A18 Lease in Word - 1660115748237 - 1660134916372
A18 Lease in Word - 1660115748237 - 1660134916372
A18 Lease in Word - 1660115748237 - 1660134916372
Property;
Apartment No: A18
SoHo Serviced Apartments
L.R. No. 198462
P.O. Box 25306-00100
Nairobi, Kenya.
1. The Agreement;
The term of this lease shall begin on 13th August 2022 and end 2st September 2022 (renewable)
comprising a fully furnished Three (3) bedroom Apartment, to be used as a residence and for no
other purposes as the tenant may desire. The rent payable by the tenant to the landlord shall be
the sum of Kshs 200,000 inclusive of all taxes required by all applicable laws and a refundable
deposit of KSH 50,000.
The rent is inclusive of services such as scheduled housekeeping services which is twice a
week, security, electricity, internet ready television, free Wi-Fi, gym and swimming pool,
garbage collection,
Steam shower and sauna, gas , garden and compound maintenance, one (1) parking bay per
apartment. All other Apartment services shall be paid directly by the Tenant
Rent shall be payable in advance without set off and clear of all deductions. If the renter delays
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or fails to pay rent instalment on the due date, the renter shall be charged a late payment penalty
equivalent to 10% of one month’s rent.
The agreed (negotiated) company Tenancy rates are only valid for bona fide associates of the
company and may not be revealed to, or used to book for, third parties other than in accordance
with the provisions of this clause. The Tenancy rates agreed here must not be displayed directly
over the internet or in third party websites but may be packaged together with airfare and/or
other arrangements so that the rates here-in are not transparent.
2. Terms of the Agreement
2.1 These terms apply when the owner of a property (the "Landlord"), or the owner’s authorized
manager or agent, to rent the property ("the Apartment") to a renter (the "Tenant"). Under this
Agreement, the renter agrees to rent the Apartment from the owner and the owner agrees to rent
the Apartment to the renter on the terms of this agreement (the "Agreement").
2.2 The Landlord has the right to inspect the premises with a 24 hour notice to enforce the terms
of this agreement. Should the renter violate any of the terms of this agreement, the rental period
shall be terminated immediately at the sole discretion of the owner PROVIDED that in the event
the Landlord will first give to the Tenant seven (7) days’ notice of the breach and the proposed
redress which if not complied with by the Tenant within the seven days then the Landlord may
take without further notice to the Tenant whatever action he/she thinks fit to obtain the redress
required. The renters agree to vacate the premises at the expiration time and date of this
agreement. .
2.3 The Landlord warrants that he/she is the sole and lawful owner of the premises and is duly
authorized and able to enter into this Lease and perform its obligations. The Landlord also
warrants that the Tenant shall and may peacefully enjoy possession of the Premises for the Term
(and any extensions thereof), without any interruptions or disturbance from the Landlord or any
other person claiming by, from, through or under the Landlord.
2.4 If the renter shall desire to renew this agreement on the expiry of 20 DAYS term hereby
granted, the renter shall give to the owner FIVE (5) DAYS calendar months’ notice in writing
and observe all conditions herein agreed. The owner will demise to the renter the premises for a
further period on terms to be negotiated;
3. Bookings/Deposits/Cancellation of Bookings
Bookings;
3.1 A booking is made when a renter contacts the owner or agent of the Apartment, the owner
and renter agree to rent the Apartment for the term for a price (the "rental"), and the renter pays a
deposit. Confirmation of a booking will be provided to the renter once the deposit has been
received by the owner.
3.2 At the time of booking the owner may set out terms and conditions in addition to those in this
Agreement ("additional terms") which may include, without limitation, terms relating to pets,
rents, the number of people permitted to occupy the Apartment, Rental Rules and additional fees
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or costs which apply to the booking.
Deposit
3.4 Security deposit sum is refundable at the termination of this tenancy on expiration of the
lease period.
Amendments and Cancellations
3.5 Any cancellation or amendment must be in writing.
3.6 The owner may reasonably decline to amend a booking once it has been confirmed in writing
and any amendment or transfer of deposit to another booking will be at the sole discretion of the
owner.
3.7 After obtaining the prior consent of the renter, the owner may move the renter to another one
which is similar.
3.8 If the owner cancels this Agreement prior to the commencement of the term with the prior
consent of the renter,the owner will refund the renter any money paid by the renter prior to
cancellation.
4.1 The renter is responsible to the owner for all breakage, damage and destruction to any
property, fines incurred, and damage caused to the Apartment (including any contents) during
the term due to his or her negligence. The renter agrees to indemnify the owner against any direct
losses or damages suffered by the owner as a consequence of the renter’s breach of its
obligations under clause 4.1 and to immediately, on demand, reimburse the owner for all such
costs. The owner agrees to indemnify the renter against any direct losses or damages, personal
injury, suffered by the renter as a consequence of the owners’ breach of its obligations under this
Agreement and to immediately, on demand, reimburse the renter for all such costs. Each party,
respectively, shall be liable for damages to the leased Premises, caused by their own fault or
negligence, or that of their agents, and or employees and normally insured under standard
coverage
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vacated by the last day of the tenancy. The arrival and departure times may be agreed between
the owner and the renter in writing.
5.5 The owner must be provided with 48 hours’ notice of the requested arrival time of the renter
so the owner may make any necessary arrangements.
5.6 The owner accepts no responsibility for any loss, or damage, to any of the renter's personal
belongings at the Apartment.
5.7 The renter shall maintain the premises in a good, clean and habitable condition and use the
Apartment in a careful and lawful manner.
5.8 Pets and animals of any kind are not allowed in the premises.
5.9 Renters shall behave in a respectable manner and shall not disturb other owners or renters
within or in surrounding properties. Creating excessive disturbances at the sole discretion of the
landlord shall be grounds for immediate termination of this agreement and renter shall
immediately vacate the apartment and forfeit all rents paid. “Quiet hour” starts at 10.00pm and
pool and outdoor noise should be kept to a minimum. Renter shall use the property for legal
purposes only and other use, such as but not limited to, illegal drug use, abuse of any person,
harboring fugitives, etc. shall cause termination of this agreement with no refund of rents or
deposits.
5.10 Owner shall provide towels, linens, cups, knives, forks, spoons, dishes and other items as
commonly used in a rental unit. Basic utilities (Electricity, water, Wi-Fi) will be provided by the
Owner with the understanding that occasional outages will occur beyond the control of the
Landlord or Rental Management Company. In no cases will refunds or compensation be given
unless said outage affects the entire length of the renters stay.
5.11 Renter and renter’s guests shall hereby indemnify and hold harmless the Owner or Rental
Management Company against any and all claims of personal injury or property damage or loss
arising from the negligence of the renter. Renter expressly recognize that any insurance for
property damage or loss which the Owner may maintain on the property does not cover the
personal property of Renter, and that Renters should purchase their own insurance if such
coverage is desired.
6. Additional Facilities Available in the Apartment
6.1 If any additional facilities provided by the owner are used by the renter or the renter’s guests
the renter uses those additional facilities at its sole risk.
6.2 It is the renter’s responsibility to learn about safety precautions and procedures concerning
swimming in or being around the pool. Renters agree to have a responsible adult supervising
minors while they swim or play.
7. Limitation of Liability
7.1 The parties’ liability in respect of this Agreement shall be limited to the value of the rental
and other associated charges agreed at the time of booking. In no circumstances will a Party be
liable for any consequential damages of any nature, however arising and regardless of whether
that Party has been notified of the risk of them.
8. Complaints
8.1 If the renter is not entirely satisfied with the Apartment they must immediately contact the
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owner (or the owner's representative).
8.2 In the unlikely event that a complaint of the renter is not addressed by the owner during the
term, the renter may make their complaint, in writing, within 14 days after the end of the term.
9. Insurance
9.1 The owner shall insure and keep insured the premises against loss and damage by fire and
other normal comprehensive risks to the full insurable value thereof and to pay all premiums
necessary for that purpose.
9.2The renter undertakes that it will not do, permit to be done, or omit to do, any action that does
or may invalidate or adversely affect any insurance policy held by the owner in respect of the
Apartment and/or its contents.
9.3 The owner agrees to indemnify the renter against any losses or damages suffered by the
renter as a consequence of the owner’s breach of its obligations under clause 9.1.
10. Repairs
10.1 Minor appliances (T.V., home-theatre, cooker etc.) are used on an ‘as is basis”. In the event
of any malfunction, it is at the Owner’s obligation to repair but the Renter must at all times
notify the Owner of such malfunction.
10.2 The renter agrees to be responsible, and shall pay, for the repair of any plugged drains and
toilets, or sewer lines in the Apartment due to his/her/their own negligence; amount of payment
will be determined by Landlord’s plumber.
10.3 The owner agrees to commence, carry out, and complete emergency repairs within Forty
Eight {48} hours, after receiving oral or written notice from the renter. For repairs that cannot be
completed within Forty Eight {48} hours, the owner agrees to present a completion schedule for
acceptance by the renter.
10.4 The owner shall, at his own cost, be responsible for all structural maintenance and repair
work including but not limited to maintenance and repair of structural elements and systems such
as walls, ceilings, roofs, floors, foundations, plumbing and related fixtures. The renter upon
consultation with the landlord may carry out any repairs that are required to be done and the
landlord shall reimburse the renter the cost of such repairs.
11. Miscellaneous.
11.1 Valuable items (as reasonably determined by the landlord or Rental Management Company)
left behind by the renter will be held for no longer than 2 months and a reasonable effort will be
made to contact the renter for return. If the item(s) are not claimed within the time frames noted
then they will become property of the Owner and or disposed of.
12. Taxes
12.1 The Landlord accepts full and sole responsibility for the payment of all fees, taxes and other
charges of a public nature, which may be assessed against the Premises. Value Added Tax (if
any) and Expenses incurred in connection with the registration of this Lease, including
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registration charges, transaction taxes, stamp duties or other fiscal charges shall be paid by the
Tenant. Each party shall pay its own legal fees in regard to preparation and execution of this
lease
13. Termination
13.1 Either party may terminate this LEASE upon giving One (1) week prior NOTICE.
14. Dispute Resolution
14.1 The Parties agree that should a dispute arise with respect to this Lease, they shall make
good faith efforts to resolve the dispute on a business basis through negotiations. Such
consultations shall begin immediately after either of the Parties has delivered to the other written
request for such consultation.
14.2 If within fourteen 14 days following the date such notice is served the dispute cannot be
resolved, the Parties agree to submit the dispute to the Chattered Institute of Arbitrators Kenya
Branch for arbitration in accordance with its Arbitration Rules in force at the time of application
for arbitration. Such Arbitration shall be conducted in Nairobi. The arbitration fees shall be borne
by the losing Party except otherwise awarded by the arbitration commission. The decision of the
Arbitrator shall be final and binding upon the Parties to the fullest extent permissible by law.
By signing below, the tenant agrees to the terms of this Lease agreement which is made by and
between the parties and on the date as stated here below;
Tenant:
Date:
Sign:
Landlord:
Date:
Sign:
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BANK DETAILS
ABSA BANK KENYA PLC
Beneficiary Name: The SOHO Serviced Apartments Ltd
Account Number: 2042535349
Branch Code: 109 (YAYA Centre)
Swift Code : BARCKENX
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