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DATED THIS ………………………DAY OF……………………………….2009
AGENCY AGREEMENT
BETWEEN
ADIDUM INVESTMENT CORPORATION LIMITED
AND
ANTONY KIMANI
DRAWN BY
P. W. MBUGUA-MUDIDA
ADVOCATE
P.O. BOX 21310-00505
NAIROBI
AGENCY AGREEMENT
This agreement made this …………… day of …………………..2009 between ADIDUM
INVESTMENT CORPORATION LIMITED registered under the COMPANY LAW ACT CAP 486 OF
Laws of Kenya of P.O. BOX 20110-00200 NAIROBI and having its registered office at NAIROBI
herein called the AGENTS (which expression shall where the context permits include its
successors and assigns )on the one part and ANTONY KIMANI OF P.O BOX 21310 -00505
hereinafter called the CLIENT (which expression shall where the context allow include any
permitted successors and assigns) on the other part.
WHEREAS :
1) The client is the registered owner of the apartment known as Apartment No. D7 (hereafter
referred to as “the property”) located on all that piece of land registered as LR No. 330/550
situated along Riara Road at Riara Downs in Nairobi.
2) The client has agreed to lease the aforementioned property to a tenant for a period of one
year with the rent payable every month in advance and in accordance with the lease
agreement between the client on one part and tenant on the other part.
3) The agents are agreeable to act for the client herein in accordance with this agency
agreement and in relation to the tenancy agreement mentioned herein above.
IT IS HEREBY AGREED as follows:
1) That ADIDUM INVESTMENT CORPORATION LIMITED is hereby appointed the sole
managing agents of the clients with respect to the aforementioned property
2) That the agent shall charge the client a commission of five per centum (5 %) of the rent
payable for the aforesaid property and for all services rendered by the agents to the client
in respect to the property hereof
3) That the client will indemnify the agent against liabilities ,claim and or actions that may
arise when acting on behalf of the client in regard to the aforementioned property provided
such actions are consequent to exercise of agent’s apparent and or express authority
within the agency agreement.
4) That the client will be liable for the costs consequent to expenses incurred or antecedent
by the agent while carrying out clients obligations under the tenancy agreement with the
client’s tenants.
5) That this agency agreement may be terminated by either of the parties to this agreement-
by giving the other party a sixty (60) days notice in writing served to the other party in his
last known postal address.
6) That the agents hereby undertake and agree with the client that they shall at all times
during the continuance of this agreement observe and perform the terms and conditions
set out in this agreement and in particular:
(a) They shall collect the rent due from the tenants monthly in advance and deposit
the said rents in the client’s bank account less the commission due to them.
(b) They shall ensure that the service charge due from the tenant of the client to the
management company of the aforesaid premise is promptly paid in advance at the
commencement of every month.
(c) They shall ensure utility bills due on the aforesaid property such as electricity,
water and telephone bills are paid as and when they fall due.
(d) They shall carry out periodic inspection of the premises on behalf of the client
upon giving reasonable notice to the tenants to ensure the premise is in a
reasonably habitable condition save for fair wear and tear.
(e) They shall carry out any repairs within the landlord’s maintenance obligations in
the lease agreement upon giving reasonable notice to the tenant in accordance
with the landlord /tenant lease agreement.
(f) They shall keep proper books of accounts and records setting out clearly the
transactions as to income and expenditure with respect to the premises and shall
make available periodic reports of such accounts to the client upon request.
(g) They shall ensure that the tenant complies with all the terms and conditions of the
lease agreement i.e. between the tenant and client at all material times during the
continuance of agency agreement
IN WITNESS whereof the parties have agreed as hereunto and duly executed as hereunder this
Agency Agreement on the day and year first hereinbefore written.
SIGNED by the CLIENT )ANTONY KIMANI ) in the presence of )
))………………………..) DEPONENT)
SIGNED by the AGENT ) ADIDUM INVESTMENT )CORPORATION LIMITED )in the presence of )
)……………………….) DEPONENT