PROTECTED/ CONTROLLED TENANCY AGREEMENT

DATE:                    29th May 2023

 
PARTIES:             1.The Landlord:          KIM NAMJOON
P.O. Box 40169 - 00100,
NAIROBI.
 
         2. The Tenant:           LEBRON JORDAN
P.O Box 40490-00800 NAIROBI
Kenyan ID number - 28916705
 

PROPERTY: All that flat Known as L.R. Number 209/0526/1 Apartment Number A4.
Together with the fixtures and fittings therein and more particularly as may be specified in
the inventory thereof signed by parties and attached hereto.

 
TERM:                   One year commencing 29th May 2023 – 29th May 2024
 
RENT:                    The monthly rent is Kenya Shillings Two Thousand Five Hundred
only (Kshs. 2500/=) inclusive of service charge payable monthly in
advance; exclusive of water and electricity.
                                 Rent shall be deposited to the Landlord’s account through:
                                 Account Number: 6660189031
                                 Account Name: KIM NAMJOON
                                    Bank: Commercial Bank of Africa
                                    Branch: Muthaiga Street, Nairobi
 
A. It is hereby agreed that the Landlord lets and the tenant takes the apartment for term and
the rent is payable as stated above.
 
B.  The Agreement incorporates the Letting provisions printed below;
LETTING PROVISIONS

 
TENANT’S OBLIGATION:
 
1.   The tenant will:
 
a.   At the commencement of the tenancy the Tenant shall pay one month’s deposit and one
month rent totalling to Kenya Shillings Five Thousand only (Kshs 5,000/=). The deposit
is held by the landlord in a noninterest-bearing account to be refunded to the Tenant
upon expiry of the tenancy.

b.   Pay the monthly rent on or before 5th every month.

 
c.   Pay for all electricity and water, which shall be consumed /supplied to the apartment
during the tenancy. On termination of tenancy, the tenant will give copies of the paid-up
bills for all services to the Landlord.
 
d.   Not to damage or injure the apartment or make any alteration in or addition to it without
the prior written consent of the Landlord.
 
e.   Not to use or permit to be used the said property for any purpose of an illegal, immoral
or improper nature or which is injurious to the reputation of the building.
 
f.    Be responsible for all normal running repairs and maintenance in connection with
internal plumbing, water leakages, electrical and light fittings, handles, etc. and should
ensure that all are in working condition.
 
g.   Permit the Landlord or the Landlord’s agent at any arranged time to enter the property to
view the state and condition thereof and of the fixtures and fittings (if any) and execute
or do any repairs or works therein which the Landlord may deem desirable or necessary.
 
h.   Permit the Landlord or their agents at any arranged time during the last one month of the
tenancy to exhibit in the front windows or any suitable place, a notice advertising the
 property to let and during this period to allow all persons holding an order to view the
premises to enter the property and inspect the same.
 
i.    Make periodic inspection of the apartment and report immediately in writing to the
Landlord of any apparent defects which may develop in the structure of the apartment.
 
j.    Not assign, sublet, charge or part with possession of the property (or any part thereof),
without previous consent in writing of the Landlord.
 
k.   Be responsible for all damages incurred as a result of negligence or willful act of, the
tenant, his family, guests or servants and shall replace with articles of similar quality all
items which shall be lost, broken, or damaged during the tenancy.
 
l.    Use the property for private residential purpose only and will not carry on any other
business or use it for any other unlawful or unauthorized purpose.
 
m.  Not to do or permit  anything whereby any insurance of the property against loss or
damage by fire may become void or voidable, whereby the rate of premium for any such
insurance maybe increased and to pay to the Landlord all sums paid by way of increased
premium and all expenses incurred by the Landlord in or about the renewal of any such
policy rendered necessary by a breach of this covenant and all such payments shall be
added to the rent herein before reserved and be recoverable as rent
 
n.   Not to do anything or make any representation that will make him appear as the owner of
the property
 
o.   Not to park the vehicles in any place other than the parking lots provided for the use by
the tenant.

p. It is expressly assumed that a new tenancy will take off after expiry of the present
tenancy if the tenant fails to notify the landlord of their intention not to renew.
 
LANDLORD’S OBLIGATION:
 
2.   The land Landlord agrees with the tenant as follows: -
 
a.   That the Tenant paying the rent and performing the agreements on the part of the Tenant
may quietly possess and enjoy the property during the tenancy without any unlawful
interruption from the Landlord or any person claiming under or in trust for that part.
 
b.   To pay the rates and government land rent in respect of the said property.

c. With respect to any articles furnished by the landlord, obtain an order from the Rent
Tribunal to remove such furniture from the premises if need be.

d. Supply a statement of the standard rent payable within 14 days of request from the
tenant.

e. Maintain a rent book containing a record all payments of rent made and a signature from
the landlord or its agent after every entry is made.

f. With regards to unpaid rent, the landlord shall issue a one month’s notice to quit to the
tenant at the end of the tenancy month and recovery of possession shall only be done in
the view of the Rent Restriction Act.

g. The landlord shall not, in the continuance of a tenancy, obtain any payment in excess of
the rent payable from the tenant.

h. Increments in rent shall only be done where an increase in rates payments has been
occasioned or where the landlord has incurred costs in improvements to the premises.
Due notice shall be issued to the tenant and the tribunal in such a case.

i. The landlord shall maintain and keep the premises in a state of good structural repair and
in a condition suitable for human habitation.
 
 
PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED BY AND
BETWEEN THE PARTIES HERETO as follows: -
 
1.    With the leave of the rent tribunal, if the rent shall be in arrears for more than Fourteen
(14) days after the same shall have become due and payable whether formally demanded
or not, or if the Tenant shall fail to perform and observe any of the covenants herein
contained or implied, it shall be lawful for the Landlord at any time thereafter to enter
into the said property or any part thereof and to again to repossess the same without
prejudice to any right or action or remedy of the Landlord in respect of any antecedent
breach of any of the covenant herein contained or implied.
 
2.   Either party is entitled to terminate this tenancy agreement by giving One (1) month
notice in writing of such termination to be received by the other party or One (1) month
rent equivalent in lieu of such notice.
 
3.   The Landlord may on the written request from the Tenant made at least Two (2) months
before the expiry of the tenancy term, and if there shall not be any existing breach or
non-observance of any of the agreements on the part of the Tenant before,  grant to
her/him a new lease of the said apartment for a further term from the expiration of the
present term at a new rent to be mutually agreed between the two parties.
 
4.   The tenant hereby accepts this Tenancy Agreement subject to the stipulations and
provisions above referred to.

5.   The landlord shall not claim any arrears in rent as provided for in the Distress for Rent
Act unless approval is obtained from the Rent Tribunal.

6. If the Landlord is in the process of selling the Apartment and the Tenant will allow
prospective buyers access to the Apartment and also to take over the Tenancy if need be,
with the leave of the tribunal.

7. The tribunal or persons authorized by it shall have a right of entry to the premises to
carry out any duties and functions provided for by the Rent Restriction Act.
 
IN WITNESS whereof this Tenancy Agreement has been duly executed by the parties hereto
the day and year first hereinbefore written.
 
SIGNED by the said Landlord
KIM NAMJOON                   )
                       
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SIGNED by the said Tenant
LEBRON JORDAN                )
                       
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DRAWN BY:
SWEET 16 & CO. ADVOCATES LLP,
HAKI HOUSE, HAKI STREET,
P.O. BOX 10201-00400, NAIROBI.
TEL: 0200345676
EMAIL: sweet16advocates@gmail.com
 
 
 UNPROTECTED/UNCONTROLLED TENANCY AGREEMENT 

DATE:                    29th May 2023 

 
PARTIES:             1.The Landlord:          KIM NAMJOON
P.O. Box 40169 - 00100,
NAIROBI.

   2. The Tenant:            LEBRON JORDAN

P.O Box 40490-00800 Mombasa
Kenyan ID number - 28916705
 

PROPERTY: All that flat Known as L.R. Number 209/0526/1 Apartment Number A4.
Together with the fixtures and fittings therein and more particularly as may be specified in
the inventory thereof signed by parties and attached hereto.

 
TERM:                   One year commencing 29/5/2023 - 29/5/2024.
 
RENT:                    The monthly rent is Kenya Shillings One Hundred and Fifteen
Thousand only (Kshs 115, 000) inclusive of service charge payable
monthly in advance exclusive of water and electricity. Payable through
                                 Account Number: 66601954031
                                 Account Name: Rose Muema
                                    Bank: Commercial Bank of Africa
                                    Branch: Muthaiga Street, Nairobi
 
A. It is hereby agreed that the Landlord lets and the tenant takes the apartment for term and
the rent is payable as stated above.
 
B.  The Agreement incorporates the Letting provisions printed below;
LETTING PROVISIONS

TENANT’S OBLIGATION:
 
1.   The tenant will:
 
a.   At the commencement of the tenancy the Tenant shall pay two months deposit and one
month rent totalling Kshs 345,000. Two month deposit is held by the landlord in a non-
interest bearing account to be refunded to the Tenant upon expiry of the tenancy but
upon the tenant conducting all the repairs required by the Landlord.
b.   Pay the monthly rent on or before 5th every month.
 
c.   Pay for all electricity and water, which shall be consumed /supplied to the apartment
during the tenancy. On termination of tenancy, the tenant will give copies of the paid up
bills for all services to the Landlord
 
d.   Use only electricity or gas cookers and not to use charcoal or paraffin or other means of
cooking in the premises.
 
e.   Not damage or injure the apartment or make any alteration in or addition to it without the
prior written consent of the Landlord.
 
f.    Not to use or permit to be used the said property for any purpose of an illegal immoral or
improper nature or which is injurious to the reputation of the building
 
g.   Be responsible for all normal running repairs and maintenance in connection with
internal plumbing, water leakages, electrical and light fittings, handles, etc. and should
ensure that all are in working condition.
 
h.   Permit the Landlord or the Landlord’s agent at any arranged time to enter the property to
view the state and condition thereof and of the fixtures and fittings (if any) and execute
or do any repairs or works therein which the Landlord may deem desirable or necessary.
 
i.    Permit the Landlord or their agents at any arranged time during the last one month of the
tenancy to exhibit in the front windows or any suitable place, a notice advertising the
property to let and during this period to allow all persons holding an order to view the
premises to enter the property and inspect the same.
 
j.    On termination of the tenancy, paint the interior of the apartment with acceptable paint to
the satisfaction of the Landlord or the Landlord’s agents, and in the same colour scheme
as at the time of taking occupation.
 
k.   Make periodic inspection of the apartment and report immediately in writing to the
Landlord of any apparent defects which may develop in the structure of the apartment.
 
l.    Not assign, sublet, charge or part with possession of the property (or any part thereof),
without previous consent in writing of the Landlord.
 
m.  Be responsible for all damages incurred as a result of negligence or willful act of, the
tenant, his family, guests or servants and shall replace with articles of similar quality all
items which shall be lost, broken, or damaged during the tenancy.
 
n.   Use the property for private residential purpose only and will not carry on any other
business or use it for any other unlawful or unauthorized purpose.
 
o.   Not to do or permit  anything whereby any insurance of the property against loss or
damage by fire may become void or voidable whereby the rate of premium for any such
insurance maybe increased and to pay to the Landlord all sums paid by way of increased
premium and all expenses incurred by the Landlord in or about the renewal of any such
policy rendered necessary by a breach of this covenant and all such payments shall be
added to the rent herein before reserved and be recoverable as rent
 
p.   Not to do anything or make any representation that will make her appear as the owner of
the property
 
q.   Not to park the vehicles in any place other than the parking lots provided for the use by
the tenant. 
LANDLORD’S OBLIGATION:
 
2.   The land Landlord agrees with the tenant as follows: -
 
a.   That the Tenant paying the rent and performing the agreements on the part of the Tenant
may quietly possess and enjoy the property during the tenancy without any unlawful
interruption from the Landlord or any person claiming under or in trust for that part.
 
b.   To pay the rates and government land rent in respect of the said property
 
 
PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED BY AND
BETWEEN THE PARTIES HERETO as follows: -
 
1.    If the rent shall be in arrears for more than Fourteen (14) days after the same shall have
become due and payable whether formally demanded or not or if the Tenant shall fail to
perform and observe any of the covenants herein contained or implied it shall be lawful
for the Landlord at any time thereafter to enter into the said property or any part thereof
and to again to repossess the same without prejudice to any right or action or remedy of
the Landlord in respect of any antecedent breach of any of the covenant herein contained
or implied.
 
2.   Either party is entitled to terminate this tenancy agreement by giving One (1) month
notice in writing of such termination to be received by the other party or One (1) month
rent equivalent in lieu of such notice.
 
 
3.   The Landlord may on the written request from the Tenant made at least Two (2) months
before the expiry of the tenancy term, and if there shall not be any existing breach or
non-observance of any of the agreements on the part of the Tenant before,  grant to
her/him a new lease of the said apartment for a further term from the expiration of the
present term at a new rent to be mutually agreed between the two parties.
 
4.   The tenant hereby accepts this Tenancy Agreement subject to the covenants agreements
conditions restrictions stipulations and provisions above set forth or referred to.

5.   If the Landlord is in the process of selling the Apartment and the Tenant will allow
prospective buyers access to the Apartment and also to take over the Tenancy if need be.
 
IN WITNESS whereof this Tenancy Agreement has been duly executed by the parties hereto
the day and year first hereinbefore written.

SIGNED by the said Landlord       )

                       
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SIGNED by the said Tenant          )
                       
)
)
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DRAWN BY:-
SWEET 16 & CO. ADVOCATES LLP,
HAKI HOUSE, HAKI STREET,
P.O. BOX 10201-00400, NAIROBI.
TEL: 0200345676
EMAIL: sweet16advocates@gmail.com