THE REPUBLIC OF UGANDA
In the matter of the Land Act, Cap 227
In the Matter of the Registrations Act, Cap. 230
TENANCY AGREEMENT
This Tenancy Agreement is made in regard to {{property_address}}, {{property_address_ii}}, in {{pty_county}}, {{pty_district}} District/ City on {{date_of_occupancy}},
Between
{{landlord_first_name}} {{landlord_surname}}, of {{landlords_address}} {{landlords_address_ii}}, {{landlord_district}} - hereinafter referred to as the "Landlord" (which expression shall, where the context so admits, include his/her heirs, executors, administrators, and assigns),
AND
{{tenant_name}} {{tenant_surname}}, of {{tenant_current_address}} {{tenant_current_address_2}}, {{tenant_district}} - hereinafter referred to as the "Tenant" (which expression shall, where the context so admits, include his/her heirs, executors, administrators, and permitted assigns).
WHERE AS THE PARTIES HERETO UNDERSTAND:
{{additional_terms_to_this_contract}}
1.
PREMISESThe Landlord hereby lets to the Tenant the premises described as {{type_of_property}} located at {{property_address}}, {{property_address_ii}}, in {{pty_county}}, {{pty_district}}, (the "Premises") together with all improvements and fixtures thereon.
2.
TERMThe tenancy shall commence on {{date_of_occupancy}}, and shall continue for a period of {{duration}}, unless earlier terminated in accordance with the terms herein.
3.
RENTThe Tenant agrees to pay the Landlord a monthly rent of UGX {{rent_amount_per_month}} ({{rent_amount_in_words}}), payable in advance on or before the 5th day of each month. Payments shall be made to:
Account Name:
{{account_title}} Bank Name:
{{name_of_financial_institution}}Account Details:
{{account_number}}or via Mobile Money/ Wallet payments to the details below:
Mobile Money Network:
{{mobile_money_network}}Account Name:
{{mobile_wallet_account_name}}Account/ Phone Number:
{{phone_number}}A receipt shall be issued upon each payment.
4.
SECURITY DEPOSITThe Tenant shall, upon execution of this agreement, pay a security deposit of UGX {{security_deposit}} ({{security_deposit_in_words}}) refundable at the end of the tenancy, less deductions for any damages beyond normal wear and tear or unpaid rent/utilities.
5.
USE OF PREMISESThe Tenant shall:
Use the premises for {{property_use}} unless otherwise agree or authorised by the landlord;
Not engage in illegal or nuisance-causing activities;
Not assign or sublet without written consent of the Landlord.
6.
REPAIRS AND MAINTENANCEThe Tenant shall maintain the Premises in a clean and habitable condition.
Minor repairs due to normal use shall be the Tenant’s responsibility.
Major structural repairs (not caused by the Tenant’s negligence) shall be the Landlord’s responsibility.
7.
INSPECTIONThe Landlord or their agent may enter the premises upon giving at least 24 hours’ notice, for inspection or repair, provided such access is at reasonable hours.
8.
UTILITIESUnless otherwise agreed:
The Tenant shall be responsible for all utility bills including electricity, water, garbage collection, and other applicable services.
9.
TERMINATIONThis Agreement may be terminated by either party by giving {{termination_notice}}' written notice. Upon termination:
The Tenant shall vacate and return the premises in the same condition as received, subject to fair wear and tear. Where no incidental costs or outstanding payment obligations remain outstanding at the termination of this tenancy, the Landlord shall return the security deposit (less any lawful deductions) to the tenant or such other party designated by the tenant, within {{termination_notice}}. Where the security deposit is returned and remitted to any party designated by the tenant, such settlement shall render the security deposit duly returned and settled.
10.
BREACHDefinition of Breach: A breach of this Agreement shall be deemed to have occurred if either party fails to perform any of its material obligations under this Agreement, including, but not limited to:
The Tenant's failure to pay rent in full and on time.
The Tenant's failure to maintain the premises in the condition required by this Agreement.
The Tenant's use of the premises for any purpose not permitted by this Agreement.
The Landlord's failure to provide the Tenant with quiet enjoyment of the premises.
The Landlord's failure to maintain the premises in a habitable condition.
The Landlord's unlawful eviction of the tenant.
Remedies Available to the Landlord: In the event of a breach of this Agreement by the Tenant, the Landlord shall be entitled to pursue all remedies available at law, including, but not limited to:
Termination: The Landlord may terminate this Agreement upon providing the Tenant with the notice required by law or this Agreement.
Eviction: The Landlord may initiate eviction proceedings to recover possession of the premises in accordance with the law as well as seek to recover damages from the Tenant for any losses suffered as a result of the breach, including, but not limited to:
Unpaid rent.
The cost of repairing any damage to the premises caused by the Tenant.
Lost rental income.
Legal fees and expenses incurred in enforcing this Agreement.
The Landlord may seek an injunction to prevent the Tenant from continuing the breach. Where circumstances warrant, the Landlord may seek specific performance of the Tenant's obligations, or may exercise the right of distress for rent in keeping with the applicable laws of Uganda.
In the event of a breach of this Agreement by the Landlord, the Tenant shall be entitled to pursue all remedies available at law, including, but not limited to:
Termination: The Tenant may terminate this Agreement upon providing the Landlord with the notice required by law or this Agreement or seek to recover damages from the Landlord for any losses suffered as a result of the breach, including, but not limited to:
The cost of obtaining alternative accommodation.
Loss of quiet enjoyment.
Personal injury or property damage caused by the Landlord's breach.
At the election of the Tenant, they may seek an injunction to prevent the Landlord from continuing the breach or where warranted, seek specific performance of the Landlord's obligations, such as the obligation to repair the premises. Additionally, The Tenant may be entitled to a reduction in rent to reflect the diminished value of the premises due to the Landlord's breach.
Only with the express and written permission of the landlord shall the tenant be entitled to carry out necessary repairs and offset the cost from the rent, under this agreement.
Mitigation of Damages: Both parties shall be obligated to take all reasonable steps to mitigate any damages resulting from a breach of this Agreement.
No Waiver: No waiver by either party of any breach of this Agreement shall be deemed a waiver of any subsequent breach.
Cumulative Remedies: The remedies provided in this Agreement are cumulative and shall not preclude either party from pursuing any other remedies available at law or in equity.
11.
GOVERNING LAWThis Agreement shall be governed by and construed in accordance with the laws of the Republic of Uganda. The parties hereby submit to the exclusive jurisdiction of the courts of Uganda in any legal action, suit, or proceeding arising out of or relating to this Agreement, including, but not limited to, matters concerning:
The interpretation, construction, validity, and enforceability of this Agreement.
The rights and obligations of the Landlord and Tenant under this Agreement.
Any breach or alleged breach of this Agreement.
The termination of this Agreement and any related matters.
All matters of procedure, evidence, and remedies related to any such action, suit, or proceeding.
Specifically, and without limitation, this choice of law shall extend to and include the application of the Landlord and Tenant Act, 2022, and any other relevant legislation, regulations, or legal principles pertaining to tenancy agreements and contractual relationships of a similar nature within Uganda. It is the express intention of the parties that this choice of law clause shall be given full force and effect, notwithstanding any conflict of laws principles that might otherwise direct the application of the laws of another jurisdiction.
12.
ModificationsThis Agreement may be modified or amended only by a written instrument signed by both the Landlord and the Tenant. No modification, amendment, or waiver of any provision of this Agreement shall be valid or effective unless it is in writing and signed by both parties.
No course of dealing, usage of trade, or oral agreement between the parties shall be deemed to modify, amend, or waive any provision of this Agreement. In particular, but without limitation, the Landlord's acceptance of rent after the expiration of the term of this Agreement or after the occurrence of an event giving rise to the Landlord's right to terminate this Agreement shall not be deemed a renewal of this Agreement or a waiver of the Landlord's right to terminate.
Any modification or amendment to this Agreement shall be effective only with respect to the specific provision modified or amended, and shall not affect any other provision of this Agreement. The parties agree to review this Agreement periodically and to make such modifications or amendments as may be necessary to reflect changes in the law or the circumstances of the parties, provided that any such modifications or amendments shall be in writing and signed by both parties.
13.
ADDRESSES FOR NOTICETo the Landlord's Address:
{{landlords_address}}, {{landlords_address_ii}}, {{landlord_district}}, {{landlord_email}}.
To the Tenant's Address:
{{tenant_current_address}} {{tenant_current_address_2}}, {{tenant_district}}, {{tenant_email_address}}.
14.
SeverabilityIf any provision of this Agreement is held to be invalid, illegal, or unenforceable, in whole or in part, by a court of competent jurisdiction, such provision shall be severed from this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall be construed as if the invalid, illegal, or unenforceable provision had never been a part of this Agreement.
The parties further agree that if any provision of this Agreement is held to be invalid, illegal, or unenforceable, the court shall, if possible, modify or reform the provision to make it valid, legal, and enforceable while preserving the original intent of the parties to the greatest extent possible. If such modification or reformation is not possible, the court shall sever the provision as provided in the first paragraph of this Severability clause.
IN WITNESS WHEREOF, the parties have executed this agreement on the date first above written.
Signed by the said Landlord: ___________________________
Name:{{landlord_first_name}} {{landlord_surname}}
Signature: {{landlords_signature}}
Date: ____________________________
Signed by the said Tenant: ___________________________
Name:{{tenant_first_name}} {{tenant_surname}}
Signature: {{tenants_signature}}
Date: ____________________________
Witnessed by:
Name: ___________________________
Signature: _______________________
Address: _________________________
Date: ___________________________