Tenancy Agreement

TENANCY AGREEMENT

BETWEEN

            LANDLORD                                        :        NAME

`                                                                                  ADDRESS

            TENANT                                               :        NAME

`                                                                                   ADDRESS

.

                                                                                                                       

            FOR PREMISES KNOWN AS             :       ADDRESS

AN AGREEMENT OF TENANCY made the day and year stated in SECTION 1 of the Schedule hereto between the first party whose name and particulars are stated in SECTION 2 of the Schedule hereto (hereinafter called “the Landlord”) of the one part and the second party whose name and particulars are stated in SECTION 3 of the Schedule hereto (hereinafter called “the Tenant”) of the other part.

Whereas the Landlord is letting the premises described in the SECTION 4 of the Schedule hereto (hereinafter referred to as “the said Premises”) in his capacity as described in SECTION 5 of the Schedule hereto.

WHEREBY IT IS AGREED subject to the accompanying General and Special Conditions, the Landlord lets and the Tenant takes the said premises for a term stated in SECTION 6 of the Schedule hereto commencing on/deemed to have commenced on the date stated in SECTION 7 of the Schedule hereto at the monthly rent stated in SECTION 8 of the Schedule hereto payable on or before the day stated in SECTION 9 of the Schedule hereto of every month in advance.

                                                GENERAL CONDITIONS

       I.         The Tenant hereby agrees and covenants with the Landlord as follows:-

      (1)        To deposit with the Landlord the sum (hereinafter called “the said Deposit”) stated in SECTION 10 of the Schedule hereto (the receipt of which the      Landlord hereby acknowledges) as and by way of deposit or security for the due performance and observance by the Tenant of all and singular the several covenants on the part of the Tenant herein contained. The said deposit shall not be deemed  to be payment of the rent in advance nor shall it be treated or used by the Tenant as payment for the rent due under this Agreement without prior consent of the Landlord and shall be retained by the Landlord until the expiration of the term hereby created but the said Deposit or any part thereof may be applied in or towards payment of fees charges outstanding or for making good any breach of this Agreement on the part of the Tenant BUT SUBJECT as aforesaid shall be refunded to the Tenant upon the expiration of the term whereby created.

(2)               To pay the monthly rent at the times and in the manner aforesaid.

(3)               To pay for the water, gas, electricity, telephone and all other public utilities supplied to the said premises.

(4)               Not to make any structural alteration or addition (not being in the nature of repairs) in or to the demised premises without prior written consent of the Landlord.

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(5)               Not to do or permit to be done on the said premises anything which will or may infringe any of the bye-laws or regulations in force or which may become a nuisance or annoyance or inconvenience to the Landlord or to tenants or occupiers of the neighboring property or for any illegal or immoral purposes.

(6)               Not to keep on the premises any articles or things of dangerous or explosive or noxious nature.

(7)               To keep the interior and exterior of the said premises and all the Landlord’s installations therein in good and tenantable repair and condition and proper working order (fair wear and tear excepted). Damage by violence due to war, riot, civil war or civil commotion or by fire, explosion, flood, storm, tempest, termites, other irresistible force or inevitable accident or Acts of God accepted.

(8)               To keep the said premises clean and to be responsible for the locking and securing of the windows, doors and gates of the said premises.

(9)               Not to assign or sublet or part with the possession of the said premise of any part thereof without written consent from the Landlord.

(10)           To use the said premises only for the purpose(s) stated in SECTION 11 of the Schedule hereto.

(11)           Not without the consent of the Landlord to affix or exhibit or erect or permit or suffer to be affixed or exhibited or erected on or upon any part of the external rails or fences thereof any placard or poster or other advertisement or boarding.

(12)           To permit the Landlord and his agents, servants and others to enter the said premises at all reasonable times for the purpose of viewing the state and condition thereof or for any other reasonable purpose and forthwith to make good at the Tenant’s own expense any defects caused by the Tenant’s occupation of the premises.

(13)           During the last three (3) months of the tenancy to permit the Landlord to affix upon the said premises a notice for re-letting and to permit persons with authority from the Landlord or his agent at reasonable times to view the said premises.

(14)           Upon the determination of this tenancy to deliver up to the Landlord the said premises in such state of repair condition or and preservation as shall be in strict compliance with the Tenant’s stipulations herein contained and with all locks, keys and fastenings complete.

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(15)           At the expiration or sooner determination of the term hereby created peaceably and quietly to yield up unto the Landlord the said premises and to remove there from all partitions additions and any other structures and fittings installed by the Tenant with the consent of the Landlord and all damage caused by such removal shall be made good by the Tenant to the reasonable satisfaction of the Landlord PROVIDED that if the Landlord or the incoming Tenant has no objections to the same, the Tenant need not remove any such partitions, additions and other structures and fittings.

(16)           At the Tenant’s own expenses to maintain and to service periodically the electrical fittings in the demised premises.

           

   

II.        The Landlord hereby agrees and covenants with the Tenant as follows:-

(1)               On the Tenant paying the rent hereby reserved and performing and observing the stipulations herein mentioned the Tenant shall peaceably hold and enjoy the said premises during the term hereby created without any interruption or disturbance of or by the Landlord of any person or persons rightfully claiming through or under him.

(2)               To pay all such assessments, taxes, quit rent and other outgoing which are or may hereafter be charged or imposed upon the premises and payable by the Landlord.

(3)               The Landlord shall maintain and keep the main structure of the Said Premises including the roof, mail wall, water pipes and the electrical wiring, in good and tenantable repair and condition throughout the term hereby created except as regards damage to the premises caused by or resulting from any act of default or negligence of the Tenant or his servants and except as hereinbefore covenanted to be done by the Tenant, then the Tenant shall carry out such repairs at their own cost and expenses.

III.       PROVIDED ALWAYS and it is hereby agreed as follows :-

(1)               The Landlord shall upon written request being made by the Tenant three (3) month prior to the expiry or the term herein created grant the Tenant a further term as provided for in SECTION 12 of the Schedule but subject to such rental as may be agreed upon the same terms and condition herein contained       SAVE AND EXCEPT this covenant for renewal. The rental for the extended period shall be based upon the prevailing market rental for the said premises.

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(2)         If  the rent hereby reserved or any part thereof shall remain unpaid for seven (7) days after becoming due (whether formally demanded or not) or in the case of a breach or non-performance of any of the stipulations mentioned herein on the part of the Tenant or if the Tenant shall become or go into liquidation then in any such case it shall be lawful for the Landlord at any time thereafter to re-enter the said premises and thereupon this tenancy shall absolutely cease and the said Deposit shall be forfeited to the Landlord.

(3)         The stamp duty and legal fees in respect of this Agreement shall be borne by the Landlord and / or Tenant in the proportion as stipulated in SECTION 13.

(4)         If the said premises are rendered partly unfit for occupation through damage by fire and abatement of rent according to the nature and extent of the damage sustained shall be allowed to the Tenant until the said premises are rendered fit and use and the amount and duration of such abatement shall be determined by an arbitrator. Provided that if the premises are rendered wholly unfit for occupation the deposit paid shall be refunded forthwith to the Tenant and this agreement shall be treated as null and void and of no legal effect.

(5)         Should the Tenant determine the tenancy hereby created at anytime before expiration of the term hereby created, the said Deposit stated in SECTION 10 shall then be absolutely forfeited by the LANDLORD.

(6)         Any notice under this agreement shall be in writing. Any notice to the Tenant shall be sufficiently served if left addressed to the Tenant at the premises or sent to the Tenant by registered post at the Tenant’s last know address and any notice to the Landlord shall be sufficiently served if sent by registered post to the Landlord at the address given herein or to his last known address.

(7)         In this agreement where the context so requires words importing the singular number or the masculine gender shall include the plural number or the feminine gender and words importing individual persons shall include corporations and vice versa.

(8)         This agreement shall be binding upon the heirs, personal representatives, assignees and successors in title of the parties hereto.

IV.       The Special Conditions hereinafter stipulated ( if any ) shall form part of this Agreement and in the event of any inconsistency of repugnant terms, the       provisions contained in the Special Conditions shall prevail.

     

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IN        WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above stated.

SIGNED by the Landlord      : ------------------------------------------------------------------

                                                NAME                           :XXX XXX XXXX                                                                                     I.C. / PASSPORT NO   :123456-XX-1234

  

SIGNED by the Tenant          : ----------------------------------------------------------------                  NAME                         :XXX XXX XXXX                                    

I.C. / PASSPORT NO  :123456-XX-1234

                       

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SCHEDULE ABOVE REFERRED TO

SECTION 1	DATE OF THIS AGREEMENT :		DATE
SECTION 2	LANDLORD :		NAME ADDRESS
SECTION 3	TENANT :		NAME
SECTION 4	THE SAID PREMISES :		ADDRESS
SECTION 5	LANDLORD’S CAPACITY :		REGISTERED OWNER
SECTION 6	TERM :		2 (TWO) YEARS
SECTION 7	DATE OF COMMENCEMENT :		DATE
SECTION 8	MONTHLY RENT :		$
SECTION 9	TIME FOR PAYMENT :		ON OR BEFORE THE 7TH OF EACH MONTH
SECTION 10	DEPOSIT : UTILITIES DEPOSIT : TNB DEPOSIT:		$ $ $
SECTION 11	PERMITTED PURPOSE (S) :		PURPOSRE
SECTION 12	FURTHER TERM :		1 (ONE) YEAR
SECTION 13	FEES AND DISBURSEMENT :		BORNE BY BOTH PARTIES

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