Over 100 homeowners have come out protesting for fear of ceding the freedom of using their luxury apartments got from Rosslyn Suites at their Enaki Town development over what they termed as an unfair contract with clauses they were not aware of.
Hass Consult is the biggest shareholder in Rosslyn Suites Limited. Hass Consult’s biggest shareholder is, in turn, its founder and CEO Mohammed Hassanali, who is also a director in the development company.
According to the angry but scared homeowners, they were not provided with the final lease document with the sale agreement, which is not common industry practice where both documents are sent together. They say they later found out that the withheld documents had clauses against them.
The homeowners claimed that they had been denied access to their houses until they signed the lease agreement, whose terms Rosslyn Suites, the developer, has said cannot be changed, and that they “…must either acquiesce to disadvantageous terms or abstain from formalizing the agreement.”
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There is a clause that stipulates that the real estate firm Hass Consult “is the sole and exclusive letting agent appointed by the Enaki management company…for the rental of all units at Enaki.” It also says that property owners must remit a fee each time a tenant occupies their unit, even if the owner secures a tenant independently or through a third party.
The clause also says “If, for any reason, the Owner would like to withdraw the property from the rental market…a fee of 50% of the full fee shall be payable…”
According to the owners who say they have paid millions of shillings, the clauses by the developer are meant to make them look like just tenants who have no freedom to use their apartments the way they wish and that the developer might use those clauses to take away the property from them.
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