Online Reporter
Trust Maanda
Legal Position
A LEASE agreement is an agreement where on person agrees to make another person occupy or use it for a fee.
A lease agreement is a document outlining the rental terms for a property between the property owner, also known as the landlord or lessor, and the one renting, also known as the tenant or lessee.
Usually, people enter into lease agreements for the use or occupation of premises for commercial or residential purposes.
An effective lease agreement is very important as it protects all parties involved throughout the length of the lease.
There are key clauses in the agreement that you should be careful to include. You must make sure you include the names of the lessor and lessee, description of the property and the amount or rent.
Property description contains details such as the stand or plot number, or address, square metres, amenities, and other important identifiers. If it is a house with four bedrooms, kitchen, bathroom, lock up garage, walled and gated etc, such can be mentioned.
A lease should explain the type of lease, such as residential, and the terms, such as how the property should be handled.
There should be a clause on who should repair what in the event of damage.
A lease can state that the lessor shall be responsible, only to repair for fair wear and tear, but not for damages inflicted by the lessee such as breaking of windows, cupboards and other attachments or appurtenances of the property. Parties should list what maintenance and repairs are provided by the landlord.
The lease should specify who is responsible for replacing geyser elements and electrical bulbs.
The lease may even state how the garden should be maintained or even how many people can be resident at the premises at any given time.
You may find 20 people dwelling in a three-bedroom house. That brings pressure on the facilities.
The duration of the lease should be stated and how it should terminate. Methods to terminate the agreement prior to the expiration date must be included.
The lease may state that it either terminates by either party giving the other notice, it must state how many months’ notice, If it terminates by expiry of its duration or is cancelled by breach, that must be stated.
The terms and conditions that are essential to the lease must be stated so that if they are breached, the innocent party may rely on them to allege breach or cancel.
The amount of rent must have the due dates of their payment stated. If there will be a grace period for the payment, the lease should say the charges for late payment. This will deter delays in payment. When or at what intervals rent can be reviewed should not be overlooked.
Parties can sometimes agree on the mode of rent payment and the currency of payment, especially in our case as a country.
The lease should provide for rights and obligations of the parties. For example, how the landlord should come and inspect his property and when to exercise that right.
A tenant has a right to peaceful and quiet possession of the property he or she leases.
The landlord should not come at odd and unreasonable times to inspect the property for this disturbs the right of occupation. When a lessee pays rent, he or she is buying the right to occupy undisturbed.
A lease should explain who is responsible for paying which utilities such as water, electricity rates for the property and other charges.
If there are any restrictions like restrictions against making of improvements on the property by the lessee, that should be stated.
A lessee may not improve the property without written consent.
Mostly agreements state that improvements can be made with the written approval of the lessor which should not be unreasonably withheld. The restrictions may prohibit installing of additional appliances or making changes to permanent fixtures.
The lease must state how disputes will be revolved and the steps to resolve any disputes over the property or lease agreement.
In the event that the matter goes to litigation, the parties should agree what scale of costs is applicable, which the losing party will pay to the other.
A clause that says any relaxation or extension of time that either party may give to the other should not be regarded as a waiver of that other party’s right to insist on prompt performance, is necessary and should be included.
There are many other protective provisions that can be included in a lease.
If you can afford the services, the agreement must be prepared by experts such as lawyers or estate agents. In the long run it will prove to be a wise decision.
Trust Maanda is a legal practitioner and a partner at Maunga Maanda And Associates. He writes in his personal capacity. He can be contacted on +263772432646.
