TENANCY AGREEMENT

BETWEEN

Mrs J.T.C SIMWINGA

(LANDLORD)

AND

Mr. MIKE CHILEYA

(TENANT)

Dated this 11th day of March 2022

RELATING TO LOT 4586 FLAT AT MEZAF HOUSING

CHILENJE , LUSAKA.
THIS AGREEMENT is made on the 11th day of March 2022 between Mrs
J.T.C Simwinga of House No. 3 Marlborough House Road, Kalulushi, in the
Republic of Zambia (hereinafter called ‘the Landlord’) of the one part and
Mr.Mike Chileya,
of……………………………………………………………………………………………………………
…………………………………………………………………………………………………., Lusaka
in the Republic of Zambia (hereinafter called ‘the Tenant’) of the other part.

WITNESSETH AS FOLLOWS:

● The Landlord hereby demise unto the Tenant the property known as
LOT ON 4586 Flat MEZAF Housing Chilenje , Lusaka, Lusaka
Province of the Republic of Zambia (hereinafter called “the
Demised Property”) TO HOLD unto the tenant from the 11 th day of
March , 2022 for a term of Two (2) years (with an option to renew
for a further period of one year upon giving three (03)
months prior written notice by the tenant to the Landlords of
such an intention) and PAYING to the Landlords during the said
term hereby created the monthly rent of ZMW 2,700.00 (Two
Thousand Seven Hundred Zambian Kwacha) net, with an
initial payment equivalent to one months’ rent payable in advance
together with the equivalent of one (1) month rent, the latter of which is
refundable security deposit. The security deposit mentioned shall be
refunded to the tenant upon expiration of the lease agreement if there
shall be no material defects in the premises attributable to the tenant
and the tenant shall not be in arrears provided that if the premises will
be in good condition, the Landlord shall only withhold such amount of
the security deposit as shall be sufficient to clear the rent arrears
outstanding.

An Inspection Sheet detailing the status of the premises including fixtures and
fitting shall be completed by both the Tenant and the Landlord at the time of
handing over possession to the Tenant. The Inspection Sheet shall be annexed
to the contract.

1. THE TENANT HEREBY COVENANTS WITH THE LANDLORDS

AS FOLLOWS:

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(a) That irrespective of the date of execution, this agreement shall be
deemed to commence on the 11th Day of March 2022 (The
Commencement Date) and shall continue to endure for a term
certain from the Commencement Date until the 10 th day of March
2024.

(b) To pay the rent reserved on days and in manner aforesaid at least 7
days before the beginning of the new month.

(c) Pay all service charges as prescribed by the community Which include:
Garbbage, Security, Ground maintenance and any other that may be
prescribed by the local authorities .

(d) To keep the interior of the property and all additions thereto
including the windows and doors and sanitary and water apparatus
thereof and the Landlords’ fixtures therein in tenantable repair
except in respect of any injury or deterioration occasioned by
ordinary wear and tear or by lighting, tempest or any inevitable
accident or by any defects of repair in the roofs main walls or
structure.

(e) To keep the fixtures, fitting and Effects at the Demised property in
their present state of repair and condition and to replace any such
items which may be broken damaged or destroyed with similar
articles of at least equal value (the replacement shall first be
approved by the Landlords or the landlords’ Agents) and
immediately to replace all broken glass and windows (other than
breakage by storm) and defective taps.

(f) Not to make or permit to be made any alterations in the

construction or internal arrangements of the Demised Property and
without the previous written consent of the Landlords, to cut, alter,
damage the walls, timbers, partitions, ceiling or floor thereof or in
any way change the structure.

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(g) To permit the Landlords or the Landlords’ surveyors or other agent
with or without workmen at all reasonable times to enter upon the
demised premises with prior notice to the Tenant to enter upon the
Demised Premises or any part thereof in case of any want of repair
or decoration or for the purpose of inspecting the property or
carrying out any works of repair or for any other purpose which
would reasonably require and entitle such persons to enter the
demised premises.

(h) Not to, suffer or permit to be done anything whereby any policy of
insurance on the premises against fire effected by the Landlords
may become void or avoidable or whereby the rate of premium
thereon may be increased and to pay the Landlords forthwith all
sum from time to time paid in respect of any such increase or
premium relating to the renewal of any such policy so voided. All
such payments shall be a debt due from the tenant to the Landlords
and be recoverable by action.

(i) Not to assign, underlet or part with the possession of the demised
property or any part thereof or take in paying guests or lodgers
without the permission of the Landlords.

(j) Not to or suffer to be done on the demised property anything

immoral or which may be a nuisance or annoyance or in any way
interfere with the quiet enjoyment of the occupants of adjoining or
neighboring property.

(k) Keep all drains clear and only use sewers and plumbing in the
normal course and use.

(l) To protect the demised property at all time and take all reasonable
precautions against flooding and other damage.

(m) Keep the Premises clear of rubbish and comply with any by-laws
concerning rubbish collection.

(n) To give notice to the Landlords or their Agents immediate written

notice of any damage, destruction loss or happening to the said

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 demised property or the contents thereof whether by fire otherwise
howsoever caused.

(o) Upon receipt of any notice, order, direction or other thing from a
competent authority (including notices affecting the rates or other
outgoings in respect of the Demised premises payable in whole or in
part by the Landlords), the Tenant shall forthwith deliver a copy
thereof to the Landlords.

(p) At the determination of the term to yield up the demised premises

and all fixtures therein (except such fixtures as shall belong to the
Tenant) in such state of repair condition and decoration as shall be
in accordance with the Tenant’s covenants and in any case, unless
otherwise specifically agreed upon between the parties hereto, in no
worse a state than they were at the beginning of the term including
fittings, doors, windows, locks, hinges and fastening complete
provided that the tenant shall be under no obligation to deliver the
demised property in a better condition than they found them.

(q) To paint the internal part of the Demised Premises on the

determination of this demise with two coats of good quality paint in
a good and workmanlike manner at the tenant’s own expense.

2. THE LANDLORDS HEREBY COVENANT WITH THE

TENANT AS FOLLOWS:

(a) To pay all owners rates, taxes, assessments impositions and

outgoing payable in respect of the demised property during the term
hereby created except such as Tenant has a statutory obligation to
pay.

(b) That the Tenant paying the rent hereby reserved and observing and
performing several obligations and stipulations herein on the part of
the tenant’s part contained shall peacefully hold and enjoy the
demised property during the said term without interruptions by the

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 landlords or any persons rightfully claiming under or in trust for
them.

(c) That the Landlords shall be responsible for any structure repairs to
the house as well as fixed installation unless proved deliberate
damage or negligence by the Tenant.

(d) To respond to requests by the tenant for repair works, such repair
works being the landlords’ obligation, within a reasonable period of
time, otherwise the tenant shall have the right to carry out the said
repairs and recover the costs in full from future rentals.

3. PROVIDED ALWAYS AND IT IS HEREBY AGREED AS

FOLLOWS: -

(a) If the rent hereby reserved or any part thereof shall be unpaid after
becoming payable (whether formally requested or not) or if any
covenants on the Tenant’s part contained shall not be performed or
observed or if the tenant being a Company shall go into liquidation
(except for the purpose of amalgamation or reconstruction) or if the
Tenant being an individual shall become bankrupt or enter into
composition or arrangement with his or her creditors or suffer any
distress or execution to be levied on his goods then and in any of the
said cases it shall be lawful in accordance with the provisions of the
law for the Landlords at any time thereafter to enter upon demised
property or any part thereof in the name of the whole and
thereupon this demised shall absolutely determined but without
prejudice to any right of action of the Landlords in respect of any
breach of the tenant’s covenants hereinbefore contained.

(b) The Landlords will on the written request of the Tenant made not
less than three (3) calendar months before the expiration of the
term hereby created and if there shall not at the time of such request
be any existing breach or non-observance of any of the covenants on
the part of the Tenant grant to the Tenant a Lease of the premises

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 for a further term of one (1) year from the expiration of the said
term hereby created and containing the like covenants and
provisions as are herein contained with the exception of the present
covenants for renewal of rent.

(c) The Landlords may review the rent sooner than twelve months in
the event of any increase in Government taxes, levies and municipal
rates and other economic factors so long as Landlords give to the
Tenant three months’ notice of their intention to do so.

(d) That in the event of the said property or Demised Premises being
totally destroyed by fire or tempest or other inevitable accident the
Landlords within a period of two calendar months from the date of
the destruction as aforesaid shall be entitled to determine the
present demise upon advising the Tenant in writing of such desire
and if the Landlords fail within the said period of two calendar
months either to determine the present demise or to reconstruct the
Demised Premises the Tenant shall for a further calendar month
after the expiration of such period be entitled immediately to
determine the present demise upon advising the Landlords in
writing of such desire. Upon either party determining the present
demise in the manner aforesaid everything herein contained shall
immediately cease and become void but without prejudice to either
party right in respect of any breach of the covenants by the other
party herein contained.

(e) If the demised premises or and part thereof shall at any time
during the tenancy be destroyed or damaged by fire so as to be unfit
for habitation and use and the policy or policies of insurance
effected by the Landlords shall not have been vitiated or payment of
the policy moneys refused in whole or part in consequence of any
act or default of the tenant the rent hereby reserved or a fair
proportion thereof according to the nature and extent of damage
sustained shall be suspended until the demised premises shall again
be rendered fit for habitation and use and any dispute concerning
this clause shall be referred to a single arbitrator in case the parties

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 can agree upon one and otherwise two arbitrators one to be
appointed by each party and in either case in accordance with the
provisions of the Arbitration Act of the Laws of Zambia or any
statutory modification or reenactment thereof for the time being in
force.

(f) The Tenant will give notice in writing to the Landlords or their
Agent immediately of any defects in either the exterior or the
interior of the demised property for which the Landlords owe a duty
of care to the Tenant and third parties and the Tenant shall
indemnify the Landlords for any loss they may suffer by reason of
the Tenant not giving notice.

(g) Any notice requiring to be served on the Tenant if left addressed to

the Tenant on the Demised Premises or forwarded to the Tenant by
post to the last known place of business of the Tenant in Zambia
shall be sufficiently served on the Landlords if forwarded to the
Landlords by registered post at the Landlords’ last known address.
A notice sent by post shall be deemed to be given at the time when
in due course of post it would be delivered at the address to which it
is sent.

(h) Without prejudice to the provisions hereinbefore contained the

term hereby created shall be determinable by either party hereto
serving upon the other three (3) calendar months’ notice such notice
expiring on the last day of the three months or paying three (3)
months’ rent in lieu of such notice.

IN WITNESS whereof the Landlords and the Tenant have set their respective
hands and seals to be affixed the day and year first before written.

SIGNED SEALED AND ]

DELIVERED BY ] ………………………………………………
[Landlord] ] ………………………………………………
In the presence of:
WITNESS

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Name and Signature: ] ……………………………………………..
Address: ] ……………………………………………………..
Occupation: ] ……………………………………………………..

SIGNED SEALED AND]

DELIVERED BY ] ……………………………………………….
[Landlord] ] ……………………………………………….
In the presence of:
WITNESS
Name and Signature: ] ……………………………………………….
Address: ] ……………………………………………….
Occupation: ] ……………………………………………….

SIGNED SEALED AND ]

DELIVERED BY ] ……………………………………………….
[Tenant] ] ……………………………………………….
In the presence of:
WITNESS
Name and Signature: ] …………………………………………………….
Address: ] ……………………………………………………..
Occupation: ] ……………………………………………………..

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 INSPECTION SHEET
“The Premises”………………………………………………………………………

“The Landlord” ………………………………………………………………………

“The Tenant”…………………………………………………………………………

PURPOSE OF INSPECTION SHEET

The purpose of the inspection sheet is to:

(a) Provide for the Premises to be identified.
(b) Provide comprehensive details of fixtures, furniture and other contents;
(c) Provide for the condition of the premises and the fixtures, furniture and other contents of
the premises to be described by both the Tenant (T) and the Landlord (L/L) at the
commencement and at termination of the Agreement and for signature by or on behalf of
the Landlord and the Tenant; and
(d) Provide for a comparison check when the Tenant vacates the premises.

The following code has been used to indicate the condition of the premises, fixtures and other
contents. If however, extra space is needed, please use the comments section or attach an extra
sheet.

CLEANLINESS CONDITION INGOING OUTGOING

CODE CODE
C= Clean E= Excellent Inspected by Tenant …./……./….. …../……/……
D= Dirty G= Good
Freshly Painted A= Average Tenancy begins …./……/…….
throughout YES/NO P= Poor
B= Broken Inspected by Agent …./……/……. …./……/……
S=
Scratched/Marked Vacating date …./……/……

General Comments…………………… Keys……………………………………………………..

…………………………………………… …………………………………………………………..
………………………………………….. …………………………………………………………..

Signed on behalf of Landlord…………………………….. on ………/………./……….

Signed by the Tenant………………………………………on………./………./……….

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ROOM AND ITEM Condition at Condition at
Acceptable commencement Acceptable Termination
L/L T Date………….. L/L T Date…………
MASTER BEDROOM
1. Walls
2. Ceiling
3. Light Fits/Power Points
4. Curtain Rods
5. Windows/Flyscreens
6. Doors/Woodwork
7. Floor/Floor Tiles
8. Cabinet
MASTER BEDROOM BATHROOM/TOILET
9. Walls
10. Ceiling
11. Light Fits/Power Points
12. Curtain Rods
13. Windows/Flyscreens
14. Doors/Woodwork
15. Floor/Floor Tiles
16. Towel Rail/s
17. Bathtub
18. Wash Basin
19. Mirror
20. Shower
21. Toilet Pan & Seat
22. Toilet Cistern
BEDROOM 1
23. Walls
24. Ceiling
25. Light Fits/Power Points
26. Curtain Rods
27. Windows/Flyscreens
28. Doors/Woodwork
29. Floor/Floor Tiles
30. Cabinet
BEDROOM 2
31. Walls
32. Ceiling
33. Light Fits/Power Points
34. Curtain Rods
35. Windows/Flyscreens
36. Doors/Woodwork
37. Floor/Floor Tiles
38. Cabinet
PASSAGE
39. Walls
40. Ceiling
41. Light Fits/Power Points
42. Doors/Woodwork
43. Floor/Floor Tiles

INITIALS

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ROOM AND ITEM Condition at Condition at
Acceptable commencement Acceptable Termination
L/L T Date………….. L/L T Date…………
LOUNGE ROOM
44. Walls

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45. Ceiling
46. Light Fits/Power Points
47. Curtain Rods
48. Windows/Flyscreens
49. Doors/Woodwork
50. Floor/Floor Tiles
BAR/DINNING ROOM
51. Walls
52. Ceiling
53. Light Fits/Power Points
54. Curtain Rods
55. Windows/Flyscreens
56. Doors/Woodwork
57. Laminex
58. Floor/Floor Tiles
KITCHEN
59. Walls
60. Ceiling
61. Light Fits/Power Points
62. Curtain Rods
63. Windows/Flyscreens
64. Doors/Woodwork
65. Floor/Floor Tiles
66. Sink
67. Laminex
68. Cupboards
KITCHEN PANTRY
69. Walls
70. Ceiling
71. Light Fits/Power Points
72 Curtain Rods
73. Windows/Flyscreens
74. Doors/Woodwork
75. Floor/Floor Tiles
76. Shelves
PASSAGE TOILET
77. Walls
78. Ceiling
79. Light Fits/Power Points
80. Curtain Rods
81. Windows/Flyscreens
82. Doors/Woodwork
83. Floor/Floor Tiles
84. Toilet Pan & Seat
85. Toilet Cistern

INITIALS

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 Condition at Condition at
ROOM AND ITEM Acceptable commencement Acceptable Termination
L/L T Date………….. L/L T Date…………
BATHROOM/TOILET
86. Walls
87. Ceiling
88. Light Fits/Power Points
89. Curtain Rods
90. Windows/Flyscreens
91. Doors/Woodwork
92. Floor/Floor Tiles
93. Towel Rail/s
94. Laminex
95. Bath
96. Wash Basin
97. Mirror
98. Cabinet
99. Toilet Pan & Seat
100 Toilet Cistern
General
101. Hot Water Services
102. Electric Fence System
103. Exterior Light Fits
104. Swimming Pool light
105. Swimming Pool Pump
106. Swimming Pool walls

INITIALS

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