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AGREEMENT OF LEASE
(Unfurnished Sectional Title Unit)
MEMORANDUM OF AGREEMENT OF LEASE made
and entered into by and between:-
______
Identity Number ___________________
Of
_____________________________________________________________
(hereinafter referred to as "the
Lessor")
and
__________________________________
Identity Number ____________________
Of
_____________________________________________________________
(hereinafter referred to as "the
Lessee")
| 1. |
The Leased
Premises |
|
The Lessor hereby
lets to the Lessee who hires on the terms and conditions set
out herein, the following immovable property :-
Section:
______________________
Scheme:
______________________
Address: _____________________________________________
_______________________________________________________
(hereinafter referred to as
“the Leased Premises”) |
| 2. |
Period of Lease |
|
| 2.1 |
This lease
shall commence on ________________ and shall terminate
on _________________, on which
date the Lessee undertakes to vacate the Leased
Premises. |
| 2.2 |
Subject
to the Lessee’s compliance with this agreement, the
Lessee shall have the option to renew this lease upon
substantially the same terms and conditions contained
herein, save that the rental for the period of renewal
shall be agreed between the parties. Such renewal
period shall be reckoned from the date of expiration
of this agreement and shall be for a period of
_________________ provided that notice to the Lessor
of the Lessee’s intention to exercise this option is
given in writing at least __________ calendar months
before the date of expiration.
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| 3. |
Rental |
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| 3.1 |
The
rental payable by the Lessee to the Lessor during the
currency of this Agreement shall be as follows :- |
|
3.1.1 |
R___________
per month from _________ to _________ |
|
3.1.2 |
R___________
per month from _________ to _________ |
|
3.1.3 |
R___________
per month from _________ to _________ |
| 3.2 |
The
aforesaid rental shall be payable in advance on the
first day of every month during the currency of this
Agreement at such address as the lessor may nominate
in writing from time to time.
|
| 3.3 |
Whenever
the levies in respect of the leased premises are
increased during the Lease Period, the Lessor may, by
written notice to the Lessee, increase the rent by the
amount of the increase in the levies, calculated on a
monthly basis. Every such increase in the rent shall
take effect on the first date of the month following
that in which the Lessor’s notice of the increase is
received by the Lessee or, whichever is the later, the
date on which the increase in levies takes effect
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| 3.4 |
That
in the event of the interest rate presently levied
upon the mortgage registered over the Leased Premises
or the levy on the premises being increased at any
time so as to cause the amount payable by the Lessor
in respect thereof to be increased beyond the amount
payable at the date of signature of this Agreement,
then the Lessee shall pay the Lessor an additional
amount equal to such monthly increase in the aforesaid
bond instalment.
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|
| 4. |
Deposit |
|
| 4.1 |
On
entering into this Lease, the Lessee shall pay the
Lessor a deposit of R__________________. |
| 4.2 |
Should
any amount due by the Lessee be deducted from the
deposit held by the Landlord at any time during the
currency of this Lease or at the expiration thereof,
the Lessee shall be obliged to pay to the Lessor such
sum so as to ensure that the deposit at all times
amounts to the sum reflected in 4.1 above.
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| 5. |
The
Lessee's Obligations |
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The
Lessee hereby agrees and undertakes :- |
|
| 5.1 |
to
pay on due date the charges levied by any competent
authority for water, electricity and gas and for such
sanitary, sewerage and all refuse removal services as
may not be included in the monthly levies levied on
the Leased Premises and any other tenant's consumption
charges including but not limited to telephone
charges. The Lessee shall be obliged to make
application for his own electricity and water
connections and to pay all deposits incidental
thereto. The Lessor shall be entitled to a refund of
the deposits paid to the credit of the Lessor; |
| 5.2 |
At
his own cost, to maintain and keep in repair the
interior of the Leased Premises and to keep properly
painted all interior surfaces where paint work is
required and to further maintain in good order and
repair the electrical, drainage, sanitary works,
machinery plant, if any, and any installations in the
Leased Premises, fair wear and tear excepted. If he
shall fail to do so, the Lessor may effect such
repairs or maintenance as may become necessary and
shall be entitled to recover the costs thereof from
the Lessee; |
| 5.3 |
To
keep and maintain all plate and window glass and
mirrors in the Leased Premises in good order and
condition and to replace at his cost any damaged or
broken glass unless such damage or breakage is
occasioned by vis major in which event the Lessor
shall be liable; |
| 5.4 |
Not
to drive any nails or other objects into walls or
woodwork or ceilings or any portion of the Leased
Premises. |
| 5.5 |
To use the
Leased Premises solely as a dwelling house for
himself and his family; |
| 5.6 |
Not
to store on the Leased Premises any goods of a
hazardous nature other than to the extent authorised
in the Insurance Policy for the time being issued to
the Lessor covering the Leased Premises against damage
by fire or explosion. If at any time the Lessee should
desire to store on the Leased Premises goods of a
hazardous nature in excess of those authorised by the
said Insurance Policy, he shall at once in writing
notify the Lessor of such intention. Upon receipt of
such notice, the Lessor shall take reasonable steps to
have the terms of such Insurance Policy altered to
cover such storage. In the event of the Insurance
Company requiring the Lessor to pay any additional
premiums, the Lessee shall be obliged to pay on demand
to the Lessor the amount of such excess premiums; |
| 5.7 |
To
allow the Lessor or his agents reasonable access to
the Leased Premises after receipt of reasonable notice
for the purpose of inspecting and repairing same; |
| 5.8 |
To
observe any of the conditions of title under which the
Lessor owns the Leased Premises or any laws, by-laws
or regulations which the Lessor is required to observe
by reason of his ownership of the Leased Premises; |
| 5.9 |
Not
to alter, interfere with or overload the electrical or
other lighting or heating installations in the Leased
Premises and to replace, at his own cost, all keys,
fluorescent or incandescent light bulbs and switches
and sockets used or contained in the Leased Premises; |
| 5.10 |
Not
to allow or permit disorderly conduct or noise in the
Leased Premises so as to constitute a nuisance to the
occupiers of neighbouring or adjoining units. |
| 5.11 |
Not to
allow the Leased Premises to stand vacant for any
period exceeding 1 (one) month during the term of this
Agreement; |
| 5.12 |
Not
to install any fixtures or fittings in the Leased
Premises without the written consent of the Lessor,
which consent shall not be unreasonably withheld. It
shall be at the option of the Lessee to remove any
authorised fixtures and fittings, provided that any
fixtures or fittings not removed shall become the
property of the Lessor without obligation to
compensate the Lessee in respect thereof. The Lessee
shall be obliged to make good any damage or blemishes
occasioned to the Leased Premises on removal by the
Lessee of any fixtures or fittings; |
| 5.13 |
Not
to make any alterations or additions to the Leased
Premises without the written consent of the Lessor; |
| 5.14 |
To observe
all the terms and conditions which may be imposed by
the Lessor in giving his consent in terms of clause
5.12 and 5.13; |
| 5.15 |
To
take care to avoid any blockage in any sewerage or
water pipes or drains connected with the Leased
Premises and to cause to be removed at his own cost
any obstruction or blockage which occurs in such pipes
or drains as a result of any negligent act or omission
on the part of the Lessee or his invitees, and to
cause to be repaired any sewer, pipe or drain which is
damaged in consequence of any negligent act or
omission on the part of the Lessee or his invitees. |
| 5.16 |
The
charges reflected herein shall be charges capable of
deduction from any deposit held by or on behalf of the
lessor during the currency of this Lease or at
termination thereof. |
|
| 6. |
Lessor's
Obligations |
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The Lessor
hereby agrees to keep and maintain, at his own cost, the
exterior and roof, gutters and drain pipes of the Leased
Premises (excepting the glass in windows and doors of the
Leased Premises) in good order and condition. |
| 7. |
Levies |
|
The Lessor
shall pay all levies which now or may hereafter be levied upon
the Leased Premises during the period of this Lease, subject
to the condition that in the event of such levies being at any
time hereinafter increased of the amount payable for the year
in which this Lease commenced, the Lessee shall pay such
increase on a pro rata basis, which amount shall be payable
monthly concurrently with the rental. |
| 8. |
Destruction
Or Damage Of Premises |
|
If the Leased
Premises shall be damaged or destroyed as a result of fire,
lightning, explosion or flood, this Lease shall not be
terminated thereby, but :- |
|
| 8.1 |
in
the event that the Lessee is, through no fault or
negligence on his part, be partially deprived of his
beneficial occupation of the Leased Premises in
consequence of damage caused by any such occurrence,
the Lessor shall take reasonable and expeditious steps
to repair the Leased Premises, and the Lessee shall
not be entitled to a reduction in the said monthly
rental which is commensurate with such deprivation; |
| 8.2 |
if
the Leased Premises shall be destroyed as a result of
any of the aforesaid occurrences or shall be damaged
to such extent that the Lessee is wholly deprived of
his beneficial occupation thereof, this Lease shall
ipso facto terminate. |
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| 9. |
Breach
And Automatic Late Charge |
|
| 9.1 |
An
automatic late charge of R100 (One Hundred Rand) will
be assessed for rents not received by 12h00 on the
date that the rent is due; |
| 9.2 |
Should
:- |
|
9.2.1 |
the
monthly rental or any other amount due in terms of
this agreement not be paid on due date; or |
|
9.2.2 |
the
Lessee commit or suffer or permit a breach of any
other term of this Lease and fail to remedy such
breach within 7 (seven) days after notice has been
given to the Lessee requiring the Lessee to remedy
such breach; or |
|
9.2.3 |
the
Lessee or any surety for the Lessee’s obligations be
placed under sequestration, or liquidation or judicial
management, whether provisional or final, as the case
may be, then the Lessor shall be entitled to
immediately cancel this Agreement and retake
possession of the Leased Premises without prejudice to
any of his other rights under this Lease or at law. |
| 9.3 |
The
Lessee agrees and undertakes to pay to the Lessor all
expenses, costs and charges which the Lessor may incur
arising out of a breach by the Lessee of this Lease,
including but not limited to any costs incurred in
tracing the Lessee, collection commission and legal
costs on an attorney and client scale. |
|
| 10. |
Swimming
Pool |
|
The Lessee
undertakes to keep and maintain any swimming pool filtration
equipment forming part of the Leased Premises in good order
during this Agreement of Lease and to supply the necessary
chemicals therefore and to keep same clean. If the swimming
pool or equipment be damaged through any act or omission on
the part of the Lessee or his invitees, the Lessee shall be
responsible to reinstate the said pool and equipment to the
good condition in which it was as at the date of commencement
of this Agreement, fair wear and tear excepted. |
| 11. |
Garden |
|
| 11.1 |
The
Lessee shall keep and maintain the garden, including
the lawns, trees, shrubs and plants in good order and
condition. Without derogating from the generality of
the aforegoing, the Lessee shall at his cost ensure
that:- |
|
11.1.1 |
the lawn
is mowed on a regular basis; |
|
11.1.2 |
the plants
are cared for in a proper manner. |
| 11.2 |
If
the Lessee shall fail to maintain the garden as above,
the Lessor shall be entitled in this discretion to
attend to same and to recover the cost thereof on
demand from the Lessee. |
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| 12. |
Animals |
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The
Lessee agrees that he shall not be allowed to keep any animals
inside or on the Leased Premises without the prior written
consent of the Lessor, which consent shall not be unreasonably
withheld. |
| 13. |
Cession
And Sub-Letting |
|
The
Lessee shall not without the prior written consent of the
Lessor:- |
|
| 13.1 |
cede,
transfer or burden any of its rights or delegate any
of its obligations under this Lease; or |
| 13.2 |
sub-let or
grant possession or occupation of the whole or any
part of the Leased Premises to any other person. |
|
| 14. |
Lessor's
Right To Inspect, View And Advertise The Property |
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The
Lessor shall be entitled :- |
|
| 14.1 |
to inspect
the Leased Premises at all reasonable times; |
| 14.2 |
to
affix and exhibit on the windows of the Leased
Premises “To let” and/or “For sale” notices
during the period of 2 (two) months immediately prior
to the termination of this Lease and; |
| 14.3 |
together
with prospective Lessees and/or purchasers of the
Leased Premises to view the interior of the Leased
Premises at all reasonable times. |
|
| 15. |
Exclusion
Of Liability |
|
| 15.1 |
Neither
the Lessor nor any of its directors, agents, employees
or servants shall be liable for personal injury to or
death of any person or the loss of or damage to any
property of whatsoever nature in the Leased Premises
arising or caused and whether by reason of the default
or negligence of the Lessor or any of the said persons
or otherwise. |
| 15.2 |
The
Lessee hereby indemnifies the Lessor and its
directors, agents, employees and servants against any
claim of whatever nature which may be made against any
of them arising out of any of the aforegoing
occurrences. |
|
| 16. |
Warrant
Of Authority |
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The
person signing this Lease on behalf of the Lessee expressly
warrants this authority to do so. |
| 17. |
Suretyship |
|
The
person signing this Lease shall be bound to the lessor as
surety and co-principal debtor for all the obligations of the
Lessee to the Lessor under this Lease as well as those arising
in consequence of any termination thereof. |
| 18. |
Costs |
|
The Lessee
shall be responsible for all costs together with VAT thereon
(if applicable) and stamp duty in respect of the negotiation
and preparation of this Agreement. |
| 19. |
Domicilia
And Notices |
|
| 19.1 |
The Lessee
chooses the Leased Premises as his/her/its domicilium
citandi et executandi.. |
| 19.2 |
Any
notice, demand or other communication properly
addressed by the Lessor to the Lessee at the latter’s
domicilium in terms hereof and sent by prepaid
registered post shall be deemed to be received by the
latter on the 4th (fourth) business date following the
date of posting thereof. This provision shall not be
construed as precluding the utilisation of other means
and methods (including telefacsimile) for the
transmission or delivery of notices, demands and other
communications, but no presumption of delivery shall
arise if any such other means or method is used. |
|
| 20. |
Sale
Of The Leased Premises |
|
The validity
of this Lease shall not in any way be affected by the transfer
of the Leased Premises from the Lessor pursuant to a sale
thereof. It shall accordingly, upon registration of transfer
of the property into the name of the purchaser, remain of full
force and effect save that the purchaser shall be substituted
as Lessor and acquire all rights and be liable to fulfill all
the obligations which the Lessor, as lessor, enjoyed or was
liable to fulfill in favour of the Lessee in terms of the
Lease. |
| 21. |
Rental
Housing Act |
|
The
parties acknowledge that in terms of the Rental Housing Act,
No. 50 of 1999, certain terms are deemed (where applicable) to
apply to this agreement. For ease of reference, such terms are
recorded herein:- |
|
| (a) |
the Lessor
must furnish the Lessee with a written receipt for all
payments received by the Lessor from the Lessee; |
| (b) |
such
receipt must be dated and clearly indicate the
address, including the street number and further
description, if necessary, of a Leased Premises in
respect of which payment is made, and whether the
payment has been made for rental, arrears, deposit or
otherwise, and specify the period for which payment is
made; |
| (c) |
the
Lessor may require a Lessee, before moving into the
Leased Premises, to pay a deposit which, at the time,
may not exceed an amount equivalent to an amount
specified in the agreement or otherwise agreed between
the parties. |
| (d) |
the
deposit contemplated in paragraph (c) must be invested
by the Lessor in an interest bearing account with a
financial institution and the Lessor must, subject to
paragraph (g) pay the Lessee interest at the rate
applicable to such account which may not be less than
the rate applicable to a savings account with a
financial institution, and the Lessee may during the
period of the lease request the Lessor to provide him
or her with written proof in respect of interest
accrued on such deposit, and the Lessor must provide
such proof on request. Provided that where the Lessor
is a registered estate agent as provided for in the
Estate Agency Affairs Act, 1976 (Act No. 112 of 1976),
the deposit and any interest thereon shall be dealt
with in accordance with the provisions of the Act; |
| (e) |
the
Lessee and the Lessor must jointly, before the Lessee
moves into the Leased Premises, inspect the Leased
Premises to ascertain the existence or not of any
defects or damage therein with a view to determining
the Lessor's responsibility for rectifying any defects
or damage or with a view to registering such defects
or damage, as provided for in subsection 5(7) of the
Act; |
| (f) |
at
the expiration of the lease, the Lessor and Lessee
must arrange a joint inspection of the Leased Premises
at a mutually convenient time to take place within a
period of three days prior to such expiration with a
view to ascertaining if there was any damage caused to
the Leased Premises during the Lessee's occupation
thereof; |
| (g) |
on
the expiration of the lease, the Lessor may apply such
deposit and interest towards the payment of all
amounts for which the Lessee is liable under the said
lease, including the reasonable costs of repairing
damage to the Leased Premises during the lease period
and the costs of replacing lost keys and the balance
of the deposit and interest, if any, must then be
refunded to the Lessee by the Lessor not later than 14
(fourteen) days of restoration of the Leased Premises
to the Lessor; |
| (h) |
the
relevant receipts which indicate the costs which the
Lessor incurred, as contemplated in paragraph (g) must
be available to the Lessee for inspection as proof of
such costs incurred by the Lessor; |
| (i) |
should
no amounts be due and owing to the lessor in terms of
the lease, the deposit, together with the accrued
interest in respect thereof, must be refunded by the
lessor to the Lessee, without any deduction or
set-off, within 7 (seven) days of expiration of the
lease. |
| (j) |
failure
by the Lessor to inspect the Leased Premises in the
presence of the Lessee as contemplated in paragraphs
(e) or (f) is deemed to be an acknowledgment by the
Lessor that the Leased Premises is in a good and
proper state of repair, and the Lessor will have no
further claim against the Lessee who must then be
refunded, in terms of this subsection, the full
deposit plus interest by the Lessor; |
| (k) |
should
the Lessee fail to respond to the Lessor's request for
an inspection as contemplated in paragraph (f), the
lessor must, on expiration of the lease, inspect the
Leased Premises within (7) seven days of such
expiration in order to assess any damages or loss
which occurred during tenancy; |
| (l) |
the
Lessor may in the circumstances contemplated in
paragraph (k), without detracting from any other right
or remedy of the Lessor, deduct from the Lessee's
deposit and interest the reasonable costs of repairing
damage to the Leased Premises and the cost of
replacing lost keys; |
| (m) |
the
balance of the deposit and interest, if any, after the
deduction of the amounts contemplated in paragraph
(l), must be refunded to the Lessee by the Lessor not
later than 21 (twenty-one) days after the expiration
of the lease; |
| (n) |
the
relevant receipts which indicate the costs which the
Lessor incurred, as contemplated in paragraph (l),
must be available to the Lessee for inspection as
proof of such costs incurred by the Lessor; and |
| (o) |
should
the Lessee vacate the Leased Premises before
expiration of the lease, and without notice to the
Lessor, the lease is deemed to have expired on the
date that the Lessor established that the lessee has
vacated the Leased Premises but in such event the
Lessor retains all his or her rights arising from the
Lessee's breach of the lease. |
| 21. |
Whole
Agreement |
| 21.1 |
This
is the entire agreement between the parties. |
| 21.2 |
Neither
party relies in entering into this Lease upon any
warranties, representations, disclosures or
expressions of opinion which have not been
incorporated into this Lease as warranties or
undertakings. |
| 21.3 |
No
variation or consensual cancellation of this Lease
shall be of any force or effect unless reduced to
writing and signed by both parties. |
|
| 22. |
Non-Waiver |
|
| 22.1 |
Neither
party shall be regarded as having waived, or be
precluded in any way from exercising any right under
or arising from this Lease by reason of such party
having at any time granted any extension of time for,
or having shown any indulgence to the other party with
reference to, any payment or performance hereunder, of
having failed to enforce, or delayed in the
enforcement of, any right of action against the other
party. |
| 22.2 |
The
failure of either party to comply with any
non-material provision of this Lease shall not excuse
the other party from performing the latter’s
obligations hereunder fully and timeously. |
|
| 23. |
House/Conduct
Rules |
|
A
copy of the House/Conduct Rules shall be annexed to this
Agreement. |
| 24. |
Special
Conditions |
|
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
SIGNED at PORT ELIZABETH on
this day of 2000.
AS WITNESSES:
1. _____________________
________________________________
for and on behalf of the
Lessor
2. _____________________
SIGNED at PORT ELIZABETH on
this day of 2000.
AS WITNESSES:
1. _____________________
________________________
for and on behalf of the
Lessee, warranting his authority and as surety.
2. _____________________ |
|