Residential Lease Amendment Agreement - Template Form Pro · NG-law

DEED OF AMENDMENT TO LEASE AGREEMENT

THIS DEED OF AMENDMENT TO LEASE AGREEMENT (this "Deed" or "Agreement") is made this ________

BETWEEN

________, of the following address:

________

(hereinafter referred to as the "Landlord", which expression shall, where the context so admits, include his/her/its heirs, personal representatives, successors-in-title and assigns) of the first part;

AND

________, of the following address:

________

(hereinafter referred to as the "Tenant", which expression shall, where the context so admits, include his/her/its heirs, personal representatives, successors-in-title and permitted assigns) of the second part.

The Landlord and the Tenant are hereinafter together referred to as the "Parties" and individually as a "Party".

RECITALS

WHEREAS:

A. By a Tenancy/Lease Agreement dated ________ (the "Lease"), the Landlord granted to the Tenant a tenancy of the property described in Recital B below.

B. Pursuant to the Lease, the Tenant was granted exclusive possession of the following property (the "Demised Premises"), together with all appurtenances and fixtures attached thereto:

________

C. The Lease reserved an annual/periodic rent of ________ for a term of ________.

D. The Parties have agreed to vary and amend certain terms of the Lease upon the terms and conditions set out in this Deed.

NOW THIS DEED WITNESSETH that in consideration of the mutual covenants contained herein and the rent reserved under the Lease (the receipt and sufficiency of which is hereby acknowledged), the Parties hereby agree as follows:

§ 1. DEFINITIONS AND INTERPRETATION

1.1 Unless otherwise defined herein, words and expressions used in this Deed shall have the same meanings as ascribed to them in the Lease.

1.2 This Deed is supplemental to and shall be read together with the Lease as one instrument.

1.3 References to clauses are references to clauses of this Deed unless otherwise stated.

§ 2. DEMISED PREMISES

Subject to the terms and conditions of the Lease as amended by this Deed, the Landlord continues to demise to the Tenant the following property (the "Demised Premises"):

________

§ 3. AMENDMENTS TO THE LEASE

With effect from ________ (the "Effective Date"), the Lease shall be amended as follows:

3.1 Insertion: The Lease is hereby amended by inserting the following provision(s), which shall read as follows:

________

3.2 Deletion: The Lease is hereby amended by deleting the following provision(s) therefrom in their entirety:

________

3.3 Substitution: The following provision shall be deleted from the Lease:

________

and shall be substituted with the following provision:

________

3.4 Revised Rent (if applicable): Where the foregoing amendments vary the rent payable, the rent reserved under the Lease shall, with effect from the Effective Date, be ________, payable in the manner set out in the Lease as amended.

§ 4. COVENANTS OF THE TENANT

The Tenant covenants with the Landlord as follows:

(I) to pay the rent reserved under the Lease as amended at the times and in the manner therein provided;

(II) to pay all tenement rates, charges, assessments and outgoings lawfully imposed on the occupier of the Demised Premises during the term;

(III) to keep the Demised Premises in good and tenantable repair and condition, fair wear and tear and damage by act of God excepted;

(IV) to observe and comply with all the terms, conditions and covenants of the Lease as amended by this Deed;

(V) to comply with all applicable laws relating to the safety, sanitation, maintenance and habitability of the Demised Premises, including the applicable Tenancy Law of the State in which the Demised Premises is situate;

(VI) to keep the Demised Premises in a clean and sanitary condition at all times;

(VII) not to destroy, damage or remove any of the fixtures, fittings or any part of the Demised Premises;

(VIII) not to use or permit the use of the Demised Premises for any illegal, immoral or improper purpose; and

(IX) to permit the Landlord or his/her authorised agents, upon reasonable prior notice, to enter and inspect the state of repair of the Demised Premises.

§ 5. COVENANTS OF THE LANDLORD

The Landlord covenants with the Tenant as follows:

(I) that, upon the Tenant paying the reserved rent and observing the covenants herein, the Tenant shall peaceably and quietly hold and enjoy the Demised Premises during the term without any interruption by the Landlord or any person lawfully claiming through or under him/her;

(II) that the Demised Premises is in good and habitable condition;

(III) to pay and discharge all existing and future ground rent and other charges imposed by any law in respect of the Demised Premises during the term;

(IV) to give the Tenant such statutory notice to quit and notice of intention to recover possession as is required under the applicable Tenancy Law before recovering possession of the Demised Premises; and

(V) to comply with all applicable laws relating to the safety, sanitation, maintenance and habitability of the Demised Premises.

§ 6. QUIET ENJOYMENT

The Landlord agrees that, provided the Tenant promptly pays the reserved rent and observes all the terms, conditions and covenants contained in the Lease as amended, the Tenant shall, during the term, peaceably and quietly hold and enjoy possession of the Demised Premises.

§ 7. RATIFICATION AND CONTINUATION

Save as expressly varied, amended or modified by this Deed, all the obligations, rights, terms, covenants and conditions contained in the Lease shall remain in full force and effect and are hereby confirmed and ratified by the Parties.

§ 8. GOVERNING LAW AND JURISDICTION

8.1 This Deed shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and the applicable Tenancy Law of ________, being the State in which the Demised Premises is situate.

8.2 The Parties hereby submit to the jurisdiction of the competent courts of the said State for the resolution of any dispute arising out of or in connection with this Deed.

§ 9. DISPUTE RESOLUTION

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§ 10. MISCELLANEOUS

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(II) ASSIGNMENT: The Tenant shall not assign, sublet or otherwise part with possession of the Demised Premises or any part thereof without the prior written consent of the Landlord.

(III) ENTIRE AGREEMENT: This Deed, together with the Lease and any document referred to in the Lease, constitutes the entire agreement between the Parties and supersedes any prior contrary written or oral agreement, representation or understanding between them.

(IV) NOTICES: All notices under this Deed shall be in writing and shall be delivered personally, sent by registered/courier post, or sent by electronic mail to the address of the receiving Party set out above or to such other address as that Party may notify in writing.

(V) VARIATION: No variation, amendment or termination of this Deed shall be effective unless it is in writing and signed by or on behalf of each of the Parties.

(VI) SEVERABILITY: If any provision of this Deed is or becomes invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary, or, if not capable of such modification, severed, and the remaining provisions shall continue in full force and effect.

(VII) COUNTERPARTS: This Deed may be executed in any number of counterparts, each of which when executed shall constitute an original, and all of which together shall constitute one and the same instrument.

(VIII) STAMP DUTY AND REGISTRATION: This Deed shall be stamped in accordance with the Stamp Duties Act and, where applicable, registered under the relevant Land Instruments Registration Law of the State in which the Demised Premises is situate.

IN WITNESS WHEREOF the Parties have executed this Deed in the manner hereinafter appearing the day and year first above written.

SIGNED, SEALED AND DELIVERED by the within-named Landlord

________

_________________________
Signature of Landlord

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: _________________________

SIGNED, SEALED AND DELIVERED by the within-named Tenant

________

_________________________
Signature of Tenant

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: _________________________