4) Not to dig, excavate, remove or permit to be dug, or be removed soil from the land for any purpose whatsoever.
(5) Not to erect any new or additional buildings on the premises or any part thereof or make any part thereof or make any alterations or addition whatsoever in or to the house and other building now standing or being thereon.
(6) To keep the sewer, drains and pipes at all times free from blockage, stoppage or damage of whatsoever nature.
(7) Not to assign demise mortgage charge.
(8) Not to part with possession of all or any part of the said premises. Parting with possession shall occur where the tenant has moved and left household items in the house or left relatives in the house for a period of over 12 months.
(9) Not to use the said premises or any part thereof for any other purpose than as private residence.
(10) Not at any time to keep or permit or suffer to be kept any livestock upon the said premises.
(11) During the said tenancy to keep the interior of the dwelling house and all the fittings and fixtures therein and all glass in the windows and doors thereof in good and tenantable repair.
(12) To paint with at least two coats of quality paint all the inside walls, wood and iron work of the demises premises at the end of the tenancy.
(13) At the end of the tenancy to deliver to the Corporation the said premises and all the fixtures and fittings therein and all the gates and fences and other items in good repair and condition.
(14) To pay all charges for electricity and water consumed in the premises
(15) Not to permit or suffer any public or private nuisance in or upon the said premises or anything which shall cause unnecessary annoyance, inconvenience or disturbance to the Corporation or to occupiers of neighboring houses.
(16) Not to do or suffer or permit to be done anything whereby any policy or insurance on the demised premise or any part thereof against damage by fire or otherwise for the time being may become void or voidable or whereby any increased premium may be payable in respect thereof.
In the event that the Corporation has proved negligence of the tenant, the tenant shall be responsible for maintenance costs.
(17) To ensure that the Corporation records regarding referee(s) and personal identity of the tenant are up to date all the times.
(18) To allow the Corporation reasonable access to the property for purpose of repairs, maintenance, inspections and verification of compliance with this agreement.
(19) To report within five (5) days of the date of discovering the fault on water leakage, defects and electrical faults, failure of which the Corporation shall recover the cost of rectifying the defects/faults.
- RESPONSIBILITIES OF THE CORPORATION
The Corporation hereby agrees with the Tenant as follows:
(1) To find alternative premises this may or may not be in the same estate until the whole of the said premises shall again be fit for use if at any time during the tenancy, the premises or any part thereof shall be rendered unfit for use by accidental fire unless the fire is caused by the act or default of the tenant or any other cause.
(2) To keep the roofs and outside walls of the said dwelling house and out buildings and also the boundary walls and fences of the said premises (except the gates) and the main drains in tenantable repairs.
(3) That the tenant paying the rent and performing and observing the covenants and conditions herein contained may peaceably and quietly hold and enjoy the said premises during the said term without interruptions of, or by the Corporation, its successors in title or any other person or persons rightfully claiming under it.
(4) To inspect within three (3) days of giving notice the demised premises for condition, and compliance of the conditions provided that the Corporation shall be allowed to enter the demised premises and execute repairs.
(5) To pay and discharge all property rates and taxes in respect of the said premises.
- RENEWAL OF TENANCY CONDITIONS
It is hereby agreed and declared that the Tenancy Agreement shall be subject to renewal after every 12 months subject to the following conditions:
(1) Tenants who paid rentals on time and adhered to tenancy agreement conditions will have the tenancies renewed.
(2) Those tenants with a record of subletting premises and served with eviction notice within the expiring 12 months shall not qualify for the renewal.
(3) Rent defaulters of more than 2 months within a period of the expiring 12 months shall be disqualified for the renewal.
(4) The tenancy renewal will be processed upon production of cleared accounts for water and electricity bills from the relevant service providers.
(5) Proof of compliance by both parties.
- ILLEGAL TENANCY
illegal Tenancy shall mean the following:
(1) A person who occupies the house without consent from the Corporation.
(2) Where the house has been occupied by a person other than the legal tenant.
(3) Where the house is occupied by another person upon death of the legal tenant, in the event that the death has not been proved or reported to the Corporation.
(4) Where the legal tenant has parted with possession and left a spouse or dependants in the house without written approval from the Corporation.
- TERMINATION OF TENANCY
It is hereby agreed that:
- Tenancy may be terminated at any time by either party giving to the other one calendar month notice in writing of the desire to determine the same.
- If the said rent or part thereof (whether formally demanded or not)
shall be unpaid for fourteen (14) days after the day on which it is payable the Corporation may at any time thereafter enter on the property and retake possession thereof without prejudice of its remedies for rent then accrued due to breach of covenant.
- In the event of the tenant is in breach of any of their obligations under this agreement, the Corporation shall immediately terminate the tenancy and issue a 7 day notice of eviction and proceed to re-enter if the tenant does not vacate within the stated period.
- If the premises are not occupied for any period of seven (7) consecutive days after signing the Tenancy Agreement, the Corporation shall terminate the tenancy.
- Upon termination of Tenancy, the tenant shall maintain the property as stipulated in clause 3(3).
- In the event that the Corporation intends to demolish, reconstruct, or to renovate the premises or part thereof and that it could not reasonably do so without or possession of the premises.
- If the legal tenant has not stayed in the house for three (3) months.
- The Corporation shall terminate the Tenancy at the end of 10 years for individual tenants.