A TENANCY AGREEMENT made on the day and year as specified in Section 1 of Schedule A (hereinafter referred to as the “Date of the Agreement”) hereto between the party whose name and registered address are specified in Section 2 of Schedule A (hereinafter referred to as the “Landlord”) of the one part and the party whose name and registered address are specified in Section 3 of Schedule A hereto (hereinafter referred to as the “Tenant“) of the other part.
WHEREAS
(a) The Landlord is the registered proprietor and/or beneficial owner of the premises more particularly specified in Section 4 of Schedule A hereto (hereinafter referred to as the “Demised Premises“).
(b) The Landlord is desirous of letting and the Tenant is desirous of accepting the tenancy of the Demised Premises to be used solely for business purposes, upon the terms and conditions hereinafter appearing.

NOW IT IS HEREBY AGREED AS FOLLOWS :-

1. Subject to the terms and conditions hereinafter contained, the Landlord hereby lets and the Tenant hereby accepts a tenancy of the Demised Premises for the period specified in Section 5 of Schedule A hereto (hereinafter referred to as the “Term”) at the rental stipulated in Section 6 of Schedule A hereto (hereinafter referred to as the “Rental”) to be payable at the times and in the manner therein stipulated.

2. The Tenant shall upon the execution of this Agreement, pay the sum specified in Section 7 of Schedule A hereto (hereinafter referred to as the “Rental Deposit“) as security for the due observance and performance by the Tenant of the terms and conditions of this Agreement and in case of default on the Tenant’s part in the observance and performance of any of the terms and conditions hereof, the said sum shall be forfeited by the Landlord and shall not be deemed to be payment of rent in advance nor as being payment for any purpose whatsoever. Upon the expiration of the tenancy hereby created or its earlier determination after deducting therefrom such sum or sums as may be payable by the Tenant to the Landlord under the provisions of this Agreement, the deposit shall be returned to the Tenant free of interest less such sums as may then be due to the Landlord but without prejudice to any other claims which the Landlord may have against the Tenant under the terms of this Agreement.

3. The Tenant shall use the Demised Premises only for the business purpose as specified in Section 8 of Schedule A hereto(hereinafter referred to as the “Purpose”).

4. The Tenant hereby agrees, undertakes and covenants with the Landlord as follows:

(a) To pay as and when required by the Landlord an additional sum over and above the rent hereby reserved in respect of any increase in local authority or other rates taxes assessments or property tax or other imposition of a like nature by whatever name called other than quit rent (hereinafter collectively referred to as the “said Taxes”) levied and imposed upon or in respect of or attributable to the Demised Premises over and above the amount of the said Taxes levied and imposed at the date of commencement of the term hereby created.

(b) To pay all charges in respect of refuse collection, sewerage, telephone, electricity and water used in the Demised Premises and upon the execution of this Agreement pay to the Landlord a sum of money specified in Section 9 of Schedule A hereto (hereinafter referred to as the “Utility Deposit”) as deposit for the supply of electricity and water to the Demised Premises. The Tenant shall further supply to the Landlord without any formal demand copies of the utilities bills and receipts thereof evidencing payment made to the utilities authorities by the Tenant at the end of each and every month.

(c) To fully indemnify and hold harmless the Landlord from and against all claims, demands, actions, or legal proceedings whatsoever made upon the Landlord by any third party in respect of the damage to any person whomsoever caused by the negligence of the Tenant or its servant, employees, agents or licensees or by or through or in any way attributable to the leakage or overflow of water from the Demised Premises or any fines, penalties imposed by any governmental or competent authority or court in respect of such use of the Demised Premises. The Landlord shall not be under any liability whatsoever to the Tenant or to any person whosoever in respect of any damage sustained by the Tenant or such other person aforesaid caused by or through or in any other way attributable to the leakage or overflow of water from any other premises.

(d) To permit the Landlord, his servants, agents and/or licensees with or without workmen at all reasonable times to enter upon the Demised Premises to view the condition thereof and to do such works and things as may be required for any repairs alterations or improvements to the Demised Premises and forthwith repair and amend in a proper and workmanlike manner any defects or which the Tenant is liable for and of which written notice has been given to the Tenant or left at the Demised Premises.

(e) To keep the interior of the Demised Premises, the flooring and interior plaster and other surface material on walls and ceilings, and the Landlord’s fixtures thereon including doors, windows, glass, shutters, locks, fastenings, electric wire, installations and fittings for light and power and other fixtures and additions thereto in good and tenantable repair and clean condition (fair wear and tear excepted) and to replace repaint and repair any of the aforesaid items and any part of the Demised Premises and the Landlord’s fixtures and fittings therein which are broken or damaged due to negligent or careless acts or omissions of the Tenant and if any damage is caused to the Landlord or to any person whomsoever directly or indirectly through the damaged condition of any part of the interior of the Demised Premises (flooring, walls, ceilings, doors, windows and other Landlord’s fixtures) the Tenant shall be wholly responsible therefore and shall fully indemnify the Landlord against all claims, actions and legal proceedings whatsoever by whomsoever made upon the Landlord in respect thereof.

(f) To use the Demised Premises only for the Purpose and not to store or bring upon the Demised Premises arms, ammunition or unlawful goods, gunpowder, kerosene or any explosive or combustible or radioactive substance in any part of the Demised Premises and not to replace or leave at the entrance or stairways, passages or corridors around or leading to the Demised Premises any boxes or rubbish or otherwise encumber the same and to keep the Demised Premises in a clean and sanitary condition.

(g) At the determination of the tenancy to quietly yield up the Demised Premises and all additions thereto and all the Landlord’s fittings fixtures therein in good and tenantable repair and condition in accordance with the Tenant’s covenants herein contained (fair wear and tear excepted) and in as far as practicable possible, to restore the Demised Premises to its original state,

(h) To comply with all laws, rules and regulations for the time being in force affecting touching or concerning the use of the Demised Premises or any part thereof or in respect of any matter connected with the business (if any) carried on in the Demised Premises or the Tenant’s use thereof whether or not such matters are specifically mentioned in this Agreement and to indemnify the Landlord fully against all claims, demands, actions, fines, penalties and legal proceedings of whatsoever nature whether civil or criminal in respect of any breach by the Tenant of such laws, rules and regulations.

(i) At any time three (3) months before the expiry or sooner determination of the Term, to allow the Landlord from time to time together with prospective tenants to enter the Demised Premises by prior appointment to view and/or to inspect the Demised Premises.

(j) Not to carry out any renovations or structural alterations and/or construction works in the Demised Premises or any part thereof without first obtaining the written consent of the Landlord and, in the event of such consent being given, to carry out at the Tenant’s own expenses such alterations with such materials and in such manner and at such times as shall be designated by the Landlord and at the determination of the Tenancy, in as far as practicable possible to restore the Demised Premises to their original state and condition at the expense of the Tenant. If at all the Tenant is desirous of fixing wall units of air conditioners and or ventilation fans which warrants the breaking down or hacking of the walls, the walls shall in as far as practicable possible be restored to its original state by the Tenant at its own cost and expense at the end of the Tenancy.

(k) Not to install any additional electrical socket, plug or electrical power point or electrical motor or engine or appliance without the previous written consent of the Landlord provided that such consent shall not be unreasonably withheld if the Tenant shall at its own costs and expense obtain a certificate from a qualified electrical engineer and the Landlord’s architect that any installation of such electrical socket plug or electrical power point or electrical motor engine or appliance shall not overload or cause damage to the power supply or to any of the existing electrical installations in the Demised Premises or to install any air-conditioning equipment or unit without the consent of the Landlord.

(l) Not to damage or to deface or to cause or to permit any servant or agent of Tenant to damage or to deface any part of the Demised Premises or any common passages while moving any furniture, equipment, fittings, fixtures, or any other things whatsoever or at all and forthwith to repair repaint and make good or pay to the Landlord the costs of making good such damage or defacement.

(m) Not to do or permit anything to be done onto the Demised Premises and shall guard against damage by fire, which may cause any insurance policies on the Demised Premises to become void or voidable or whereby the premium thereon may be increased. The Tenant shall repay on demand all sums payable to the Landlord and make good all damages or expenses suffered by or incurred by the Landlord, by way of increased premium in any renewal of such insurance policy or policies, which was rendered necessary by the breach or non-observance of this covenant, without prejudice to any other rights of the Landlord.

(n) Not to use the Demised Premises for any illegal, unlawful or immoral purposes and not to do or permit to be done any act or thing which may become a nuisance or give reasonable cause for complaint from any of the other tenants or occupiers of any other premises adjoining or near the Demised Premises.

(o) Not to assign, under-let or part with the actual or legal possession or the use of the Demised Premises or any part thereof for any term whatsoever without the previous consent in writing of the Landlord first had and obtained PROVIDED ALWAYS that in the event of the Tenant assigning under-letting or parting with the actual or legal possession or use of the Demised Premises or any part thereof in contravention of the provisions of this clause, the Landlord may, without prejudice to its rights under this Agreement, collect from any assignee, under-lessee or other person in possession of the Demised Premises or any part thereof all rent and other money as aforesaid, which collection of such rent and other monies shall be not deemed to be acceptance by the Landlord of such person or persons as assignees, under-lessees, tenants or occupiers of the Demised Premises or any part thereof.

(p) Not to use the Demised Premises or any part thereof for carrying on any business or activity which causes the accumulation of dirt, rubbish or debris of any sort in or outside the Demised Premises or which would cause an unreasonable amount of noise or which in the opinion of the Landlord would be undesirable or unsuitable to occupiers of other premises adjoining or near the Demised Premises.

(q) Not to permit any sale by auction to be held on the Demised Premises.

(r) Not to carry out any business, trade or activity without licence if so required from the appropriate authorities nor contravene any laws pertaining to the business trade or activity and not to use the Demised Premises in dealing with coffin business, funeral parlours or any other paper work relating to funeral rites.

(s) At the Tenant’s own expense insure and keep insured throughout the whole of the Term goods, stocks, inventories, furniture fittings and other items in the Demised Premises belonging to the Tenant against lost by theft and burglary and also to take up a public liability assurance policy to cover claims for damages arising out of death, and or injuries that may be suffered by the Tenant’s distributors, customers, invitees, licensees, guests, agents, servants or workmen and to be responsible for and to keep the Landlord fully indemnified against all damages, losses, costs, expenses, actions, demands, proceedings, claims and liabilities made against or suffered or incurred by the Landlord arising directly or indirectly from such loss, death, injuries or otherwise mentioned.

5. The Landlord hereby covenants with the Tenant as follows :

(a) To bear, pay and discharge all quit rent and assessment rates imposed on and payable in respect of the Demised Premises.

(b) To permit the Tenant to quietly enjoy the Demised Premises during the tenancy hereby created without interruption by the Landlord or any person claiming under or in trust for the Landlord if the Tenant punctually pays the rent and all sums from time to time payable by the Tenant.

(c) To keep the main structure of the Demised Premises and common parts of the building in which the Demised Premises is situated in good and tenantable repair and condition (fair wear and tear excepted).

(d) In case the Demised Premises or any part thereof should at any time during the tenancy hereby created be destroyed or damaged by fire, explosion, lightning, riot or any other cause or Act of God so as to be unfit for occupation or use, then and in every such case, the Landlord shall not be bound or compelled to rebuild or reinstate the same. If the Landlord decides to rebuild and reinstate the Demised Premises and the Tenant decides to continue with the tenancy (provided the money payable under any policy of insurance effected by the Landlord shall not have become irrecoverable through any act or default of the Tenant, its servant or agent) the Rental payable herein or a fair and just proportion thereof according to the nature and extent of the damage sustained shall be waived or suspended or ceased to be payable until the Demised Premises shall have again been rendered fit for occupation and/or use. In the event the Tenant decides not to continue with the tenancy the Tenant shall serve one (1) month’s notice on the Landlord and upon expiration of the said notice the Rental Deposit less whatever due to the Landlord shall be refunded to the Tenant and the Utility Deposit shall be refunded to the Tenant upon proof of payment of the utilities bills by the Tenant. In the event of the Landlord not deciding to rebuild or reinstate the Demised Premises, then the Rental payable herein shall cease and determine from the happening of such destruction or damage as aforesaid (provided such destruction or damage did not arise through the act or default of the Tenant, servant or agent) and the Tenant shall peaceably and quietly surrender and yield up to the Landlord possession of the Demised Premises and the Landlord shall not be liable to make good, compensate or refund to the Tenant the balance (if any) of the Rental paid for the remaining period of that month nor be liable in anyway whatsoever to the Tenant for any damage to his stocks in trade, goods, furniture and fittings as a result of the fire howsoever caused and the Rental Deposit less whatever due to the Landlord shall be refunded to the Tenant and the Utility Deposit shall be refunded to the Tenant upon proof of payment of the utilities bills by the Tenant.

6. If the Rental or any other sum payable by the Tenant or any part thereof shall be unpaid after being payable in accordance with this Agreement (whether formally demanded or not) or if the Tenant shall make default in the observance or performance of the covenants on its part herein contained or if the Tenant shall have a receiving order made against it or shall make any assignment for the benefit of its creditors or enter into any agreement or make any arrangement with its creditors by composition or otherwise or suffer any distress or attachment or execution to be levied against its good or being a company enter into liquidation whether compulsorily or voluntarily (except for the purpose of reconstruction or amalgamation), then in any such event, it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises or any part thereof in the name of the whole and thereupon this Agreement shall absolutely determine but without prejudice to the rights of the Landlord in respect of any breach of the Tenant’s covenants herein contained.

7. If as a result of the introduction or implementation of any new laws, by-laws, rules or regulations or the amendment of existing laws, by-laws or regulations by the appropriate authority or authorities requiring any changes or modification to the structure of the Demised Premises or the building in which it is situated, the Landlord reserves the full right and liberty at his own cost and expense to comply with such requirements and no change or modification to the structure or otherwise of the Demised Premises carried out by the Landlord shall annul this Agreement nor shall it be the subject of any claim by the Tenant.

8. If as a result of the introduction or implementation of any new laws, by-laws, rules or regulations the appropriate authority or authorities requires any changes or modification to the partitions or other work carried out by the Tenant to the Demised Premises the Tenant shall forthwith upon notice from the Landlord proceed to change or modify the partitions or other works in the Demised Premises to comply with the requirements from the appropriate authority or authorities failing which the Landlord may attend to the changes or modifications in which event all costs and expenses incurred by the Landlord shall be a debt due from the Tenant and be recoverable by action.

9. No indulgence given by the Landlord shall constitute a waiver of or prejudice the Landlord’s rights herein contained.

10. All legal costs, stamp duties, other incidental costs incurred or penalty imposed pursuant to the preparation and execution in respect of this Agreement shall be borne by the Tenant.

11. Any notice, approval or request required or permitted to be given, demand, legal process or document in legal proceeding to be served on any party hereto pursuant to this Agreement shall be in writing and shall be deemed to have been properly and sufficiently served for all purposes if left at or sent by prepaid registered post to the address of that party specified in Section 10 of Schedule A hereto (hereinafter referred to as the “Notice Addresses”).

12. Time shall be of the essence of this Agreement.

13. The terms of the tenancy hereby created shall in addition to the foregoing terms and conditions, be subject to the Special Conditions (if any) set out in Section 11 of Schedule A hereto (hereinafter referred to as the “Special Conditions”).

14. The Schedule hereto shall be read and construed as an essential part of this Agreement.

15. In this Agreement, unless the context otherwise requires

(a) Where two or more persons are specified as being the “Landlord” or the “Tenant” they shall be jointly and severely liable under this Agreement; and,

(b) Words importing the masculine gender shall include the feminine and neuter genders and vice versa and word importing the singular number shall include the plural and vice versa.

16. This Agreement shall be binding upon the heirs, personal representatives, successors in title and assigns of the Landlord and the Tenant.

17. Save as expressly provided in this Agreement, neither party shall assign nor otherwise transfer this Agreement, or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of the other.

18. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the remaining provisions.

19. Failure by either party to enforce at any time any of the provisions of this Agreement shall not be construed as a waiver of any continuing breach of any provision or any other provision of this Agreement or as a waiver of any rights under this Agreement.
20. This Agreement shall be construed and interpreted in accordance with the Laws of ……………

IN WITNESS WHEREOF the authorised signatory of the Landlord and Tenant have executed this Agreement the day and year as stated in Section 1 of Schedule A.

The Landlord

SIGNED by )
for and on behalf of the Landlord in )
the presence of :- )

…………………………………………………

Director
……………………………………
Witness
Name:

The Tenant

SIGNED by )
for and on behalf of the Tenant in )
the presence of :- )
…………..………………………………………

Director

……………………………….….
Witness
Name:

SCHEDULE A

Section	Description	Details
1	Date of the Agreement
2	Landlord
3	Tenant
4	Demised Premises
5	Term	Two (2) years commencing from
6	Rental	$XXXX only per month to be paid in advance on or before the 7th day of each calendar month.
7	Rental Deposit	Equivalent of 2 (two) months rental $XXXXX
8	Business Purposes	To use as office and warehouse only.
9	Utilities Deposit	$XXXXXX
10	Notice Addresses	1. Landlord’s Address:- 2. Tenant’s Address:
11	Special Conditions	1. The Tenant shall hereby agreed that the Landlord has the right to reject further renewal or to grant to the Tenant a further term of tenancy depends on the Landlord’s absolute discretion upon the expiration of this Agreement. 2. Without prejudice to anything written in this Agreement the Landlord and the Tenant hereby agree that either party may terminate the tenancy agreement by serving on the other one (1) month’s notice and upon expiration of the said notice, the Landlord shall refund the Rental Deposit to the Tenant less whatever sum that may be due to the Landlord and the Utility Deposit shall be refunded to the Tenant upon proof of payment by the Tenant of the utilities bills of the Demised Premises and Tenant shall forthwith without any delay vacate and deliver the Demised Premises in the same state and condition, fair wear and tear excepted to the Landlord.

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