THE REGISTRATION OF DOCUMENTS ACT
(CAP 117)
LEASE AGREEMENT
BETWEEN
HANIFA ALLY TAMBULU
(“The Lessor”)
AND
THOMAS SCURFIELD
AND
LAURA KATHLEEN CAMPBELL
(“The Lessee”)
FOR LEASE OF APARTMENT No B 6, PLOT 767 MSASANI BEACH
DAR ES SALAAM
DRAWN BY:-
HANIFA ALLY TAMBULU,
P. O. BOX
DAR ES SALAAM
THE REGISTRATION OF DOCUMENTS ACT
(CAP 117)
LEASE AGREEMENT
THIS LEASE AGREEMENT is made at Dar es Salaam on this…..day of September,
2018
BETWEEN
HANIFA ALLY TAMBULU being Administratrix of Late KITWANA SELEMANI
KONDO, a natural person living for gain within the city of Dar es Salaam. (hereinafter
referred to as “the LESSOR”, which expression shall, where the context so admits,
include his assigns, executors and other successors in title) of the one part.
AND
THOMAS SCURFIELD and LAURA KATHLEEN CAMPBELL of TCRS BUILDING 3F,
436 MIKOCHENI B, Mwai Kibaki Road, Dar es Salaam, (hereinafter referred to as “the
LESSEE” which expression shall, where the context so admits include its assigns,
executors and other successors in title) of the other part.
WHEREAS, the LESSOR is the owner of all those premises known as apartment
No. B 6, on Plot 767 Msasani Beach, Off Old Bagamoyo Road, Mikocheni Dar es
Salaam (hereinafter referred to as “the demised premises”).
AND WHEREAS the LESSOR has agreed to let the demised premises referred
hereinabove on the terms and conditions hereinafter contained.
1. THE LESSEE HEREBY COVENANTS WITH THE LESSOR as follows:
1.1. The Lessor hereby demises unto the Lessee the demised premises to hold the
same for a period of six (6) months commencing on the 24th day of September,
2018 to 23rd day of March, 2019 (hereinafter called effective date) (subject to
renewable by mutual agreement) at a monthly rent of US$1000 (US Dollars One
Thousands Only) and US$ 150 (US Dollars One Hundred and fifty) per month
being Service Charges. Total amount payable is US$ 1,150 (US Dollars One
Thousand One Hundred and Fifty only) per month.
1.2. Six month’s rental and service charges totaling to US$ 6,900 (Six Thousand
Nine Hundred United States Dollars) shall be paid in advance upon signing of
this lease agreement. Account N0. 0091016640, SWIFT CODE Extntztz Hanifa
Kiwana Kondo, EXIM BANK, Withholding tax to be deducted therefrom.
1.3. To pay the rent reserved herein without any deduction whatsoever in the manner
and upon the dates herein agreed except the 10% Withholding Tax.
1.4. To pay all charges for electricity, telephones, water, TV and cable service etc in
respect of the demised premises accrued and payable during the tenure of the
lease period.
1.5. Not to make any alterations or additions internally or externally to the demised
premises or to cut maim or injure any walls, structures, or timbers thereof.
1.6. To maintain the demised premises, including all additions thereto, fixtures, doors,
windows, locks, sanitary ware, water apparatus, electric wiring and fittings,
plumbing installations etc, in good repair and tenantable condition fair wear and
tear excepted.
1.7. Not to keep or permit to be kept on the demised premises any materials of
dangerous or explosive nature or any item the keeping of which may contravene
any statutes or local regulations or by Laws or be a cause of disturbance or
annoyance, or danger to neighbors, or the public. Not to keep any pets.
1.8. To permit the Lessor or its agents or servants to carry out any repair by giving
reasonable prior notice, and at all reasonable hours to enter and view the
condition necessary to carry out the same within one month of receiving a notice
to do so and certainly prior to vacating the premises (subject to the same being
the Lessee’s responsibility).
1.9. To use the demised premises for use and occupation as a residential premises
for use by one family only and not to assign sublet, or part with possession of the
demised premises without the previous written consent of the Lessor. In the case
of a Company any misdemeanors or breaches by the occupants shall be
automatically imputed upon the company and will jointly and severally
responsible for the breaches. Such breach includes those committed by the
agents, employees, or invitees of the Lessee, whether by carelessness or
negligence. To use the common area with diligence and care and keep it clean
and not to disturb or be a nuisance to the neighbours or the public. Not to throw
any garbage etc. except in the designated garbage bins.
1.10. Not to do or permit or suffer to be done anything, whereby any insurance of the
demised premises against loss or damage by fire or other risks covered by the
Lessor’s insurance policy may become void or increased or whereby the rate of
premium for such insurance may be increased and in such case to reimburse the
Lessor of all such excess premium and to make good any losses suffered by
such occurrence.
1.11. To yield up peacefully the demised premises to the Lessor or its agent or
nominee at the expiration of the fixed term aforesaid in good and tenantable
repair and condition in accordance with the covenants herein before contained
allowing for normal wear and tear.
1.12. To give notice of at least three (3) months before the expiry of the term hereby
created to the Lessor expressing his (Lessee’s) intention whether or not to renew
the lease for a further term.
2. THE LESSOR HEREBY COVENANTS WITH THE LESSEE AS FOLLOWS:
2.1 To keep the main structure, roof, drainage system, sewer system, walls and all
other exterior parts of the house and building comprised in the demised premises
in good repair and order.
2.2 To provide maintenance of electrical and plumbing installations.
2.3 There is one car parking spot allocated to apartment B 8 in the parking area on
the ground floor of the said building and only this can be occupied by the tenant.
2.4 To pay all existing and future land rates taxes and outgoings in respect of the
demised premises.
2.5 To insure and keep insured, at the Lessor’s discretion, the demised premises
against loss or damage by fire or such other risk as are commonly insured in
Tanzania. In case demised premises are damaged by fire, water, thunderstorm
etc., and becomes temporarily or permanently unfit for human inhabitation the
Lessor shall refund the rental for the concerned period provided the Lessee has
vacated upon the happening of such an event.
2.6 Services provided by the management of the building is listed in schedule A
2.7 Furniture and fittings provided is listed in schedule B
3. PROVIDED ALWAYS THAT IT IS HEREBY MUTUALLY AGREED AND
DECLARED AS FOLLOWS:
3.1 That if the rent hereby reserved or any part thereof shall at any time be in arrears
and unpaid for twenty one days after the same shall have become due (whether
formally or legally demanded or not) or if the Lessee shall at any time fail or
neglect to perform or observe any of the covenants and obligations herein
contained and its part to be performed and observed the Lessor shall be entitled
to re-enter and take possession of the demised premises without prejudice to any
antecedent or other claims that either partly shall have against the other.
3.2 In case the Demised Premises or any part thereof shall at any time during the
said term be so damaged or destroyed by fire or force majeure or other risk
against which the LESSOR shall have insured as to be unfit for occupation and
use then (unless the insurance money shall be wholly or partially irrecoverable by
reason solely or in part of any act or default of the LESSEE) the rents hereby
reserved or a fair proportion thereof according to the nature and extent of the
damage sustained shall be suspended until the Demised Premises shall again be
rendered fit for occupation and use and any dispute with reference to this proviso
shall be referred to arbitration in accordance with the Arbitration Act, Cap 15 and
any statutory modifications or re-enactment thereof for the time being in force.
3.3 Any notice under this lease shall be in writing and may be served on the party on
whom it is to be served either personally, or to an agent duly authorized to
receive mail, or by leaving it at the Demised Premises (if he be the LESSOR) or
at the last known place of abode, or by sending it by registered post or the
recorded delivery service to such premises or place; and in the case of a notice
to be served on the LESSOR it may be served in like manner upon any agent for
the LESSOR duly authorized in that behalf.
3.4 The provisions of this Lease may be amended from time to time by the parties
and such modifications as the LESSOR and LESSEE may agree shall be in
writing and supplemental to this Lease.
3.5 Either party may terminate this lease agreement by giving a three months notice
after occupation of the premises by the LESSEE and in the event this Lease
Agreement is terminated on the ground of default on the part of the LESSOR the
rent hereby reserved or a fair proportion thereof of the remaining lease period
shall be refunded to the LESSEE
3.6 This Agreement and all matters arising from it and any dispute, resolutions
referred to shall be governed by and construed in accordance with the laws of
the United Republic of Tanzania.
IN WITNESS WHEREOF, the Lessor and Lessee have put their respective signatures
on this agreement on the day, month and year hereinbefore appearing.
Signed and Delivered at Dar es Salaam by }
Hanifa Ally Tambulu being Administratrix of }
late Kitwana Selemani Kondo in my presence} ……..……………
this ……..day of September, 2018. } LESSOR
Name: ………………………………
Signature: ………………………….…..
Designation: ADVOCATE/NOTARY PUBLIC
Signed and Delivered at Dar es Salaam by }
Thomas Scurfield who is known to me personally }
Identified to me by ……………………………….. }
The latter being known to me personally } ……..……………
this ……..day of September, 2018. } LESSEE
Name; ………………………………
Signature: ……………………………..
Signed and Delivered at Dar es Salaam by Laura }
Kathleen Campbell who is known to me personally}
Identified to me by ……………………………….. }
The latter being known to me personally } ……..……………
this ……..day of September 2018. } LESSEE
Name; ………………………………
Signature: ……………………………..
Designation: ADVOCATE/NOTARY PUBLIC
Annex A
Service and Maintenance Details.
The following services will be provided from the collection of Service Fee
To maintain and clean the compound, garden, lobbies, passages and
stairways.
To provide and pay for lighting in the common areas
To provide and service water pump for filling the overhead water tanks
To pay for garbage collection charges to the council or private collector
To keep the stand by generator in working order excluding cost of fuel
To hire employees to undertake all the above jobs
To clean, service and maintain the swimming pool
To provide security guards from established security companies
To maintain storage and overhead water tanks
The following items will not be provided from the service charges collected
Electricity consumed by individual apartment (LUKU)
Water sewage charges
Cost of repairing Electrical faults related to TANESCO or otherwise
Generator fuel used. This will be divided on average basis between all the
occupied apartments.
Annex B
Apartment B 6 at Plot No. 767 Msasani Beach, Mikocheni, Dar es Salaam.
Inventory of Furniture and appliances.
1. Living and Dining Room:
i) Sofa set
ii) Coffee table
iii) Dining table with 4 chairs
iv) Curtains in windows and patio
v) T V table
2. Kitchen:
i) Cooker with oven
ii) Fridge
iii) Washing machine
iv) Microwave
v) Electric kettle
vi) Toaster
3. Master Bedroom:
i) Bed with mattress and headboard
ii) Two bedsides (nightstands)
iii) One dressing table
iv) Curtains in windows
4. Bedroom 2:
i) Bed with mattress and headboard
ii) Two bedsides (nightstands)
iii) One dressing table
iv) Curtains in windows