房屋租赁合同LeaseAgreement（英文）

TENANCY AGREEMENT
This TENANCY AGREEMENT is made this ___day of _____, 2008 between the Landlord Mr. ________________ (hereinafter referred to as the “Landlord” or "Party A") and the T enant ________________ Company Limited (hereinafter referred to as the “T enant” or "Party B"); and
WHEREAS the Landlord agrees to let and the T enant agrees to take the lease of premise located on ___________________ in accordance with the terms and conditions contained in this Agreement; and
THEREFORE it is mutually agreed by and between the Parties as follows:
Party A (Landlord): Mr.
Address:
T elephone:
Facsimile:
Party B (Tenant):
Occupants: Mr./Mrs.
Address:
T elephone:
Facsimile:
1. TENANCY
1.1 Party A owns all residential Flat located and erected on ___________
(hereinafter referred to as the “Flat”)and therefore has the full right to dispose the Flat. A copy of the Real Estate Ownership Certificate (Attachment I) issued by the ________________ Real Estate and Land Administration authority showing that Party A is the legal owner of the Flat shall be attached to as a part of this Agreement.
1.2 Both Parties agree that the Flat shall include all furniture, fixtures and fittings
in the Flat. A list of all the furniture, fixtures and fittings (Attachment II) shall be attached to as a part of this Agreement.
The Parties agree to count, check and agree on all items of the Flat
contained in Attachment II upon singing of this Agreement.
1.3 Party A represents and guarantees that
1.3.1 the Flat shall be clean, tenantable and free from any and all encumbrances
in any manner when it is leased to Party B;
1.3.2 Party A shall have no outstanding bills for utilities charges such as telephone,
electricity, water, gas, etc. on the Flat at the commencement date of this Agreement;
1.3.3 Party A shall provide Party B with a complete right of continuous and
non-interruption occupancy of the Flat during the lifetime of this Agreement;
and
1.4 Party A further represents and guarantees that in case there is any claim
arisen out of or related to the Flat at the date of commencement of this Agreement Party A shall fully compensate Party B for any and all costs and expenses incurred by Party B therein.
2. TERM, EXPIRATION AND TERMINATION OF TENANCY
2.1 T erm
The Parties agree that Flat is hereby leased for a term of ____ years,
commencing on _________, 2008 and expiring on ________, 200_.
2.2 Expiration
Upon expiration of this Agreement, Party A shall be entitled to take back the Flat in full, and Party B shall deliver the Flat in full on the date of expiration.
2.3 T ermination
Party B may terminate this Agreement by giving a prior two-month’s written
notice to Party A or paying an amount equivalent to two-month’s rental to
Party A in lieu of notice.
3. RENTAL AND PAYMENT TERMS
3.1 The rental for the Flat is _____________________ only per month
3.2 This rental amount includes all property fees, related taxes and charges, but
is exclusive of charges on utilities (water, gas, electricity, etc.) and of telephone fee, which shall be born by Party B.
3.3 The rental shall be paid in advance on a quarterly basis. Party B shall make
its rental payment before the first calendar day of each and every three-month payable to the following:
Party A’s opening bank:
Account name:
Account number:
Party A shall deliver an officially valid receipt to Party B for each and every payment made by Party B within 7 days after receiving each and every rental payment.
3.4 Any and all other fee, charges and/or taxes arisen out of and related to this
Agreement including but not limited to the property tax and rental tax, which Party A is required to pay in accordance with the relevant Kenyan laws and regulations shall be paid solely by Party A.
Party A agrees to indemnify Party B and to hold Party B harmless against any claim made or might be made with respect to fees, charges, and/or taxes by any third party in relation to the rent under this Agreement.
3.5 The rental cannot be increased during the term of this T enancy Agreement.
4. DEPOSIT
4.1 Party B agrees to pay a deposit of ____________ only equaling to
one-month rental (hereinafter referred to as the “Deposit”) to Party A within __ days upon signing of this T enancy Agreement. The Deposit shall be payable into the account designated by Party A. Upon expiration or termination of this Agreement and no renewal happens, Party A shall return the Deposit in full to Party B without any interest within 15 days before the expiration or termination of this Agreement.
5. RESPONSIBILITIES OF PARTY B
5.1 Party B shall pay the Rental, Deposit and utilities charges as set out in this
Agreement on time. Failure to make rental payment and/or the related charges shall constitute a breach of this Agreement.
5.2 During the term of this Agreement, Party B shall take a good care of and be
responsible for maintaining the Flat in a good condition. Party B shall also maintain a good condition of the gardens and fences (if any) surrounding the Flat and shall not make any nuisance or annoyance to the neighbors or be injurious or detrimental to the good reputation of the Landlord.
5.3 Upon expiration or termination of this Agreement, Party B shall deliver the
Flat back to Party A in full, together with the furniture, fixtures and fittings therein, except for fair wear and tear during the term of this Agreeme nt.
5.4 During the term of this Agreement, Party B shall not sub-let the Flat， except
under the situation in Article 7.2 of this Agreement, without first obtaining the
prior written consent of the other Party, which consent shall not be unreasonably withheld, denied or delayed.
5.5 During the term of this Agreement, Party B shall not erect, install or remove
any fixtures or partitioning, or make any structural additions and/or alternations without the prior written consent of Party A, which consent shall not be unreasonably withheld.
5.6 During the term of this Agreement, Party B shall be responsible for any
costs/expenses for replacement of, or making good repair of, or restoring all those furniture, fixtures and fittings that are broken, damaged or destroyed, except for fair wear and tear.
5.7 Party B shall be responsible for all costs/expenses of repair on damages on
walls, ceilings, floors, windows and doors in the Flat due to Party B’s negligence or willful misconduct, except for fair wear and tear.
5.8 During the term of this Agreement, Party B shall only be allowed to use the
Flat for personal residential purpose except Party B obtains a written consent from Party A for another usage of the Flat.
5.9 Party B shall allow Party A and/or its authorized representative(s) under
reasonable circumstances to enter and view the Flat at a mutually agreeable time, to enter and carry out the structural work and to repair electrical circuits, water pipes and drains, which are necessary to be done, provided Party B
receives a prior oral or written notice from Party A.
6 RESPONSIBILITIES OF PARTY A
6.1 Party A shall pay any and all deed and other related taxes/fees, including but
not limiting to Ground Rent (if any), stamp duty, the unimproved site value tax together with all increases in site value tax and land rent/fee, rates, taxes, charges, outgoings, impositions and assessments, which now or may hereinafter imposed or assessed by the respective authorities in respect of or arising in connection with this Agreement after the commencement of this Agreement.
6.2 Party A guarantees that the Flat shall be made fully available for occupation
at the commencement date of this Agreement. Party A assures that the Fla t shall be clean and tenantable with all services and supplied appliances in good working order and to keep the structure roof and the outside of the Flat in a good condition with well repaired and painted where necessary.
Party A shall not visit, interrupt or otherwise enter into the Flat during the term of this Agreement unless Party A under reasonable and necessary circumstances sends a notice to and receives consent from Party B, in order for Party B to possess and enjoy quiet and peaceful Flat.
6.3 Party A shall be responsible for maintaining all kinds of furniture, equipment
and fixtures in the Flat, the carriageways, car parking areas, paths and fences surrounding the Flat and for keeping away from potholes, except when the damages are made due to Pa rty B’s negligence or willful misconducts.
6.4 Party A ensures that on the commencement date of this Agreement all
adequate security and fire prevention and other related services shall be sufficiently provided and that all electricity, water, gas, telecommunications, sewage system and other public utilities and services have been properly installed on the Flat so as to serve Party B's intended use of the Flat in a manner necessary, sufficient and convenient. Party A shall at its expenses arrange for the provision to Party B the above utilities services on a continuous and uninterrupted basis.
6.5 Party A shall be responsible for repair in accordance with this Agreement
reasonable wear and tear and those facilities which are the responsibility of Party A.
6.6 Party A is not permitted to take back the Flat during the term of this
Agreement without reason.
7 ASSIGNMENT OR SUBLETTING
7.1 During the term of this Agreement, neither Party may assign, transfer or sell
any of its rights and/or obligations under this Agreement without first obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld, denied or delayed.
7.2 Notwithstanding the above paragraph, the Parties acknowledge that the Flat
is leased by Party B for the residence of employees of Party B's or Party B's affiliated entities and that one employee of Party B or its affiliated entities may move out and be replaced by another employee in taking occupancy and residency of the Flat. The Parties agree that under such a circumstance, the replacement of resident employees of Party B or its affiliated entities in the Flat shall not constitute an assignment of Party B's rights or sublet of the Flat and shall not require consent from Party A.
However Party B shall provide a written list of new occupants with Party A when such a replacement happens.
8. BREACH OF AGREEMENT
Subject to Article 9 of this Agreement and unless otherwise provided in this Agreement, if one Party fails to perform any of its obligations under this Agreement, it is in breach of agreement and the breaching party shall take any and all responsibility of compensation to the innocent party.
In case Party B delays to pay the Rental for up to 30 days, Party A shall give
a warning notice to Party B for a grace period of 30 days. In case Party B
pays the Rental within the 30 days, Party A shall continue to keep this Agreement valid. In case Party B still fails to pay the Rental due within these
30 days, Party A is entitled to terminate this Agreement and claim for
compensation of the damages due to Party B’s breach of this Agreement. 9. FORCE MAJEURE
If the Flat is substantially destroyed or damaged by fire, bad weather, war, force major, or other causes beyond the control of Party A and not attributable directly or indirectly to the negligence or malice of Party B or are otherwise rendered unfit for use or occupation, the rent shall cease to be payable from the date the Flat becomes unfit for use or occupation until the Flat shall again be rendered accessible and fit for use, however, that the Party A shall be under no obligation to repair the Flat, when in Party A’s opinion, it is not reasonably or economically or practically to do so. If such an event occurs, Party A shall give a written notice to Party B, and the deposit paid and rent prepaid by Party B shall be returned in full within 10 days of said notice.
10. INSURANCE
Party A shall be responsible for purchasing policy on property insurance and other relevant insurances in an amount which shall equal no less than the full replacement value of the Flat against loss or damage by fire and other hazards within the coverage of a standard form of fire and extended coverage policy for the Flat.
Party B shall be responsible for purchasing policy to insure all objects owned by occupants in the Flat.
11. REPRESENTATION
The Parties agree that for the purpose of this Agreement, either Party is entitled to appoint one or more authorized representatives to perform his/its obligations under this Agreement. Each Party shall issue a signed letter of authorization to each and every representative and the representatives shall present the letter of authorization to the other Party when performing obligations under this Agreement.
12. DISPUTE RESOLUTION
Party A and Party B shall settle all disputes arising from the interpretation, performance, dissolution or termination of this Agreement or in connection with this Agreement through friendly consultation.
In case no settlement can be reached, either party shall have the right to
submit the dispute to _______________________ Court. In the course of settling disputes, the Agreement shall be continuously executed by both Parties except for the part, which is under arbitration.
13. MISCELLANEOUS
13.1 This Agreement shall come into effect on the signing date by the authorized
representatives of the Parties and shall remain in force and binding on the Parties until its expiration or early termination.
13.2 This Agreement shall be written in English versions with 2 originals and each
Party shall keep one original copy.
13.3 Any amendments and modifications to this Agreement shall be subject to
agreement by the Parties in written form.
13.4 This Agreement together with its Attachments shall constitute the entire
agreement between the Parties and supersede all prior discussions, negotiations, agreements and expressions of intent or understanding with respect to the subject matter of this Agreement.
13.5 Any delay by either party in exercising any of its rights hereunder shall not be
deemed to be a waver of such rights in any way.
13.6 All notices and other communications to be sent under this Agreement shall
be writing in English. Notices may be sent by courier, registered airmail or personal delivery to the Parties at their addresses as set out below:
(1) if to Party A
Attention:
Fax:
T elephone:
E-mail:
(2) if to Party B
Attention:
Fax:
T elephone:
E-mail:
Notices shall be deemed delivered on the following dates:
(1) by messenger, on the date of delivery;
(2) by registered mail, on the date (7) days after the postage payment of
the mail (i.e. seven (7) days after the postmark);
(3) by fax or E-mail on the first working day after the date of sending.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by duly authorized representatives as of the day and year first written above.
Party A:
Signed By: ________________________
Name: ________________________
Title: ________________________
Date: ________________________
Party B:
Signed By: ________________________
Name: ________________________
Title: ________________________
Date: ________________________
Attachments:
Attachment I: Real Estate Ownership Certificate
Attachment II: List of Furniture, Fixtures and Fittings。