The Company Tenancy Agreement is a vital legal instrument used in Nigerian commercial real estate transactions to formalize the lease of business premises between corporate entities. This document is essential when a company seeks to lease commercial space from another company or property owner, ensuring compliance with both federal legislation (such as the Land Use Act and Companies and Allied Matters Act) and state-specific tenancy laws. The agreement covers crucial aspects including rent determination, payment terms, maintenance responsibilities, permitted use restrictions, and service charges, while incorporating necessary provisions for insurance, assignments, and lease termination. It's particularly important in Nigeria's dynamic business environment where commercial property relationships need clear definition and protection under law.
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1. Parties: Identification of the landlord and tenant companies, including registration numbers and registered addresses
2. Background: Context of the agreement, including brief description of the property and intended use
3. Definitions: Definitions of key terms used throughout the agreement
4. Demise: The formal grant of the lease, specifying the property being leased
5. Term: Duration of the lease, including start and end dates
6. Rent: Rent amount, payment terms, review periods, and payment method
7. Service Charges: Details of service charges, calculation method, and payment terms
8. Utilities and Outgoings: Responsibility for utilities, taxes, and other outgoings
9. Use of Premises: Permitted use of the property and any restrictions
10. Repairs and Maintenance: Responsibilities for repairs and maintenance of the property
11. Insurance: Insurance requirements for both landlord and tenant
12. Assignment and Subletting: Rights and restrictions regarding assignment and subletting
13. Landlord's Covenants: Obligations and promises of the landlord
14. Tenant's Covenants: Obligations and promises of the tenant
15. Termination: Circumstances and procedures for termination of the lease
16. Forfeiture: Landlord's right of re-entry and circumstances for forfeiture
17. Notices: Process for serving notices between parties
18. Governing Law: Specification of Nigerian law and relevant state jurisdiction
1. Break Clause: Optional provision allowing early termination under specified conditions
2. Rent-Free Period: Terms of any rent-free period offered as incentive
3. Alterations and Improvements: Rights and restrictions regarding property modifications
4. Security Deposit: Terms of security deposit if required
5. Option to Renew: Terms for lease renewal if offered
6. Green Lease Provisions: Environmental and sustainability requirements
7. Force Majeure: Provisions for unforeseen circumstances affecting the lease
8. Guarantor Provisions: Terms of guarantee if required from parent company or third party
1. Schedule 1 - Property Description: Detailed description of the leased premises, including floor plans and measurements
2. Schedule 2 - Rent Review Provisions: Detailed procedures and terms for rent reviews
3. Schedule 3 - Service Charge Items: Detailed list of services covered by service charge
4. Schedule 4 - Building Rules and Regulations: Rules governing use of the building and common areas
5. Schedule 5 - State of Repair: Schedule of condition at lease commencement
6. Schedule 6 - Permitted Alterations: List of alterations that can be made without landlord's consent
7. Appendix A - Plans: Property plans and drawings
8. Appendix B - Fixtures and Fittings: Inventory of landlord's fixtures and fittings
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