Mastering an art of drafting lease agreement in Tanzania, ultimate Guide.

What is lease?

A lease is a legal contract between a landlord (lessor) and a tenant (lessee) that allows the tenant to use a property, such as an apartment or commercial space, for a specified period of time.

In exchange for this use, the tenant pays the landlord a predetermined amount of money at regular intervals, usually monthly or yearly.

A lease agreement in Tanzania governed by The land Act [Cap 113, Re. 2019] Below is sample of Lease agreement in Tanzania.

THE UNITED REPUBLIC OF TANZANIA

LEASE AGREEMENT

THIS AGREEMENT is made this ……….. day of ………………… , ……

BETWEEN

XXX…………………………….. of P. O Box ……..(hereinafter referred to as the LESSOR) of the one part,

AND

YYY………….. of P. O. Box ……………. (hereinafter referred to as the LESSEE) of the other part.

WHEREAS the LESSOR is the lawful ownerof………………………………..…………………………………………

AND WHEREAS the LESSOR is desirous of leasing and the LESSEE is desirous of be leased ………………………………………………………………..

1.Description of the land to be demised……………………………………………………………………………………

2.Duration/Type of Lease ………………………………………………………………………………..…

3.Purpose of Lease ……………………………………………………………………

4.(a) Rent …………………………………………………………………………

(b)Mode of payment of rent ……………………………………………………

5.Date of execution of the Lease ……………………………………………………..

6.Date of delivery of possession of the demised land to the Lessee …………………..

7.Covenants by the Lessee ……………………………………………………………

8.Covenants by the Lessor ……………………………………………………………

9. Option to renew ……………………………………………………………………

10.Notice for Termination………………………………………………………………………

Dated at Dar es salaaam this ………… day of ………2023.

IN WITNESS WHEREOF the parties hereto have executed these presents on the day and date first above written.SIGNED and DELIVERED by the )said …………………………………… ) ………………who is personally known to me in my ) LESSOR presence this ……. day of …….., …… )

Name: ………………………………

Signature: ………………………………Address:………………………………………………………Qualification: ………………………………

SIGNED and DELIVERED by the )said ……………………. who )has been identified to me by )……………………………….. ) ……..…………the latter being personally known ) LESSEE to me in my presence this ………. )day of ………….., …….. )

Name: ……………………………….

Signature: ………………

….,……………………………..

Frequently Asked Question.

What are main element of lease agreement?

Elements of lease agreement may vary from one person to another according to the needs, but Important elaments are the follows;

1.Name of document

2.parties

3.description of leases premise

4. Duration of lease

5.payement method

6.Notice

6.Termination clause

8.purpose of lease

9.conditions

10.option to Renew

A lease can be registered?

Yes but all lease agreement of 5 years and above its mandatory to be registered to the land registry.

However, below to that years Can be enforced without registration to land registry.

What are types of lease in Tanzania?

A lease i. Tanzania may be categorized basing various classification as follows;

Classification on the Basis of Duration of lease

Periodic leases, 

This is leases wjicj ends in certain period where in any lease the term is not specified tbis may be week, monthly or year.

Lease for fixed term.

This is commonly done in Tanzania im wjich parties agreed in fixed terms may be ona year, six months and so on.

What are steps for registering a lease agreement in Tanzania?

The following are steps for registering lease however in Tamzanja it starts for lease of 5 years amd above;

  • Prepare lease agreement
  • Pay stamp duty
  • Pay Registrtion fees
  • Register your agreement.

What are documents used for registering lease agreement?

The documents used are, Lease agreement,