Tenant purchase agreement

AN AGREEMENT made the ………………day of…………….…….2013 BETWEEN URITHI HOUSING COOPERATIVE SOCIETY LIMITED a cooperative society duly registered under the ministry of cooperative development in Kenya and whose postal address is Post Office Box Number 6485-01000 Thika, hereinafter called “the vendor” which expression where the context so admits shall include its successors and assigns) of the one part AND ………………………………………………………………………………………………………….…of P.O. BOX N0. ………………………………………………. (hereinafter called “the Purchaser” which expression where the context so admits shall include his/ her personal representatives heirs and assigns) of the other part. WHEREAS IT IS AGREED as follows:- 1) The vendor will sell and the Purchaser will purchase free from encumbrances ALL THAT leasehold/ freehold unit ( room) known as………………………………. being a portion of the building and improvements to be erected on land Title Number/ LR NO.………………………………… situated at ………………………………………. and is now comprised in Sectional Plan to be availed at the vendor’s offices as room N0. ……………………………(hereinafter called “the premises” TOGETHER WITH the use of the common property appurtenant thereto and the terms and conditions that will be set out by the vendor, AND WHEREAS, it is agreed that the estate plot and/or land upon which the building will be erected shall remain registered in the name of the vendor and the purchaser shall be issued by the vendor a certificate of ownership of the premises upon abiding with the conditions set out herein after; ………………………………………………………………………. 0nly (Kshs………………………………….) which shall be paid by the purchaser to the vendor as follows:- a) The sum of Kenya Shilling ………………………………………………………………… 0nly (Kshs. ……………………………………) being …………….% of purchase price as deposit shall be paid on or before the execution of this Agreement( the receipt whereof is hereby acknowledged by the vendor ( And;- b) The balance of the purchase price to be paid by the purchaser in installments as stipulated in the “own a room forms” filled by the purchaser provided that in the event the purchaser fails to honor payments as stipulated in the said form he/she shall automatically loose the right to ownership of the premises and the vendor shall refund 90% of the payments made so far. c) That should the purchaser elect to terminate the arrangement herein before the completion of the estate building by the vendor, the purchaser shall give a 6 months notice to the vendor of such intention and upon doing so the purchaser shall upon application be entitled to 90% refund of the payments made so far. 3) IT is agreed the purchaser shall enjoy the following rights; a) To use the premises as a residential /commercial premises only. b) To sell, or lease out the premises herein provided that where the purchaser elects to sell the same ,the transfer shall only be effected in accordance with the regulation set out in the cooperative society’s Act and where the purchaser shall elect to lease it out, he shall have the option of collecting the rent from his tenant or give authority to the vendor to do so on his behalf on agreed terms. c) That there are implied easements in respect of the premises against the purchaser which the Purchaser shall abide with as here below; 1) That the premises will provide subjacent and lateral support for the common property and every other unit capable of enjoying such support, 2) That the premises will provide shelter to the common property and every other unit 3) That the premises will provide for the passage or provision of water sewerage, drainage, gas, electricity, garbage, artificially heated or cold air and other services including telephone, radios and television services through or by means of any pipe, wire, cables or ducts for the time being existing within the premises, as appurtenant to the common property and also to every other unit capable of enjoying these easements. d) That the owner of utility services as listed above or implied is entitled to the benefit of these easements as are appropriate to the proper provision of the service but not to the exclusion of any other owner of any other utility service. e) Where the purchaser acknowledges all ancillary rights and obligations reasonably necessary to make the said easements effectively apply including the right of an owner of a unit enjoying such easements against the premises, the vendor or any other person or body charged with the management of the property together with their representatives, agents with or without workmen to enter the premises and replace, renew or restore anything that other units or common property are entitled to benefit from. f) Not to erect or permit or suffer to be erected on the premises or any part thereof any major alterations or additions including but not limited to door/window grilling, alteration to gates color and design, permanent walls, internal tiling etc. Further in order to maintain uniformity the Purchaser agrees not to make alterations or additions on exterior of the premises that will change the design, color scheme or aesthetic standards of the housing estate. . g) In addition to paying the said purchase price and upon the purchaser taking possession of the premises herein on completion, the purchaser shall be paying to the vendor his/her proportionate share of rates and rent and cost of administering and maintaining the premises , and the purchaser shall be informed by the vendor of the same as and when they fall due and payment thereof shall be made upon demand. Provided that if default shall be made in payment of the levies herein for 3 months after the same shall have become due and payable, the purchaser shall be surcharged (10%) of the levy demanded. Further provided that where the purchaser fails to pay the said levies even after the surcharge, the vendor shall have the right to repossess the premises herein and refund the purchase price made so far less the levies and any other deduction that the vendor shall deem necessary. h) To pay all charges for water, conservancy, electricity and telephone raised or i) That at all times if the Purchaser is not the one living in the premises, he/she shall provide the vendor with full details of the person living in the premises and provide him or her with the conduct rules of the housing estate. The conduct rules may be obtained from the vendor. j) The Purchaser shall not do, permit or suffer to be done upon or about the premises or on the parcel of land so developed, anything which in the opinion of the vendor may be or become a nuisance to the vendor or the occupiers of neighboring premises, such acts may include but not be limited to throwing stones, sticks or water or garbage or anything else through any window, balcony, veranda turning on radios, televisions, tape recorders or any other musical instruments at full volume or any other musical instruments at full volume and making unnecessary noise by dragging furniture or banging doors unnecessarily. k) The Purchaser shall keep the interior of the said premises together with the fixtures and fittings in good repairs (fair wear and tear and damage by storm of tempest excepted) and to make good any damage caused by the willful neglect or default of the Purchaser or his/her servants, invitees or licenses of the exterior of the premises including drains, water, pipes, boundaries, or the common gardens and accesses to the premises and the parcel of land so developed which the vendor is bound to maintain. l) The Purchaser shall not keep any poultry or animal in the premises nor plant any crops or plants within the compound or other common parts. m) The Purchaser shall not brew or cause to be brewed any intoxicating liquor nor may he/she serve any intoxicating liquor or narcotic drugs to be brought upon or carry on any such trade within the premises. n) The Purchaser shall not do or suffer to be done upon the said premises anything whereby the Policy or policies of Insurance in respect of the Premises and other parts on the parcel so developed become void or voidable or the premiums are increased and in the event the same is done the Purchaser shall pay repay the vendor all sums paid by it in the way of increased premiums and all additional expenses incurred by it with respect to any renewal of such policies rendered by breach of the covenant. o) The purchaser or occupier or his/her servants, children or guests shall not hang any article, washing, or other laundry (including but not limited to clothes, carpets, mat etc) on the verandah of the common property, on windows, an exterior part of the premises or on any walls, which when viewed from outside, appear unsightly or will leave stains and marks on the mentioned common areas. p) The Purchaser or occupier shall not place or do anything on any part of the common property or on a balcony or verandah exterior walls of the block of flats, which in the discretion of the vendor, is aesthetically displeasing or undesirable without the written consent of the vendor. (these include but are not limited to running of cables, mounting satellite dished and TV aerial, pumps and any other items which may obstruct in my manner the entrance, passage, staircases and landings, etc). q) The Purchaser or occupier of the premises or his/her servants, Tenants, invitees or licensees shall abide by the Conduct Rules set and applied within the housing estate. These rules may be obtained from the vendor. 4) The vendor hereby covenants with the Purchaser as follows:- a) That while the Purchaser observes the above mentioned covenants, the vendor shall issue him/or her a certificate of ownership of the premises herein upon completion of payment of the purchase price and all other monies due under this agreement and also give the purchaser quiet enjoyment of the same upon completion of the project. b) That it shall be the obligation of the vendor to put up the project herein and abide by all existing statutory and/or by-laws pertaining to construction, manage and maintain the resultant housing estate. The scope of maintenance shall be as set out under clause here below. c) The vendor covenants with the Purchaser that the following easements are implied in favor of the premises against other occupiers and the common property:- That the premises have subjacent and lateral support from the common property and every other unit on the parcel capable of affording such support. That the premises have an easement for passage or provision of water, sewerage, drainage, gas, electricity, garbage artificially heated or cooled air and other services including telephone, radio and television services through or by means of any pipes, wires cables or ducts for the time being existing in the parcel to extent to which those pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the premises. d) That at all times the vendor may in its own or through some other agency and at the expense of the Purchaser insure and keep insurance for such amounts in such names and with such insurers as the vendor may from time to time select any building or any effects or property of any insurable nature being or forming part of the said premises together with common property appurtenant thereto:- Against such other risk as the vendor may from time to time think expedient AND the monies which become due on claims in respect of such insurance shall at the option of the vendor be applied either towards the satisfactions of the principal interest accrued and all other monies due under this agreement or in rebuilding or re-instating the Premises and/or common property appurtenant thereto destroyed or damaged; e) The vendor shall keep the exterior of the premises and the said common parts including the stair cases, verandas, paint work and all water pipe and tanks in good and substantial repairs and conditions (the Purchaser will be responsible for all internal repairs including but not limited to sanitary ware, internal water pipes, water storage tanks, windows and doors). f) The vendor shall pay all rates taxes charged and out-goings from the proceeds g) The vendor agrees that the Purchaser paying the purchase price and other monies mentioned herein in the manner indicates and observing and performing the covenants on the Purchaser’s part herein before contained shall peaceably hold and enjoy the Premises upon completion of the project herein. 5) PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED THAT:- a) The vendor reserves the right to review the amount levied in respect of services and other outgoings for the premises and common parts appurtenant thereto after such interval as it shall deem appropriate. b) The vendor shall not be liable for any loss, damage or injury to the Purchaser or occupier, his/her family, employees, servants, agents, licensees or invitees or the property of any such persons caused by resulting from or arising out of:- Any defects in the premises, lighting or other parts of the structure or equipment of the building; Any lack or shortage of electricity or water; Any burglary, theft by servant, motor vehicle scratching of paintwork, damage or theft; Any fire or explosion (however occurring) or any leaks; Any damage caused by flooding into the premises due to blocked verandah outlets or taps being left open within the premises. 6) Any Notice under this Agreement shall be in writing and shall be sufficiently served if sent to the purchaser’s last known address and notice served by post shall be deemed to have been served seven days after the date of registered posting thereof. Alternatively a notice shall be deemed to have been property served if left at the premises and the receipt thereof acknowledged by any responsible person found on the said premises. 7) AND the Purchaser accepts this Agreement subject to the conditions, restrictions and IN WITNESS WHEREOF the Common Seal of the vendor has been affixed hereunto and the purchaser has hereunto set his hand the day and year above written. SEALED with the Common Seal ) of the URITHI HOUSING COOPERATIVE ) SOCIETY LIMITED ) in the presence of:- ) ) ) ) ) ) CHAIRMAN ) …………………………………………. ) ) SIGNED by the Purchaser ) …………………………………………. ) ) IN THE PRESENCE OF:

Source: http://urithihousing.co.ke/front/download/own%20a%20room%20agreement.pdf