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RM Lease_Agreement-Residential v10.110.1 of 20 Confidential. © 2016 Equillore Lease Dispute Settlement (Pty) Ltd

LEASE AGREEMENT


THE PARTIES HAVE AGREED AS FOLLOWS:

1. SCHEDULE

1.1. The AGENT: _____________________________________________________________________

Registration/ID number: _____________________________________________________________

VAT registration number: _____________________________________________________

Physical address: ______________________________________________________________________

Postal address: ______________________________________________________________________

Email address: ______________________________________________________________________

Telephone number: ______________________________________________________________

1.2. The LANDLORD: _____________________________________________________________________

Registration / ID/ Passport number: _____________________________________________________

VAT registration number: _____________________________________________________


Postal address: ______________________________________________________________________

Email address: ______________________________________________________________________

Telephone number: ______________________________________________________________

If co-owned please provide the Co-Landlord’s details here:

Registration / ID /Passport number: _____________________________________________________

VAT registration number: _____________________________________________________________


Postal address: ______________________________________________________________________

Email address: ______________________________________________________________________

Telephone number: ______________________________________________________________________


1.3. Name of FIRST TENANT: _____________________________________________________

Registration / ID / Passport number: _____________________________________________________

Name of SECOND TENANT: _____________________________________________________

Registration / ID / Passport Identity number: _____________________________________________

1.4. Contact details of FIRST TENANT:

Physical address (The PREMISES, unless TENANT(s) will not reside on the PREMISES):

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Postal address: ______________________________________________________________________

_____________________________________________________________________

Email addresses: ______________________________________________________________________

Telephone number(s): ______________________________________________________________

Contact details of SECOND TENANT:

Physical address (The PREMISES, unless TENANT(s) will not reside on the PREMISES):

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Postal address: ______________________________________________________________________

_____________________________________________________________________

Email addresses: ______________________________________________________________________

Telephone number(s): ______________________________________________________________


1.5. The PREMISES: _______________________________________________________________

_______________________________________________________________

________________________________________(Postal Code)___________

1.6. Garage / Parking Bay No: _______________________________________________________________

1.7. The lease period: ___day of____________20____(“commencement date”) TO ___day of____________20_____

(the expiry date”)

1.8. The monthly Rental amount: R________________ (and in words:)_________________________________

1.9. The Rental Deposit: R_________________ (and in words:)_________________________________

1.10. The Utilities Deposit: R_________________(and in words:)__________________________________

1.11. The Keys Deposit: R_________________ (and in words:)___ ______________________________

1.12. Surety’s name and Surname (if applicable): ________________________________________________

1.13. Lease Administration fee (if applicable): _____________ (and in words:)______________________

1.14. Lease Renewal fee (if applicable): _____________ (and in words:)_______________________


2. DEFINITIONS

In this LEASE AGREEMENT, unless the context requires otherwise, the words below mean the following:

2.1. “AGENT” means the party set out in item 1.1;

2.2. “Body Corporate” means any body corporate or home owners’ association applicable to the PREMISES;

2.3. “Business Day” means any day other than a Saturday, Sunday, or official public holiday in South Africa;

2.4. “CPA” means the Consumer Protection Act 68 of 2008;

2.5. “Deposit” means the amount payable by the TENANT to the LANDLORD prior to the TENANT moving in to the PREMISES as

indicated in item 1.9 and/or 1.10;

2.6. “EAAA” means the Estate Agency Affairs Act 112 of 1976;

2.7. "EAAB" means the Estate Agency Affairs Board, as established in terms of the EAAA;

2.8. “Fair Wear and Tear” means any decline which results from ordinary use and exposure over time, including breakage or

malfunction due to age or deteriorated condition, but not where such decline results from negligence, carelessness, accidents,

or abuse by the TENANT or the TENANT's visitors;

2.9. “Initial Period” means the term of this LEASE AGREEMENT, excluding any renewal periods, set out in item 1.7;

2.10. “LANDLORD” means the Party set out in item 1.2 and/or where applicable can refer to a mandated AGENT or third party.;

2.11. “the / this LEASE AGREEMENT” means this agreement together with all its Annexures and Schedules, as amended from

time to time;

2.12. “Material Breach” means any breach of this LEASE AGREEMENT which:

2.12.1. this LEASE AGREEMENT defines as a “Material Breach”;

2.12.2. has or is likely to have a serious financial or legal impact on either Party to this LEASE AGREEMENT;

2.12.3. has or is likely to have a serious impact on the ability of either Party to this LEASE AGREEMENT to enjoy its rights

under this LEASE AGREEMENT;

2.12.4. is not remedied by the Party who is in breach within the demanded amount of days of being asked to do so by the

other Party;

2.12.5. or which happens more than once in any 3 (Three) successive Month period.

2.13. “Month” means a calendar month, commencing on the 1st (first) day of such a month and terminating on the last day of such

month.

2.14. “Parties” means the TENANT and the LANDLORD and “Party” means either one of them, as the context may indicate;

2.15. “POPI” means the Protection of Personal Information Act 4 of 2013, once all of its sections are fully operational;

2.16. “Personal Information” has the meaning ascribed to it in section 1 of POPI;

2.17. "PREMISES" means the PREMISES set out in item 1.5 and the parking bays set out in item 1.6;

2.18. “Rental” means the monthly rental payable by the TENANT to the LANDLORD for the rental of the PREMISES;

2.19. “Rental Housing Act” means the Rental Housing Act 50 of 1999;

2.20. “RentMaster” means Equillore Lease Dispute Settlement (Pty) Limited, trading as RentMaster, a South African company,

registered under number 2001/027904/07;

2.21. “Rules” means any applicable Body Corporate and / or house rules; including any amendments there to, as implemented from

time to time;

2.22. “Sign” means a handwritten signature or advanced electronic signature as defined by the Electronic Communications and

Transactions Act 25 of 2002.

2.23. “Signature Date” means the date of signature of this LEASE AGREEMENT by the last Party signing;

2.24. "Smoking" means the lighting of any tobacco products, including cigarettes and cigars, and the use of any smoking devices,

including electronic cigarettes, vapes and the like;

2.25. “South Africa” means the Republic of South Africa, as constituted from time to time;

2.26. “Specific Performance” means the fulfilment of either Party’s obligations in terms of this LEASE AGREEMENT;

2.27. “TENANT(s)” means the Party(ies) set out in item 1.3 – regardless of whether there are multiple parties or only a single party;

2.28. “Termination Date” means the date of termination of this LEASE AGREEMENT for any reason whatsoever, whether on the

expiry date set out in item 1.7, or on the date upon which this LEASE AGREEMENT is terminated or cancelled in accordance

with its terms or any relevant legislation;

2.29. “Vat Act” means the Value-added Tax Act 89 of 1991;


2.30. “VAT” means the value-added tax imposed in terms of the VAT Act, including any similar tax which may be imposed in place

thereof from time to time;

2.31. “Vehicles” means a mobile machine that transports both people or cargo including wagons, bicycles, motor vehicles,

watercraft and trailers; and

2.32. “Writing” means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten

documents and facsimile transmissions, together with information or data in electronic form.

3. INTERPRETATION

3.1. The headings do not govern or affect the interpretation of this LEASE AGREEMENT.

3.2. Any reference to the “LANDLORD” shall also include the LANDLORD’s successor in title and any agent authorised by him.

3.3. Any reference to the “TENANT” shall include the TENANT’s agents, employees, servants, customers, contractors, invitees,

visitors and guests.

3.4. The singular includes the plural and visa versa. Any reference to one gender includes a reference to the other gender.

3.5. The provisions of this LEASE AGREEMENT shall be subject to the effects of the CPA, where applicable.

3.6. Any number of days prescribed in this LEASE AGREEMENT excludes the first day and includes the last day.

3.7. The cancellation or termination of this LEASE AGREEMENT does not affect those of its provisions which expressly provide that

they will operate after cancellation or termination, or which must continue to have effect after cancellation or termination, or

which must by implication or by their nature continue to have effect after cancellation or termination.

4. LEASE AGREEMENT.

4.1. The LANDLORD hereby lets to the TENANT, who hereby hires, the PREMISES subject to the terms and conditions contained

in this Agreement.

4.2. The PREMISES shall be personally occupied by _____________________________________ (name the main occupant) with

ID Number _________________________________________ and no more than_______________ other persons.

The full names and ID Numbers of the other persons that will occupy the PREMISES are:

a. _____________________________________________ID No:________________________

b. _____________________________________________ID No:________________________

c. _____________________________________________ID No:________________________

d. _____________________________________________ID No:________________________

e. _____________________________________________ID No:________________________

f. _____________________________________________ID No:________________________

4.3. The TENANT shall, subject to the LANDLORD’s or AGENT’s written permission, be entitled to from time to time allow other

persons than those listed in clause 4.2 to occupy the PREMISES, provided that:

4.3.1. He must, prior to such occupation commencing, in writing provide the names and ID numbers of the new

occupants to the LANDLORD;

4.3.2. The total number of occupants must never exceed the number of occupants listed in clause 4.2.

4.3.3. Where the TENANT seeks to increase the number of occupants, he must request the LANDLORD’s or AGENT’s prior

written permission, which permission must not be withheld unreasonably. Additional conditions may apply and shall

be communicated to the TENANT by the LANDLORD or AGENT.

5. LEASE PERIOD AND RENEWAL.

5.1. The LEASE AGREEMENT shall commence on the commencement date as stipulated in clause 1.7 of this LEASE

AGREEMENT and shall expire at midnight on the expiry date as stipulated in item 1.7 of the schedule. This period shall be

referred to as “the initial period”.

5.2. Upon expiration of the initial period, this LEASE AGREEMENT will automatically continue on a month-to-month basis, subject to

the provisions of clause 6 unless:


5.2.1. Either party expressly advises the other prior to the expiration of the initial period that it does not want this LEASE

AGREEMENT to continue after the initial period has expired; or

5.2.2. The parties agree to extend the LEASE AGREEMENT for a further fixed-term period.

5.2.3. The total lease period (initial period plus all subsequent extensions thereof for further fixed terms) shall not exceed 24

(TWENTY FOUR) months.

5.3. In the event that the provisions of clause 5.2.2 apply then:

5.3.1. Should the Parties agree to extend the LEASE AGREEMENT and not to alter any other terms of the LEASE

AGREEMENT, then the parties will sign an addendum specifying the further fixed-term period applicable, which

addendum will be attached to the LEASE AGREEMENT as an annexure; or

5.3.2. Should the parties, by agreement, seek to alter any other terms of the LEASE AGREEMENT other than by extending

the fixed-term period of the LEASE AGREEMENT, then the LEASE AGREEMENT will be deemed to have terminated

on expiry of the initial period and the parties will conclude a new LEASE AGREEMENT.

5.4. If this LEASE AGREEMENT continues on a month-to-month basis in terms of clause 5.2, the provisions of Section 14 of the

CPA will no longer apply to this LEASE AGREEMENT and either party shall be entitled to terminate this LEASE AGREEMENT

without reason or penalty at any time, provided that they give the other party a calendar months’ written notice of such

termination.

5.5. The TENANT must pay an administrative fee (where applicable) in an amount as per clause 1.14 of the Schedule, in respect of

the processing of each renewal. This fee is payable to the LANDLORD or his AGENT, as informed.

6. NOTIFICATION OF TERMINATION OF LEASE AGREEMENT

6.1. In order for the TENANT to decide whether to continue with the LEASE AGREEMENT upon expiry date of the initial period, the

LANDLORD or AGENT shall notify the TENANT in writing between 40 (FOURTY) and 80 (EIGHTY) business days prior to the

expiry of the initial period of:

6.1.1. the impending expiry date and whether or not the Landlord intends to extend/renew/continue on a month-to-month basis

or terminate the lease agreement on the expiration date.

6.1.2. any material changes that will apply if the LEASE AGREEMENT is automatically continued a month-to-month basis after

the termination of the initial period or if fixed terms extension is entered into; and

6.1.3. the fact that this LEASE AGREEMENT will automatically continue a month-to-month basis upon expiry of the initial

period, unless the TENANT expressly stipulates by no later than 20 (TWENTY) business days prior to the date upon

which the initial period is due to terminate, that the TENANT wishes for the LEASE AGREEMENT to terminate on the

expiry of the initial period, or in the alternative, that the tenant wants to extend the LEASE AGREEMENR for a further

fixed term period, in which case the provisions of clause 5.3 would apply.

6.2. Should the TENANT give the LANDLORD or AGENT notification of the TENANT’S desire to extend the LEASE AGREEMENT

for a further fixed-term period, and only if the LANDLORD agrees to such extension and the terms thereof, then the parties

must affect an addendum or a new lease agreement (as the case may be) by no later than 5 (FIVE) business days prior to the

date upon which the initial period is due to terminate.

6.3. Should the parties subsequently fail to agree on the terms of the addendum or the new lease agreement (as the case may be)

then the LEASE AGREEMENT shall be deemed to have terminated upon expiry of the initial period and the TENANT shall be

obliged to vacate the Premises.

7. RENTAL AND PAYMENT VIA DEBIT ORDER

7.1. The monthly Rental shall (inclusive of VAT, where applicable) be the amount stipulated in clause 1.8 of this agreement, and

shall escalate annually (from the commencement date) by ___________%.

7.2. Should the commencement date not co-inside with the first day of a calendar month, a pro rata portion of the monthly rental for

the period of commencement date to the last day of the calendar month, must become due and payable on the signing of this

LEASE AGREEMENT by the TENANT.


7.3. Rental must be paid via debit order monthly in advance on or before the 1st day of each month, free from any deduction or set-

off, irrespective of whether the LANDLORD is indebted to the TENANT or in breach of any obligation to the TENANT.

7.4. Rental and all other payments under this LEASE AGREEMENT, except for payments listed in clause 7.6, must be paid by way

of direct debit order to be deducted from a bank account stipulated by the TENANT, and to be credited to the LANDLORD’s

designated bank account:

7.4.1. It shall be a condition of the establishment of a valid LEASE AGREEMENT that the TENANT must complete and sign

a copy of such a debit order instruction.

7.4.2. In order to ensure that the debit order can be processed even when the chosen debit order date falls on a public

holiday or weekend, The LANDLORD shall be entitled to change the date on which the debit order is deducted from

the TENANT’s bank account, provided that the date of deduction shall not be more than 5 days after the chosen debit

order date of each month.

7.4.3. The TENANT must at least 30 days prior to closing the stipulated bank account provide full details of the new bank

account. In the event that the TENANT closes his bank account without opening a new account and/or notifying the

LANDLORD of the details thereof, the TENANT will be considered to be in default with effect from the end of the

month for which the last full rental payment by way of debit order payment was received by the LANDLORD, which

default must entitle the LANDLORD to cancel the LEASE AGREEMENT in terms of the provisions listed in this

LEASE AGREEMENT.

7.4.4. The LANDLORD shall be entitled to recover any other amount due, including but not limited to utilities due in terms of

this agreement by way of a debit against this debit order instruction. The LANDLORD may at its discretion run a

separate debit order to recover the said amounts, or include same with the next monthly rental debit order.

7.4.5. The TENANT is responsible for payment of all the TENANT’S own bank costs associated with processing of the debit

order or any other payment, including but not limited to bank charges and/or processing fees as charged by the

respective bank.

7.4.6. Should the TENANT’S debit order not be successful for whatsoever reason other than an act of omission by

the LANDLORD or his AGENT, the TENANT will pay an unmet fee of R75.00 for each unmet Debit Order.

7.4.7. In addition to any other receipts forwarded to the TENANT, the record of the debit order instruction contained on the

TENANT’s bank statement should be considered to be the TENANT’s written receipt in respect of such payment.

7.5. With the exception of payment in terms of clause 7.6, payment in any form or manner other than via Debit Order shall not be

considered to be payment in terms of this agreement, despite the fact that such payment may in fact have been accepted by

the LANDLORD’S AGENT. The TENANT acknowledges that any such AGENT has no authority to accept such payment.

7.6. Prior to the TENANT taking occupation of the PREMISES, and as a condition of the commencement of the LEASE

AGREEMENT, the TENANT must pay the following amounts:

7.6.1. The 1st month’s rental;

7.6.2. The full amount of the rental deposit and/or other deposit(s) referred to in clause 8 below;

7.6.3. The administrative fee for processing this LEASE AGREEMENT, (where applicable) as stipulated in clause 1.13 (or in

the event of a renewal/extension, clause 1.14) of this LEASE AGREEMENT.

Payment for the amounts stipulated in clause 7.6 may be paid in a manner and into the account as directed by the LANDLORD

or AGENT.

8. DEPOSIT(S)

8.1. The TENANT must, on the date of signing this Agreement, and as a condition for the commencement of the LEASE

AGREEMENT, pay to the LANDLORD or agent as directed, a Rental Deposit equal to the amount as stipulated in item 1.9 of

the Schedule and, where applicable, a Utilities Deposit and Key Deposit equal to the amounts as stipulated in item 1.10 and

1.11, respectively, of the Schedule. These deposits shall be kept and dealt with in accordance with the terms of his LEASE

AGREEMENT and the Rental Housing Act.

8.2. The Deposit(s) will be placed in an interest-bearing account with a financial institution of the LANDLORD’S or AGENT’s

choosing. The parties further agree that, subject to clause 8.5 such Deposit(s), will be for the account of the TENANT, less the

actual bank fees on such deposits and refunds, and the reasonable charges incurred in administering the said Deposit(s),

provided that such charges shall not exceed 25% of the interest accrued on the Deposit(s).


8.3. Interest earned on the Deposit(s) shall accrue to, and be paid to the EAAB in terms of Section 32(2)(c) of the EAAA and not to

the TENANT.

8.4. The LANDLORD is entitled (as and when the monthly rental payment has been increased in accordance with this agreement)

to, by way of debit order instruction as provided by the TENANT in accordance with clause 7.3, increase the amount of the

Deposit(s) proportionally to the increase in the rental.

8.5. On termination of the LEASE AGREEMENT the Deposit(s) must be dealt with as follows (subject to any provision in this LEASE

AGREEMENT, especially clause 14, and the terms of the Rental Housing Act):

8.5.1. the LANDLORD or AGENT may in his discretion apply the Deposit(s) towards the payment of all amounts for which

the TENANT is liable under this agreement including, but without limitation, the cost of repairing damages to the

PREMISES, arrear Rental, unpaid utilities, replacing lost keys, debt collector’s fees and/or a reasonable early

cancellation penalty if it is applicable.

8.5.2. the balance of the Deposit(s) (if any) must be refunded to the TENANT as soon as possible, but not later than 14

days after restoring the PREMISES to the LANDLORD, unless the TENANT failed to attend the outgoing inspection

as per clause 14, in which case the deposit will be refunded no later than 21 days after the restoration of the property

to the LANDLORD.

8.5.3. In the event that there are no amounts due or owing by the TENANT to the LANDLORD in terms of this agreement,

the Deposit(s) (less reasonable charges as per clause 8.2) must be refunded to the TENANT as soon as possible, but

no later than 7 days after the outgoing inspection.

8.6. The TENANT shall under no circumstances be entitled to use the Deposit(s) as rental for any month or for the last

month(s) of the LEASE AGREEMENT or for payment of any amount due under this LEASE AGREEMENT.

8.7. The TENANT hereby acknowledges and agrees that all Deposit(s) may be ceded to RentMaster, a duly registered

estate agent, who has been mandated to collect rental or any other amounts due and owing to the LANDLORD in

terms of this LEASE AGREEMENT.

9. INTEREST ON OVERDUE AMOUNTS AND OTHER COSTS

9.1 Notwithstanding any other right that the LANDLORD may have, the TENANT shall pay interest at a rate of 2% (TWO

PERCENT) per month up to a maximum of 24% (TWENTY FOUR PERCENT) per annum on all overdue amounts (rental or

otherwise) in terms of, or arising out of this LEASE AGREEMENT. For purposes of this clause any payment will be considered

as having been received when it is credited against the LANDLORD’s designated bank account. In the event of any debit order

payment being reversed, such payment will be considered to have never been credited against the LANDLORD’s designated

bank account.

9.2 Where the TENANT fails, or refuses, or neglects to pay the rental or any other charges in accordance with his obligations in

terms of this agreement, the LANDLORD, without any prejudice to any other right that he may have, will be entitled to

immediately hand the TENANT over to a registered Debt Collector and/or take further legal action against the TENANT.

9.3 The TENANT hereby accepts liability for all legal and/or Debt Collection costs, including, but not limited to, attorney and own

client charges and debt collection charges, and other expenses of any nature whatsoever, which may be incurred by the

LANDLORD by reason of the TENANT's breach of any term or condition of this LEASE AGREEMENT, and hereby agrees to

pay such amounts to the LANDLORD or it’s nominated agent, on demand. Should such costs remain unpaid after 10 days, the

LANDLORD shall without detracting from any other remedies, be entitled to recover such costs through a debit on the debit

order instruction provided by the TENANT in accordance with clause 7.3 .

9.4 Should the TENANT affect payment of any amount due under this agreement, the TENANT will be responsible to pay any and

all costs associated with such payment, including but not limited to bank charges, cash transaction fees and fixed deposit fees.

10 PAYMENT OF RATES AND TAXES AND LEVIES AND SERVICES

10.1 The LANDLORD shall be liable to pay all rates and taxes/levies payable in respect of the PREMISES to the local authority/body

corporate/share block company/home owner’s association concerned.


10.2 If the levies, rates and/or taxes in respect of the Premises increase at any time during the subsistence of this LEASE

AGREEMENT, the LANDLORD shall be entitled to increase the rental to accommodate such increase in the levies, rates and/or

taxes.

10.3 The TENANT shall for the duration of the LEASE AGREEMENT be responsible for payment on the due date of all accounts for

the services listed below, as presented from time to time by the relevant service providers, LANDLORD, or AGENT, in respect

of the PREMISES. The services referred to shall include [collectively referred to as “the services”] but not be limited to:

10.3.1 Water;

10.3.2 Electricity;

10.3.3 Refuse removal;

10.3.4 Sewerage;

10.3.5 _________________;

10.3.6 _________________;

10.3.7 _________________;

10.3.8 _________________;

10.4 Should the services be disrupted or disconnected due to late payment of the account by the TENANT, the TENANT shall carry

full responsibility for any extra charges and re-connection fees that may be incurred as a result thereof.

10.5 The TENANT specifically agrees that the LANDLORD or the LANDLORD’s AGENT cannot be held responsible for any

disruption or disconnection which may occur on any of the services, barring where the disruption or disconnection is due to the

LANDLORD’S gross negligence.

10.6 The LANDLORD shall be entitled recover any amounts due in terms of Clause 10 by way of debit on the debit order instruction

provided by the TENANT in accordance with clause 7.4

10.7 The LANDLORD shall be entitled to withhold the repayment of the deposit held in accordance with clause 8.1 until such time as

the TENANT has provided proof that all amounts due to such service providers have been paid in full, or in the alterative, the

LANDLORD may deduct from the deposit any amounts still due, as per clause 8.5.

10.8 Should the TENANT tamper or interfere with any of the water meters, electricity meters or any other object or tool which

measures usage of any of the abovementioned charges for which the TENANT is liable, the LANDLORD shall have the right to

cancel the lease agreement and in addition, report such tampering to the relative authority and/or South Africa Police Services.

11 ACKNOWLEDGEMENT BY TENANT

The TENANT acknowledges that –

11.1 the PREMISES are let subject to the conditions contained in the title deed of the PREMISES, any local authority

regulations that may be applicable, and the provisions of any applicable town planning scheme; and

11.2 he has inspected the PREMISES and that they are suitable for the purpose for which they are let; and

11.3 he will have no claim for damages whatsoever against the LANDLORD or AGENT if for any reason the PREMISES

do not become suitable for the purpose for which they are let; and

11.4 all goods brought onto the PREMISES by the TENANT shall be at the sole risk of the TENANT without the

LANDLORD or AGENT incurring any responsibility relating thereto; and

11.5 the LANDLORD and AGENT shall not be liable for any loss sustained by the TENANT or any other person on the

PREMISES or for any damages to any person’s belongings by reason of any burglary, fire, water, storm damage or

earth quake on the PREMISES, or for any damages or losses to person or property suffered by the TENANT or any

other person on the PREMISES as the result of any act or omission on the part of the LANDLORD and/or his AGENT

or as a result of any defect in the PREMISES, or as a result of an act of God, or as a result of any actions of any third

party, or as a result of war or civil unrest. It is the responsibility of the TENANT to take out and maintain insurance

against any potential loss for the reasons stated herein.

12 PROHIBITION AGAINST SUBLETTING AND PARTING WITH POSSESSION

The TENANT shall not –

12.1 cede his rights or assign his obligations hereunder; or

12.2 sublet the PREMISES or any Portion thereof; or


12.3 allow any third party to reside in or occupy the PREMISES; or

12.4 part with possession of PREMISES or any portion thereof

without the LANDLORD’s prior written consent.

13 OCCUPATION

13.1 Notwithstanding any receipt given for rental or deposit paid in terms of the LEASE AGREEMENT, the TENANT shall have no

claim for damages or other right of action against the LANDLORD or AGENT, nor be entitled to cancel this LEASE

AGREEMENT, should the LANDLORD be unable to give the TENANT occupation of the PREMISES on the date of

commencement of the LEASE AGREEMENT for any reason whatsoever not attributable to wilful default on the part of the

LANDLORD or AGENT. The TENANT undertakes to accept occupation from whatever date the PREMISES are available,

subject to a remission of rental in respect of the period of non-occupation.

13.2 Should the TENANT fail to take occupation of the PREMISES on the date upon which the PREMISES are made available to

him for occupation, the LANDLORD may cancel the LEASE AGREEMENT, in which event the TENANT will be held liable for

any loss of rental income or any other damages that the LANDLORD may suffer as a result thereof, which damages the

LANDLORD undertakes to mitigate. This clause shall not apply if the LANDLORD and TENANT have agreed in writing that the

TENANT will not take physical occupation of the PREMISES on the said date, however, should the TENANT and the

LANDLORD or AGENT agree that the TENANT will only take occupation of the PREMISES on a later date, the TENANT shall

be held liable for any damages that may be caused to the PREMISES during this vacancy, including but not limited to

vandalism and theft.

13.3 In the event of the TENANT not being able to enjoy beneficial occupation of the PREMISES as a result of it having been

materially damaged by fires, earthquakes, weather storms, riot activity or the like (and it not being the TENANT’s making) and

the LANDLORD –

13.3.1 failing within 30 days of the date of the damage to give the TENANT written notice that he intends to keep this LEASE

AGREEMENT alive, this LEASE AGREEMENT must be deemed to have been cancelled on the date that the damage

occurred and the LANDLORD must refund the TENANT all rental paid in advance beyond the date of such damage;

or

13.3.2 having given notice to the TENANT as aforesaid, the LANDLORD must restore the PREMISES to a tenantable

condition as expeditiously as practicable and the TENANT must be entitled to a total or partial reduction in rental

according to the extent to which and the period for which he was deprived of beneficial occupation of the PREMISES.

Save as provided in 13.3.1 and 13.3.2, the TENANT shall have no other claims whatsoever against the LANDLORD.

13.4 The TENANT may not without the LANDLORD’s prior written consent which shall not be unreasonably withheld –

13.4.1 vacate the PREMISES prior to the expiry of the LEASE AGREEMENT; or

13.4.2 allow the PREMISES to remain unoccupied for any period exceeding six weeks; or

13.4.3 permit or allow any persons other than those persons referred to in clause 4.2 above to occupy the PREMISES or to

reside therein.

14 INSPECTION OF THE PREMISES

14.1 The TENANT and the LANDLORD or the AGENT will inspect the PREMISES together, before the TENANT takes occupation of

the PREMISES, to determine whether there are any existing damages or defects to the PREMISES. Any damages and/or

defects will be recorded in writing, signed by the LANDLORD or the AGENT (as the case may be) and the TENANT and

attached to this LEASE AGREEMENT after the inspection has taken place. The TENANT, by way of this inspection,

acknowledges that the PREMISES are fit for beneficial occupation.

14.2 The recordable of any defect or damage in writing does not constitute an acknowledgment by the LANDLORD or AGENT to

have the defect or damage remedied. The recordable is simply an acknowledgment that the defects or damages exist and that

the defects or damages were not caused by the TENANT.

14.3 If the TENANT discovers any damages or defects to the PREMISES after the inspection referred to in clause 14.1 the TENANT

shall notify the LANDLORD or AGENT in writing of such damages or defects within 5 (five) days of the date of the discovery

thereof. The LANDLORD or AGENT shall supply the TENANT with a written acknowledgment confirming that such damages or


defects have been reported and the LANDLORD shall be entitled to inspect such damages or defects with reasonable notice to

the TENANT.

14.4 Within 3 (Three) days prior to the Termination date, the LANDLORD or the AGENT (as the case may be) and the TENANT will

inspect the PREMISES together to determine if any damages were caused to the PREMISES or the furniture (in the event that

the PREMISES contain the LANDLORD’S furniture) during the time that the TENANT (or occupiers holding title under him)

occupied the PREMISES. If the TENANT fails to attend the inspection, the LANDLORD or AGENT shall be entitled to inspect

the PREMISES at any time within 7 (Seven) days of the termination date, without the TENANT, in order to determine whether

any damages were caused to the PREMISES during the TENANT’S (or occupiers holding titled under the TENANT) occupation

of the PREMISES. Failure by the LANDLORD or AGENT to attend the outgoing inspection shall be deemed to be an

acknowledgement on his part that the whole of the PREMISES including all the goods, are in a good and proper state of repair

and condition.

14.5 The LANDLORD shall be entitled to:

14.5.1 Deduct any amount from the Deposit required to repair any damages (barring fair wear and tear) caused to the

PREMISES; and

14.5.2 Charge the TENANT for any amount over and above the value of the Deposit if the cost of repairing the damage

amount to more than the total amount of the Deposit.

15 DEFECTS AND MAINTENANCE

15.1 Where no defects are listed as per clause 14.1 of this LEASE AGREEMENT the parties are in agreement that the PREMISES

are in a good state of repair and condition, and that all keys, locks, glass windows, electrical installations, sanitary ware,

sewerage pipes, stoves, water taps, geysers and other appurtenance including all the movable items (if applicable) specified in

the Addendum annexed hereto (“the goods”), are likewise in good order and condition. It is recorded that there are no damages

or defects that the LANDLORD or AGENT is required to rectify other than those specified as such in Annexure A.

15.2 If the TENANT discovers any damages or defects on the property after the inspection referred to in clause 14.1, the TENANT

will notify the LANDLORD or AGENT thereof as per clause 14.3 of this LEASE AGREEMENT. If the TENANT fails to do so, the

LANDLORD or AGENT shall be entitled to attend to the repairs himself or have such work completed by a third party and may

claim any costs incurred in respect of the completion of any such work or repairs from the TENANT.

15.3 The LANDLORD shall be obliged to:

15.3.1 Effect repairs to those defects listed in Annexure A, if any, which he has agreed to in terms of clause 14.1

15.3.2 Keep the structure of the PREMISES and the roof in a state of good repair. The structure of the PREMISES shall

include maintenance and repairs of pipes, walls, building structures, roof and electricity cables, subject to fair wear

and tear. Should the damages be caused by any act or omission of the TENANT or the TENANT’s failure to report

damages or defects to the LANDLORD or AGENT, the LANDLORD cannot be held liable for the maintenance or

repair thereof and the TENANT will be held liable for the cost thereof.

Save as herein provided, the LANDLORD shall not be obliged to effect repairs to, or maintain the PREMISES or the

goods.

15.4 The TENANT shall not be entitled to withhold the rental or to claim any refund in respect of Rental paid, by any reason of any

defect whatsoever in the PREMISES or the goods.

15.5 The TENANT undertakes to, insofar as the TENANT is responsible and liable therefore, maintain at his own cost the whole of

the PREMISES and the goods for the full duration of the LEASE AGREEMENT in the same state of repair as they were

received by him, reasonable fair wear and tear expected, alternatively to reimburse the LANDLORD for the cost of replacing or

repairing any breakages or defects. Notwithstanding the generality of this clause, the TENANT specifically undertakes to, at his

own costs –

15.5.1 keep and maintain all gutters, sewerage pipes, water pipes and drains on the PREMISES free from obstruction

and/or blockages and/or attend to all leaks; and

15.5.2 Maintain and take reasonable care of the geyser and all accessories thereof, in such a manner as to avoid damage to

the geyser; and

15.5.3 keep the grounds (if any) and the inside of the of the PREMISES in a clean and tidy condition, free from litter and

rubbish and to keep the hedges and trees trimmed, lawns mowed and flowerbeds neat and tidy; and


15.5.4 keep the electrical system in good working order and condition; and

15.5.5 clean the carpets and other floor coverings and tiles regularly, it being understood that same must be replaced

completely at the expense of the TENANT should they be damaged beyond reasonable wear and tear.

15.5.6 Look after the PREMISES (including maintaining any garden, pool, equipment and/or gates and gatemotors)

15.5.7 Maintain, replace and/or repair all electrical globes, fittings, switches, water-bearing taps, stoves, locks, handles and

windows on the PREMISES;

15.5.8 Repair and/or replace any broken, damaged or missing items within the PREMISES belonging to the LANDLORD,

unless these items were recorded as being broken, damaged or missing at the ingoing inspection.

15.5.9 Ensure that should smoking be permitted on the PREMISES, such smoking will not cause any damage to the

PREMISES, regardless of whether the person smoking is the TENANT or occupant of the PREMISES or a visitor.

Even if smoking is permitted on the PREMISES, the TENANT shall ensure that all stains and burn marks are

removed and/or repaired and that the PREMISES will not smell of smoke upon the TENANT’s vacation.

15.5.10 Notify the LANDLORD or AGENT of any changes to any locks to the PREMISES and provide the LANDLORD or

AGENT with keys to the changed locks within 24 hours of such locks being changed if so requested.

15.5.11 Ensure that visitors to the PREMISES park only in the designated or visitor parking spaces that may be applicable the

PREMISES.

15.5.12 Ensure that the PREMISES remain free from pests and will affect pest control on a regular basis, including fumigation

and pest maintenance.

15.6 The LANDLORD and/or his AGENT and/or his contractors must be entitled to:

15.6.1 Access to the Property from time to time in order to inspect the property or to make repairs, alterations, additions,

modifications or improvements to the property.

15.6.2 The TENANT agrees to give the LANDLORD and/or AGENT and/or Contractors access to the PREMISES for the

purposes referred to in clause 15.6.1, provided that the LANDLORD or AGENT or Contractor must give the TENANT

reasonable notice of its need for such access. In the event that emergency work needs to be done at the property,

the TENANT shall be required to provide the LANDLORD or its AGENTs or contractors, immediate access to the

PREMISES.

15.7 Should the TENANT fail to provide access as per clause 15.6.1 or 15.6.2, then the TENANT shall be held liable for any

damages to the PREMISES or any other damages that the LANDLORD may suffer as a result of the TENANT’s failure.

15.8 Should the TENANT fail to maintain the PREMISES and/or goods in the manner specified in this LEASE AGREEMENT, the

LANDLORD shall be entitled, after providing the TENANT with reasonable notice thereof, in addition to any other rights or

remedies available to him in terms of this LEASE AGREEMENT, to carry out the necessary maintenance work at his discretion

and to recover the full costs from the TENANT.

15.9 If the PREMISES form part of a sectional title, home owner’s association or share block scheme under the provisions of the

Section Titles Act 95 of 1986 or the Share Block Control Act 59 of 1980 (as the case may be), the TENANT shall not be obliged

or entitled to maintain in any manner the PREMISES and/or the goods insofar as the obligation or right to do so is imposed on

or vests in –

15.9.1 the body corporate of the sectional title scheme; or

15.9.2 the relevant share block company; or

15.9.3 The home owner’s association.

16. USE OF PREMISES BY THE TENANT

16.1 The TENANT and any visitors of the TENANT:

16.1.1 Shall use the PREMISES solely for residential purposes and hereby specifically undertakes not to:-Contravene any

law, bylaw, ordinance or regulation applicable in respect of the PREMISES, in particular the rules applicable to the

sectional title of which the PREMISES forms part or, if the PREMISES forms part of a share block scheme, any use

agreement applicable to the PREMISES. Any applicable Rules and Regulations as per this clause will be annexed to

this LEASE AGREEMENT and must incorporated as if specifically contained herein;

16.1.2 Shall not cause or permit any nuisance upon the PREMISES;


16.1.3 Shall not keep any pets or animals in or on the PREMISES without the LANDLORD’s prior written consent and if so

required, the consent of the relevant Sectional Title, Body Corporate, Home Owner’s Association or alternative

authoritative body

16.1.4 Shall not allow any pets or other animals to damage the PREMISES;

16.1.5 Shall not deface, mark, paint or drive nails, hooks, screws into the doors, walls, ceilings or floors of the PREMISES;

16.1.6 Shall not place or display advertisements or notices of whatsoever nature on any part of the PREMISES, without the

written consent of the LANDLORD;

16.1.7 Shall not interfere in any manner whatsoever with the existing electrical installation on the PREMISES or to connect

any electrical current which may damage the electrical installation or cause it to short-circuit;

16.1.8 Shall not make any alteration or addition to the PREMISES or its appurtenances without written consent of the

LANDLORD;

16.1.9 Shall not keep or store any dangerous or hazardous material or substance on the PREMISES,

16.1.10 Shall not do or permit anything which may adversely influence the LANDLORD’s insurance on the PREMISES or

cause an increase in the premiums payable thereunder;

16.1.11 Shall (if applicable) ensure to activate the alarm system and keep all moveable property secure and out of plain sight

in order to prevent theft or burglary from the PREMISES;

16.1.12 Shall not hold or permit the holding of, any sale by public auction whatsoever in or about the PREMISES;

16.1.13 Shall not allow any refuse remains on or outside the PREMISES save in the area or bins/containers provided

therefore;

16.1.14 Shall not wash, launder or hang clothing or linen on any balconies, railings, windows or outside of the premises

except in the areas specifically designated for this purpose.

16.2 Notwithstanding any other right that the LANDLORD may have in terms of this LEASE AGREEMENT or any laws of South

Africa, the Landlord shall be entitled to charge a reasonable fine for the contravention of any of the House Rules.

16.3 Notwithstanding any other right that the LANDLORD may have in terms of this LEASE AGREEMENT or any laws of South

Africa, should any fines or fees be issued by the Body Corporate or any other authoritative body, to the TENANT or

LANDLORD as a result of the TENANT’s failure to adhere to this LEASE AGREEMENT or any House Rules or Body Corporate

Rules, the TENANT will be held liable for same and must pay same upon presentation thereof.

16.4 Failure to pay any fine as stipulated under clause 16.2 and 16.3 shall be interpreted as a material breach of the LEASE

AGREEMENT.

17. VACATING THE PREMISES ON TERMINATION OF THE LEASE AGREEMENT

17.1 On termination of the LEASE AGREEMENT for whatever reason, the TENANT must restore the whole of the PREMISES and

the goods to the LANDLORD in the same good order and condition as they are at present, fair wear and tear excluded, and in a

condition fit for immediate occupation by future occupants.

17.2 The LANDLORD or AGENT and TENANT shall have an outgoing inspection as per clause 14.4 of this LEASE AGREEMENT.

17.3 Upon termination of the LEASE AGREEMENT, the TENANT must return all keys and remotes of the property to the

LANDLORD or AGENT by no later than _____________________, or as agreed to otherwise, on the day of termination.

Should the TENANT fail to return the keys and remotes accordingly, the LANLORD will be entitled to change all locks to the

property and hold the TENANT liable for payment thereof.

17.4 Any improvements made by the TENANT on or to the PREMISES during the period of the LEASE AGREEMENT shall become

the property of the LANDLORD on termination of the LEASE AGREEMENT and the TENANT shall not be entitled to remove

any such improvement or claim from the LANDLORD any compensation in respect thereof.

17.5 Notwithstanding the provisions of 17.4 above, the LANDLORD or AGENT shall be entitled at the termination of the LEASE

AGREEMENT, or as soon as possible thereafter, to demand in writing that any improvement or addition made by the TENANT

be removed by the TENANT at his own cost. The TENANT must at his own expense and to the satisfaction of the LANDLORD

or AGENT repair all damage and/or defects caused by such removal.


17.6 Should the TENANT fail to comply with a demand made by the LANDLORD or AGENT in terms of 17.5, the LANDLORD shall

be entitled, in addition to any other remedy or right available to him in terms of this Agreement, to have the relevant

improvement and/or addition removed and to recover the costs thereof from the TENANT, including the cost of repair and/or

damages and/or defects caused by such removal.

17.7 If at the termination of the LEASE AGREEMENT the TENANT owes any monies to the LANDLORD, the TENANT shall not

without the consent of the LANDLORD or AGENT remove any movable property brought onto the PREMISES by the TENANT

at the commencement of or during the LEASE AGREEMENT period, it being understood that such movable property is to

remain on the PREMISES as security for all rent or other payments for which the TENANT is liable in terms of this Agreement

and the provisions of this clause.

18. BREACH

18.1 Where the TENANT fails, or refuses, or neglects to pay the rental or any other charges in accordance with his obligations in

terms of this agreement, the LANDLORD or AGENT, without any prejudice to any other right that he may have, will be entitled

to, immediately hand the TENANT over to a registered Debt Collector or take further legal action against the TENANT.

18.2 Should the TENANT fail to pay the rent or any part thereof, or any other monies due in terms of this agreement punctually on

due date, or should the TENANT commit or permit any breach whatsoever of any of the terms and conditions of this LEASE

AGREEMENT:

18.2.1 The LANDLORD shall give the TENANT written notice to rectify the default within the time period specified in the

written notice (20 business days if the specific sections of the CPA and/or the CPA in its entirety applies, and 7

business days if the specific sections of the CPA and/or the CPA in its entirety does not apply);

18.2.2 Failing such rectification, the LANDLORD shall have the right (and without derogation of any other rights he may

have) to cancel this LEASE AGREEMENT with immediate effect.

18.3 In the event that the LANDLORD, AGENT or Body Corporate become aware of the fact that the TENANT is conducting, or

allowing any form of criminal or illegal activity, or has contravened any law or by-law whatsoever, including the Criminal

Procedure Act 51 of 1977, the Counterfeit Goods Act 37 of 1997 and the Treatment of Substance Abuse Act 70 of 2008, the

LANDLORD may cancel this LEASE AGREEMENT with immediate effect and may demand that the TENANT vacate the

PREMISES immediately.

18.4 In the event that the provisions of clause 18.3 apply, the LANDLORD shall not be obliged to prove the criminal or illegal activity

in question, but shall be required to report such activity to the South African Police Service or other applicable body, which

reporting may be done anonymously, provided that there is no obligation on the LANDLORD to prove such reporting to the

TENANT or any third party.

18.5 In the event that the TENANT provides the LANDLORD or the AGENT with incorrect information or documentation during the

application process conducted before the conclusion of this LEASE AGREEMENT, or omits to provide any relevant information

or documentation, whether intentionally or in error, the LANDLORD will be entitled to cancel the LEASE AGREEMENT with

immediate effect. It is specifically recorded that all documentation and information provided or required during the Application

Process forms the basis upon which the LANDLORD concludes this LEASE AGREEMENT with the TENANT.

18.6 Should this Agreement be cancelled by the LANDLORD for any reason whatsoever, the TENANT and/or any other person

occupying the PREMISES on the TENANT’s behalf, must vacate the PREMISES on the date upon which the cancellation

becomes effective, and allow the LANDLORD to take occupation thereof. Failing this, the LANDLORD shall be entitled to eject

the TENANT or any other person or persons therefrom through due process. Such cancellation, re-entry or ejectment must

however in no way prejudice any claim which the LANDLORD may then or thereafter have against the TENANT for any rent or

other charges due and/or for damages (including loss of rental) or for any breach of any of the terms and conditions hereof, and

the LANDLORD shall in no way be liable to compensate the TENANT for any damage he may suffer by reason of any

cancellation, re-entry or ejectment.

18.7 Any extension of time for payment of any rental or any other indulgence that may be granted by the LANDLORD or AGENT for

the non-enforcement by the LANDLORD of any of his rights under this LEASE AGREEMENT or any non-insistence on his part

on the TENANT performing in full his obligations under this LEASE AGREEMENT, must in no way be construed as a waiver of

his rights and must in no way debar the LANDLORD or AGENT at any time from insisting on the TENANT's strict compliance

with all his obligations under this LEASE AGREEMENT.


18.8 In the event of the LANDLORD cancelling this LEASE AGREEMENT and in the event of the TENANT disputing the right to

cancel and remaining in occupation of the PREMISES, the TENANT must, pending settlement of such dispute, either by

negotiation or litigation, continue to pay an amount equivalent to the monthly rental provided in this LEASE AGREEMENT,

monthly in advance on or before the first day of each and every month and the LANDLORD or AGENT shall be entitled to

accept and recover such payments and the acceptance thereof shall be without prejudice to and shall not in any way

whatsoever affect the LANDLORD's claim of cancellation then in dispute. Failure to comply with this provision may constitute a

separate cause of action that will entitle the LANDLORD to immediately re-enter upon and take possession of the PREMISES

hereby let and to eject the TENANT or any other person or persons therefrom.

18.9 Should the dispute be determined in favour of the LANDLORD, the payments made and received in terms of sub-paragraph

18.8 will be deemed to be amounts paid by the TENANT on account of damages suffered by the LANDLORD by reason of the

grounds justifying the cancellation of the LEASE AGREEMENT and/or the unlawful holding over by the TENANT. Any

cancellation by the LANDLORD shall be without prejudice to the LANDLORD's right to claim damages occasioned by or

resulting from the TENANT's breach of the LEASE AGREEMENT.

18.10 Should the LANDLORD commit a Material Breach of this LEASE AGREEMENT, the TENANT may apply to a court for the

recovery of any damages suffered by the TENANT as a result of such material breach and for specific performance by the

LANDLORD. The TENANT may also cancel this LEASE AGREEMENT, without penalty, if the LANDLORD does not remedy

his Material Breach within 20 business days of notification to do so.

19 CANCELLATION BY THE TENANT BEFORE THE EXPIRY OF THE LEASE AGREEMENT

19.1 The TENANT shall at any stage be entitled to cancel the agreement with 20 business days’ written notice to the LANDLORD.

19.2 The LANDLORD will upon receipt of such cancellation be entitled to charge a reasonable early cancellation penalty against the

TENANT for any damages, including but not limited to, AGENT’s commission, advertising fees, loss of rental income and

alternative or further damages that the LANDLORD may suffer.

20 CANCELLATION BY THE LANDLORD BEFORE THE EXPIRY OF THE LEASE AGREEMENT

20.1 The LANDLORD may cancel this LEASE AGREEMENT on 3 (Three) month’s written notice on the following conditions:

20.1.1 The LANDLORD intends to move a family member or himself into the PREMISES;

20.1.2 The LANDLORD intends to sell the PREMISES.

21 DOMICILE AND JURISDICTION

21.1 The TENANT(S) chooses the PREMISES as his/their domicilium citandi et executandi at which address all notices and legal

process in relation to this LEASE AGREEMENT or any action arising therefrom may be delivered and served.

21.2 The LANDLORD chooses as his domicilium citandi et executandi the address as stipulated in clause 1.2 of this agreement at

which address all notices and legal process in relation to this LEASE AGREEMENT or any action arising therefrom may be

delivered and served.

21.3 Any notice given by one of the parties to the other (“the addressee”) which:-

21.3.1 is delivered by hand to the addressee’s domicilium citandi et executandi shall be presumed, until the contrary is

proved, to have been received by the addressee on the date of delivery; or

21.3.2 is sent via email to email address specified in clause 1, must be presumed, until the contrary is proven, to have been

received 1 (one) business day after dispatch thereof; or

21.3.3 is posted by prepaid registered mail must be deemed to have been received by the addressee on the third business

day after the date of posting.

21.4 Should either party change their domicilium citandi et executandi, written notice must be given to the other party within 3 days

from obtaining the new domicilium citandi et executandi.

21.5 Not limiting the jurisdiction that any other court may have, the parties consent in terms of Section 45 of the Magistrates’ Courts

Act, 32 of 1944 to the jurisdiction of the Magistrate’s Court for the purpose of any proceedings in terms of or incidental to this

LEASE AGREEMENT, notwithstanding that the amount claimed or the value of the matter in dispute may exceed such.


22. ‘FOR SALE’ AND ‘TO LET’ NOTICES

22.1 The LANDLORD shall at any time during the period of this LEASE AGREEMENT be entitled to affix a ‘for sale’ or ‘to let’ not ice

in respect of the PREMISES.

22.2 The TENANT must allow the LANDLORD’s AGENT and/or any prospective tenant or purchaser to view the interior of the

PREMISES during reasonable hours on at least 3 different days per week, provided reasonable notice was given to the

TENANT or a prior appointment to do so has been made with the TENANT.

22.3 The TENANT shall not be entitled to remove, relocate or damage any notice referred to in 22.1

23. GENERAL

23.1 Should two or more persons sign this LEASE AGREEMENT as LANDLORDs or TENANTs, the said persons shall be jointly and

severally held liable for the due performance of their obligations in terms of this LEASE AGREEMENT

23.2 This LEASE AGREEMENT constitutes the sole and entire agreement between the parties and no warranties, representations,

guarantees or other terms and conditions of whatsoever nature not contained herein must be of any force or effect.

23.3 No variation of the terms and conditions of this LEASE AGREEMENT or any consensual cancellation thereof must be of any

force or effect unless reduced to writing and signed (as specified in clause 2.22 of this LEASE AGREEMENT) by the parties or

their duly authorised AGENTs.

23.4 If any provisions of this LEASE AGREEMENT become or is found to be unlawful, invalid or unenforceable, the rest of this

LEASE AGREEMENT will not be affected and will remain in full force and effect.

23.5 The LANDLORD hereby warrants that all consents required in terms of the Matrimonial Property Act 88 of 1984 have been duly

furnished.

23.6 This LEAES AGREEMENT must be duly concluded upon signature thereof by the LANDLORD and the TENANT, without it

being required that the fact of the LANDLORD’s signature be communicated to the TENANT.

23.7 All items brought onto the PREMISES by the TENANT will serve as security for the TENANT’S compliance with his obligations

under this LEASE AGREEMENT. The TENANT may not give up his rights or possession of these items or remove them from

the PREMISES.

24. COMPANY RESOLUTIONS & DEED OF SURETY

24.1 Where the TENANT is not a natural person, but a legal entity, the TENANT shall be obliged to provide:

24.1.1 A personal surety or sureties, to the satisfaction of the LANDLORD, in respect of any and all of the TENANT’s

obligations in terms of this agreement.

24.1.2 Proof of a resolution of the Board or Directors of the Company or of the Members of the Closed Corporation or of the

Trustees of a Trust authorising the legal entity to enter into this agreement, and appointing the signatory to this

agreement to sign the agreement for and on behalf of the legal entity.

24.2 The TENANT must not be entitled to take occupation of the PREMISES prior to such surety agreement(s) being finalised, and

such resolution being provided.

25. CREDIT INFORMATION

25.1 The TENANT consent to and authorises the LANDLORD or the AGENT to:

25.1.1 Contact, request and obtain information at any time and from any credit provider (or potential credit provider) and/or

banking institution and/or registered credit bureau in order to assess the behaviour, profile, payment patterns,

indebtedness, whereabouts and creditworthiness of the TENANT; and

25.1.2 Provide information about the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness

of the TENANT to any registered credit bureau and/or banking institution and/or to any credit provider (or potential

credit provider) seeking a trade reference regarding the TENANT’s dealings with the LANDLORD.


26. ACKNOWLEDGMENT BY THE TENANT

The TENANT confirms that he has read and understands the provisions of this LEASE AGREEMENT and that all necessary

clauses have been explained to him. The TENANT confirms that he signs this LEASE AGREEMENT, freely and voluntarily

and that he is aware or has been advised (on the TENANT’S request) of all his rights in contained in the LEASE AGREEMENT.

27. SPECIAL CONDITIONS

27.1 The following special conditions will apply, provided that where any special condition:

27.1.1 has the effect of amending or deleting any other provision of this agreement, or

27.1.2 is in any way in conflict with any other provision contained in this agreement,

that other provision must be applied as if this special condition was never agreed to.

27.2 Special Condition 1:

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

27.3 Special Condition 2: _____________________________________________________________________________________

_____________________________________________________________________________________________________

SIGNED BY THE FIRST TENANT ON THE DATES AND AT THE PLACES STATED HEREUNDER:

DATE__________________________ PLACE: _______________________________

_____________________________________ ________________________________________

WITNESS FIRST TENANT

NAME OF SIGNATORY: ________________________________________

SIGNED BY THE SECOND TENANT ON THE DATES AND AT THE PLACES STATED HEREUNDER:

DATE__________________________ PLACE: _______________________________

________________________________________ _____________________________________

WITNESS SECOND TENANT



SIGNED BY THE LANDLORD ON THE DATES AND AT THE PLACES STATED HEREUNDER:

DATE__________________________ PLACE: _______________________________

________________________________________ _____________________________________

WITNESS LANDLORD (OR DULY AUTHORISED AGENT)


Attachments:

1. Annexure A: List of Defects to PREMISES YES / NO

2. Annexure B: Copy of House Rules YES / NO

(The Rental Housing Act 50 of 1999 defines "House Rules" as “the rules in relation to the control, management, administration, use

and enjoyment" of the PREMISES. If such rules exist in respect of the PREMISES referred to in terms of this agreement, the

LANDLORD must annex a copy thereof to the LEASE AGREEMENT.)


ANNEXURE A

Defects to PREMISES at Commencement of LEASE AGREEMENT

The following Defects to the PREMISES existed at the Commencement of the LEASE AGREEMENT:

DETAILS OF DEFECT LANDLORD / AGENT

to rectify

1

YES / NO

2

YES / NO

3

YES / NO

4

YES / NO

5

YES / NO

6

YES / NO

7

YES / NO

8

YES / NO

9

YES / NO

10

YES / NO

11

YES / NO

12

YES / NO

Signed at ___________________________________on___________________________________201____.

TENANT: ___________________________________

LANDLORD / AGENT: ___________________________________

lease agreement - rentmaster · the lease agreement shall commence on the commencement date as...

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