1.1. The landlord hereby lets and the Tenant hereby takes the demised property.
1.2. Monthly rent shall be paid by the tenant which is refundable on vacation of the premises net of all outstanding utility bills accruing to the tenant at the termination of the tenancy and any damages to the property.
1.3. The refundable deposit shall be refunded by Cheque after a period of one (1) month from the date when the tenant vacates the house.
1.4. For the initial period rent payment shall be six (6) months in advance and for the subsequent months, shall be six (6) months in advance.
1.5. The rent payable shall be reviewed after a period of one (1) year , mutually agreed upon and shall from thenceforth be payable six (06) months in advance.
The TENANT hereby agrees with the LANDLORD as follows:
2.1. To pay the said rent hereby reserved in the manner aforesaid without any deduction whatsoever and for avoidance of doubt the rent shall become due and payable in advance in the following bank account:
Account Name: TOPLINE INVESTMENTS LTD
Bank: BANK OF AFRICA
Account No: 10209136007
2.2. To pay or cause to be paid and discharge all electricity, water and sewerage whatsoever imposed or charged upon the premises during the term hereby created and for any period over and above the said period during which the Tenant remains in occupation of the premises whether with or without the Landlord’s authority.
2.3. To use the premises exclusively for commercial purposes only.
2.4. To use only electric or gas cookers in the interior and not use charcoal or paraffin or other means of cooking in the interior of the said premises.
2.5. To keep the fixtures, fittings, effect and conveniences of the premises in good and substantial and tenable repair and condition.
2.6. To keep the premises and any area otherwise allocated to the Tenant clean and tidy and free from rubbish so as to cause a nuisance to other tenants or occupants of neighbouring buildings in accordance with the requirements of the Public Health Regulations and/or Authority Regulations related hereto and as maybe directed from time to time by City Authority or health authorities and so to leave the same in the same state at the end or sooner determination of the tenancy.
2.7. Upon expiration or sooner determination of the said term to deliver up the premises in as good repair and condition as they were on commencement and in accordance with the convents herein above contained but with reasonable wear and tear and damages arising from inevitable occurrences such as storm, tempest, flood, landslides.
2.8. To pay for the replacement or make good repair all such articles fittings broken, lost or damaged or destroyed by the TENANT and/or their guests or representatives during the tenancy and to replace any keys (or the appropriate locks) which are shown on the inventory and which are lost, broken, damaged or destroyed.
2.9. To be responsible for and indemnify the landlord against all damage occasioned to the demised premises or any adjacent or neighbouring premises or to any person by any act, negligence of the tenant or servants, licenses.
2.10. Not to permit any open or internal combustion fire to be burned within the premises, whether by his/her/its officers, employees, sub tenants and other agents acting for and on his/her/its behalf.
2.11. Not at any time without the previous consent of the landlord to introduce or permit to be introduced into the premises any gas burning apparatus, fuel containers and inflammable materials whether for the purpose of repairing or altering the premises or for any other purpose. These materials being materials of whatever description in respect of which the manufacturers thereof warn against the dangers of fire associated with the use or presence of these materials.
2.12. In the event of any damage to the building, any death or injury directly or indirectly caused by the burning of any open or internal combustion fire or by the introduction of any inflammable material (whether or not with consent) the tenant will indemnify the landlord against all losses claims demands resulting there from including (without prejudice to the generality of this indemnity) current costs of replacement, loss of income and public liability.
2.13. To execute all actions in respect of use of the premises or any part thereof by the occupier for the purpose authorized by this Agreement (as under, or by virtue of, any law, rules, regulations, bye-laws, notices, orders or directions of the Laws of Uganda.
2.14. To keep and upon expiration or sooner termination of the said period hereby created, deliver up the premises together with the LANDLORD’S fixtures and fittings to the LANDLORD in such a state of repair and condition, order and preservation as shall be in accordance with the obligations of the TENANT’S part herein before contained (fair wear and tear expected).
2.15. Not to make any alterations or additions and shall not demolish or structural damage any of the walls or timbers thereof and shall not permit the aforesaid things to be done to the said premises without the prior consent of the LANDLORD.
2.16. Not to assign or sublet or part with the possession of the premises or any part thereof without prior written consent of the LANDLORD.
2.17. Not to do or permit or suffer to be done anything in or upon the said premises or any part thereof which may at any time be or become a nuisance or annoyance to the neighbours or injurious or detrimental to the reputation of the said premises.
2.18. To notify the LANDLORD in writing immediately on taking possession of the property of the need for any repairs to or in the property or of the fact that any part of the property, including any lock. Key, door, window, appurtenance, fixture or fittings is damaged, missing or out of order.
2.19. To notify the LANDLORD one month in advance if they intend to renew the tenancy or not. If they do not intend to renew, then to let the LANDLORD or its authorized agents have access to the premises to show other potential tenants around.
The LANDLORD hereby agrees with the TENANT as follows:
3.1. To handover the property in tenable condition as it was prior to this tenancy.
3.2. To ensure the provision of essential services (power, water and any other as may be agreed by the parties) in accordance with this Tenancy.
3.3. To clear and/or take responsibility for all outstanding utility bills including as applicable but not limited to electricity, water and sewerage that were incurred before the commencement of the term of this tenancy.
3.4. To pay city rates, ground rent and all other taxes and levies which are payable for the demised premises.
3.5. To allow the tenant, paying the rent hereby stipulated and performing and observing the covenants herein before contained, to peacefully hold and quietly enjoy the premises for the term hereby granted without any interruption by the landlord and any person claiming through, under or in trust for the landlord.
4.1. The LANDLORD or its authorized agents retain the right to enter the said premises during reasonable times to carry out inspection and to examine the state and condition of the interior of the said premises.
4.2. The TENANT will also during the last month of the tenancy permit any person(s) to enter and inspect the said premises at reasonable times upon production of instructions from the LANDLORD or its authorized agents, provided that all such visits are arranged in advance by appointment.
4.3. If the rent shall at any time during the period of the tenancy be more than 30(thirty) days in arrears whether legally demanded or not or if the TENANT shall omit to perform or to observe any of the covenants herein contained then the LANDLORD or its authorized agents retain the right to terminate the tenancy and assume possession of the said premises immediately and distress for rent without recourse to courts of law and/or court order, in addition to taking whatever action they think fit to recover the arrears of rent without notice to the TENANT including attaching
such a portion of the tenant’s property as is sufficient to satisfy this amount in exercise of his right to distress for rent and the same shall be auctioned within thirty (30) days to realize the amounts due.
4.4. The TENANT shall have the first option for any renewal or extension of the lease on the said premises, on the terms to be agreed upon between the LANDLORD and the TENANT provided there shall not at the time of such request be any existing breach of non-observance of any of the covenants, conditions and provisions herein contained or implied on the part of the TENANT.
4.5. The TENANT shall provide his/her own day/night security services and shall take every reasonable care to ensure that such services are properly discharged. No warranty or guarantee is given to this effect and the LANDLORD is under no liability whatsoever to the TENANT, their licenses, invitees or employees against any injury, damage or loss caused by burglary, theft or otherwise.
4.7 The tenant is responsible for management of disposal of his/her waste.
A failure by any party to exercise and any delay, forbearance or indulgence by any party in exercising any right, power or remedy under this agreement shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. The single or partial exercise of any right, power
or remedy shall not prevent any other or further right, power or remedy. No custom or practice of the parties at variance with the terms of this agreement shall constitute a waiver of the rights of any party under this agreement. The rights, powers and remedies provided in this agreement are cumulative and not exclusive of any rights, powers or remedies provided by law.
This entire agreement and understanding between the parties with respect to the subject matter of this agreement in relation to such subject matter supersedes all prior discussions, understandings and agreements between the parties and their agents or any of them and all prior representations and expressions of opinion by any party of its agents to any other party or its agents.
7.1. This agreement shall be governed by and constructed in accordance with Ugandan law and in relation to any legal action or proceedings arising out of or in connection with this agreement, each of the parties submits to the executive jurisdiction of the High Court of Uganda.
7.2. The parties irrevocably consent to any process in a legal action or proceedings in connection with this agreement being served on it accordance with the provisions of this agreement relating to the service of notices. Nothing contained in this agreement shall affect the right to serve process in any other manner permitted by law.
8.1. Either Party may terminate the Tenancy at any time by giving three (3) months’ prior written notice to do so PROVIDED that either Party may unilaterally terminate without notice, in case of extraordinary situation, event such as war or natural catastrophe. In the event of termination, rent paid in advance shall be refunded to the tenant on condition that the tenant introduces a new tenant to the landlord to pay for the period he had paid in advance, failure of which the Tenant shall not be entitled to any refund.
8.2. Any failure by the Tenant to give notice of his/her intended termination, shall entitle the Landlord to payment in lieu of notice equivalent to three (3) months’ rent.
8.3. Any action under this Tenancy shall be in writing and any notice to the tenant shall be sufficiently served if left addressed to the Tenant, at the Premises demised or sent to her by registered post to her last known address in Uganda and notice to the Landlord shall be served personally or sent to him by registered post to her last known address in Uganda or served on any agent authorised by her to receive rent.
9.1. If any dispute or question whatsoever shall arise between the parties hereto with respect to the construction of effect of this tenancy or any clause or thing herein contained or the rights, duties or liabilities of either party under this tenancy otherwise in connection with the demised premises the matter in dispute shall be determined initially by way of mediation (within a period of 30 calendar days) by appointed of a single mediator approved by both parties in writing failing which, the matter will be referred to a competent Court of jurisdiction in accordance with the Laws of Uganda.
9.2. In the event of a submission for arbitration as in hereinabove provided the costs and expenses incidental thereto and any charges including disbursements and legal charges of the aforementioned arbitrator(s) shall be paid and met by the unsuccessful party to any such arbitration hereinbefore provided for.
Any notice in writing, fax or email to the tenant shall be sufficiently served if addressed and delivered to the demised premises on a working day and notice to the landlord shall be sufficiently served if addressed and delivered to its registered office or posted to it by registered post. Notice posted to the tenant shall be deemed to have been served within fourteen days following the date on which it is posted.
1.1. The landlord hereby lets and the Tenant hereby takes the demised property.
1.2. Monthly rent shall be paid by the tenant which is refundable on vacation of the premises net of all outstanding utility bills accruing to the tenant at the termination of the tenancy and any damages to the house.
1.3. The refundable deposit shall be refunded by Cheque after a period of one (1) month
from the date when the tenant vacates the house.
1.4. For the subsequent months, rent payments shall be one (1) months in advance.
1.5. The rent payable shall be reviewed every after a period of twelve months, mutually
agreed upon and shall from thenceforth be payable one (1) month in advance.
The TENANT hereby agrees with the LANDLORD as follows:
2.1. To pay the said rent hereby reserved in the manner aforesaid without any deduction
whatsoever and for avoidance of doubt the rent shall become due and payable in
advance in the following bank account:
Account Name: TOPLINE INVESTMENTS LTD
Bank: BANK OF AFRICA
Account No: 10209136007
2.2. To pay or cause to be paid and discharge all electricity, water and sewerage
whatsoever imposed or charged upon the premises during the term hereby created
and for any period over and above the said period during which the Tenant remains
in occupation of the premises whether with or without the Landlord’s authority.
2.3. To use the premises exclusively for residential purposes only.
2.4. To use only electric or gas cookers in the interior and not use charcoal or paraffin or
other means of cooking in the interior of the said premises.
2.5. To keep the fixtures, fittings, effect and conveniences of the premises in good and
substantial and tenable repair and condition.
2.6. To keep the premises and any area otherwise allocated to the Tenant clean and tidy
and free from rubbish so as to cause a nuisance to other tenants or occupants of
neighbouring buildings in accordance with the requirements of the Public Health
Regulations and/or Authority Regulations related hereto and as maybe directed from
time to time by City Authority or health authorities and so to leave the same in the
same state at the end or sooner determination of the tenancy.
2.7. Upon expiration or sooner determination of the said term to deliver up the premises
in as good repair and condition as they were on commencement and in accordance
with the convents herein above contained but with reasonable wear and tear and
damages arising from inevitable occurrences such as storm, tempest, flood,
landslides.
2.8. To pay for the replacement or make good repair all such articles fittings broken, lost
or damaged or destroyed by the TENANT and/or their guests or representatives
during the tenancy and to replace any keys (or the appropriate locks) which are
shown on the inventory and which are lost, broken, damaged or destroyed.
2.9. To be responsible for and indemnify the landlord against all damage occasioned to
the demised premises or any adjacent or neighbouring premises or to any person by
any act, negligence of the tenant or servants, licenses.
2.10. Not to permit any open or internal combustion fire to be burned within the
premises, whether by his/her/its officers, employees, sub tenants and other agents
acting for and on his/her/its behalf.
2.11. Not at any time without the previous consent of the landlord to introduce or permit
to be introduced into the premises any gas burning apparatus, fuel containers and
inflammable materials whether for the purpose of repairing or altering the premises
or for any other purpose. These materials being materials of whatever description in
respect of which the manufacturers thereof warn against the dangers of fire
associated with the use or presence of these materials.
2.12. In the event of any damage to the building, any death or injury directly or indirectly
caused by the burning of any open or internal combustion fire or by the introduction
of any inflammable material (whether or not with consent) the tenant will indemnify
the landlord against all losses claims demands resulting there from including (without
prejudice to the generality of this indemnity) current costs of replacement, loss of
income and public liability.
2.13. To execute all actions in respect of use of the premises or any part thereof by the
occupier for the purpose authorized by this Agreement (as under, or by virtue of, any
law, rules, regulations, bye-laws, notices, orders or directions of the Laws of Uganda.
2.14. To keep and upon expiration or sooner termination of the said period hereby
created, deliver up the premises together with the LANDLORD’S fixtures and
fittings to the LANDLORD in such a state of repair and condition, order and
preservation as shall be in accordance with the obligations of the TENANT’S part
herein before contained (fair wear and tear expected).
2.15. Not to make any alterations or additions and shall not demolish or structural damage
any of the walls or timbers thereof and shall not permit the aforesaid things to be
done to the said premises without the prior consent of the LANDLORD.
2.16. Not to assign or sublet or part with the possession of the premises or any part
thereof without prior written consent of the LANDLORD.
2.17. Not to do or permit or suffer to be done anything in or upon the said premises or
any part thereof which may at any time be or become a nuisance or annoyance to the
neighbours or injurious or detrimental to the reputation of the said premises.
2.18. To notify the LANDLORD in writing immediately on taking possession of the
property of the need for any repairs to or in the property or of the fact that any part
of the property, including any lock. Key, door, window, appurtenance, fixture or
fittings is damaged, missing or out of order.
2.19. To notify the LANDLORD one month in advance if they intend to renew the
tenancy or not. If they do not intend to renew, then to let the LANDLORD or its
authorized agents have access to the premises to show other potential tenants
around.
The LANDLORD hereby agrees with the TENANT as follows:
3.1. To handover the property in tenable condition as it was prior to this tenancy.
3.2. To ensure the provision of essential services (power, water and any other as may be
agreed by the parties) in accordance with this Tenancy.
3.3. To clear and/or take responsibility for all outstanding utility bills including as
applicable but not limited to electricity, water and sewerage that were incurred before
the commencement of the term of this tenancy.
3.4. To pay city rates, ground rent and all other taxes and levies which are payable for the
demised premises.
3.5. To allow the tenant, paying the rent hereby stipulated and performing and observing
the covenants herein before contained, to peacefully hold and quietly enjoy the
premises for the term hereby granted without any interruption by the landlord and
any person claiming through, under or in trust for the landlord.
4.1. The LANDLORD or its authorized agents retain the right to enter the said premises
during reasonable times to carry out inspection and to examine the state and
condition of the interior of the said premises.
4.2. The TENANT will also during the last month of the tenancy permit any person(s)
to enter and inspect the said premises at reasonable times upon production of
instructions from the LANDLORD or its authorized agents, provided that all such
visits are arranged in advance by appointment.
4.3. If the rent shall at any time during the period of the tenancy be more than 30(thirty)
days in arrears whether legally demanded or not or if the TENANT shall omit to
perform or to observe any of the covenants herein contained then the LANDLORD
or its authorized agents retain the right to terminate the tenancy and assume
possession of the said premises immediately and distress for rent without recourse to
courts of law and/or court order, in addition to taking whatever action they think fit
to recover the arrears of rent without notice to the TENANT including attaching
such a portion of the tenant’s property as is sufficient to satisfy this amount in
exercise of his right to distress for rent and the same shall be auctioned within
thirty (30) days to realize the amounts due
4.4. The TENANT shall have the first option for any renewal or extension of the lease
on the said premises, on the terms to be agreed upon between the LANDLORD
and the TENANT provided there shall not at the time of such request be any
existing breach of non-observance of any of the covenants, conditions and
provisions herein contained or implied on the part of the TENANT.
4.5. The TENANT shall provide his/her own day/night security services and shall take
every reasonable care to ensure that such services are properly discharged. No
warranty or guarantee is given to this effect and the LANDLORD is under no
liability whatsoever to the TENANT, their licenses, invitees or employees against
any injury, damage or loss caused by burglary, theft or otherwise.
4.6. The tenant is hereby notified that the said apartment has maximum capacity of
Three (03) occupants.
4.7 The tenant is notified that all residents have a right to privacy and freedom from
unreasonable disturbance like noise.
4.8 The tenant is responsible for management of disposal of his/her waste.
A failure by any party to exercise and any delay, forbearance or indulgence by any
party in exercising any right, power or remedy under this agreement shall not operate
as a waiver of that right, power or remedy or preclude its exercise at any subsequent
time or on any subsequent occasion. The single or partial exercise of any right, power
or remedy shall not prevent any other or further right, power or remedy. No custom
or practice of the parties at variance with the terms of this agreement shall constitute
a waiver of the rights of any party under this agreement. The rights, powers and
remedies provided in this agreement are cumulative and not exclusive of any rights,
powers or remedies provided by law.
This entire agreement and understanding between the parties with respect to the
subject matter of this agreement in relation to such subject matter supersedes all
prior discussions, understandings and agreements between the parties and their
agents or any of them and all prior representations and expressions of opinion by any
party of its agents to any other party or its agents.
7.1. This agreement shall be governed by and constructed in accordance with Ugandan
law and in relation to any legal action or proceedings arising out of or in connection
with this agreement, each of the parties submits to the executive jurisdiction of the
High Court of Uganda.
7.2. The parties irrevocably consent to any process in a legal action or proceedings in
connection with this agreement being served on it accordance with the provisions of
this agreement relating to the service of notices. Nothing contained in this agreement
shall affect the right to serve process in any other manner permitted by law.
8.1. Either Party may terminate the Tenancy at any time by giving one (1) month’s prior
written notice to do so PROVIDED that either Party may unilaterally terminate
without notice, in case of extraordinary situation, event such as war or natural
catastrophe. In the event of termination, rent paid in advance shall be refunded to
the tenant on condition that the tenant introduces a new tenant to the landlord to pay
for the period he had paid in advance, failure of which the Tenant shall not be
entitled to any refund.
8.2. Any failure by the Tenant to give notice of his/her intended termination, shall entitle
the Landlord to payment in lieu of notice equivalent to three (3) months’ rent.
8.3. Any action under this Tenancy shall be in writing and any notice to the tenant shall
be sufficiently served if left addressed to the Tenant, at the Premises demised or sent
to her by registered post to her last known address in Uganda and notice to the
Landlord shall be served personally or sent to him by registered post to her last
known address in Uganda or served on any agent authorised by her to receive rent.
9.1. If any dispute or question whatsoever shall arise between the parties hereto with
respect to the construction of effect of this tenancy or any clause or thing herein
contained or the rights, duties or liabilities of either party under this tenancy
otherwise in connection with the demised premises the matter in dispute shall be
determined initially by way of mediation (within a period of 30 calendar days) by
appointed of a single mediator approved by both parties in writing failing which, the
matter will be referred to a competent Court of jurisdiction in accordance with the
Laws of Uganda.
9.2. In the event of a submission for arbitration as in hereinabove provided the costs and
expenses incidental thereto and any charges including disbursements and legal
charges of the aforementioned arbitrator(s) shall be paid and met by the unsuccessful
party to any such arbitration hereinbefore provided for.
Any notice in writing, fax or email to the tenant shall be sufficiently served if
addressed and delivered to the demised premises on a working day and notice to the
landlord shall be sufficiently served if addressed and delivered to its registered office
or posted to it by registered post. Notice posted to the tenant shall be deemed to
have been served within fourteen days following the date on which it is posted.
