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1
FEES
2
SIGNATURES
3
DEFINITIONS
4
WITNESSES
5
HOUSE RULES
SPECIFICATIONS (Admin only)
Flat / Unit Number:
U
Rental per month:
R
Deposits Required (Tag, Remote & Key):
R200
Deposits Required (Damages - 2 month’s Rent):
R
Annual Service Fee (Water & refuse):
R1000
Wi-Fi:
10gigs included
Wi-Fi: Additional wifi required (R20/gig or R100/8gigs):
R
Parking Required
Motorbike Parking (R150pm)
Car Parking (R200pm)
Total Amount Payable:
Leese Agreement
ENTERED INTO BETWEEN
46 DURBAN ROAD CC
(“The Landlord / Lessor”)
Registration No: 2006/196297/23
AND
................................................................................
("The Signatory / Lessee")
ID
FOR
................................................................................
("The Tenant")
ID
*
DETAILS OF PREMISES
(Admin only)
STREET ADDRESS: 46 Durban Road, Rosebank, Cape Town
UNIT NUMBER:
FLOOR NUMBER:
PARKING BAY (VEHICLE) NUMBER:
PARKING BAY (MOTORCYCLE) NUMBER:
STORE ROOM: N/A
ONCE OFF FEES
(Admin only)
LEASE PREPARATION /ADMIN FEE & CREDIT CHECK:
R1000.00 (PAYABLE WITH APPLICATION FORM)
OTHER CHARGES
SERVICE CHARGES (COMMON AREA’S PER ANNUM):
R1000.00
DEPOSIT (KEY/TAG):
PARKING BAY (MOTORCYCLE) NUMBER:
R200.00
DAMAGES DEPOSIT (Double monthly rental):
R
TOTAL:
R
The Lessee plus two witnesses need to initial every single page as well as their respective fields
DEFINITIONS
1
DURATION OF INITIAL PERIOD
1.1
This Lease will be for a MINIMUM period of twelve (12) months and will start on 01/02/2018 and end on 31/01/2019 (The “Initial Period”).
2
DEFINITIONS AND EXPLANATIONS
2.1 In this Agreement, the words below mean the following:
2.1.1 “The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 read together with any regulations made under it;
2.1.2 this “Agreement” means this Lease between the Landlord//Lessor and Signatory/Lessee together with its annexures;
2.1.3 the “Initial Period” means the period of this Lease as described in clause 1.1.1;
2.1.4 “the Premises” means the property located at 46 Durban Road, Rosebank, Cape Town, including the Unit;
2.1.5 “the Unit” means
Unit Number ..............
located on the
..............Floor
of the Premises, together with any parking areas and storage rooms described under the heading titled “Details of Premises”’
2.1.6 “the Landlord/Lessor” means 46 Durban Road CC;
2.1.7 “the Signatory/Lessee/Tenant” refers to the party or parties described on the first page of this Agreement;
2.1.8 “Business Day” means any day of the week, excluding Sundays and public holidays;
2.1.9 “Month” means a calendar month;
2.1.10 “the rental” means the rental that must be paid by the Signatory/Lessee/Tenant to the Landlord/Lessor for renting the Premises;
2.1.11 “deposit” means the amount/s the Signatory / Lessee / Tenant must pay to the Landlord / Lessor before the Tenant moves into the Premises;
2.1.12 “The Rental Housing Act” means the Rental Housing Act 50 of 1999 read together with the any regulations made under it;
2.1.13 “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 it results from negligence, carelessness, accidents, or abuse by the Tenant or its visitors;
2.1.14 “specific performance” means the fulfilment of the party’s obligations under this Lease;
2.1.15 “material breach” means any breach of this Lease (Including Annexure A: House Rules) which:
2.1.15.1 this Lease defines as a “material breach”;
2.1.15.2 has or is likely to have a serious legal impact on the other party to this Lease;
2.1.15.3 has or is likely to have a serious impact on the ability of the other party to this Lease to enjoy its rights under this Lease;
2.1.15.4 is not remedied by the party who is in breach within 20 (twenty) business days of being asked to do so by the other party; or
2.1.15.5 happens more than once in any three (3) month period.
2.2 Any reference to one gender includes the other gender.
2.3 Any reference to the singular includes the plural and any reference to the plural includes the singular.
2.4 No provision of this Lease is intended to contravene or limit the applicable provisions of the Consumer Protection Act or the Rental Housing Act.
3
THE LEASE
3.1 The Landlord leases the Unit to the Lessee, and the Lessee hires the Unit from the Landlord in the terms of this Lease.
4
DEPOSIT
4.1
The Lessee will pay a deposit of Two month’s rental, totalling
R.............. (.............. Rand)
before moving into the Unit as well as a further R200.00 (key deposit) to cover expenses including (if applicable) a remote and tag. The Lessor will then hold amount of
R.............. (.............. Rand)
in an investment account.
4.2 When this Lease ends, the Landlord may use the deposit, together with any interest on it, to pay all amounts which the Lessee is liable for under this Lease, including the reasonable cost of repairing damage to the Unit during the Lease period, the cost of replacing lost keys, the cost of having to clean the unit (if applicable), any rental that was not paid by the Tenant during the Lease period and any other charges owing under this Lease, including any cash handling fees, etc.
4.3 This deposit amount will be placed in an interest-bearing account with a financial institution. After deducting any amounts owing to the Landlord, the Landlord must pay the rest of the deposit to the Lessee, together with interest at the applicable rate, within 14 (fourteen) days after the Tenant leaves the Unit.
4.4
If there is any increase in the rental that the Lessee must pay, the Lessee must pay extra towards the deposit so that the deposit is equal to two months rental and R200 key deposit.
4.5
The Lessee cannot ask the Landlord to use the deposit to cover any rental which the Lessee/Tenant owes and the Lessee’s acknowledge that they will be liable for rental and any other charges for penalties defects etc. until the lease expires on 31/1/2019.
5
MONTHLY CHARGES
5.1
The Lessee will pay the following to the landlord
Unit Rental (Per Month): R
Vehicle Parking Per Month R200: R
Motorcycle Parking Per Month R150: R
Wi-Fi (10gigs) per month: Free
Additional (1 gig): R
@ R100.00 for 8 gigs or R20.00/gig
Total (rand) per month: R
The amount which the Lessee must pay the Landlord must be reflected in the Landlord’s bank account on or before the FIRST day of every consecutive month. The Lessee / Signatory will ensure that the Landlord has received proof that a stop order has been set up for the full period of the Lease Agreement and that the Lessor receives proof of the stop order prior to the tenant taking occupation of the unit. The Lessee / Signatory has to indicate the Unit Number and Surname as the beneficiary reference.
5.2
The Landlord's Bank Details are as follows:
Bank Name: Nedbank
Branch Name: Sea Point
Branch Code: 106-909
Account Number: 1069397628
Account Name: 46 Durban Road CC
SWIFT CODE: NEDSZAJJ
Beneficiary Reference no: UNIT NO..............
A R250.00 penalty levy will apply to all late payments as per clause 5.2 and will be charged to your account accordingly as agreed by the Lessee. The Lessee may only make monthly payments in terms of this Lease by stop order.
5.3
If the Landlord is charged any bank charges as a result of a payment made by the Lessee/Tenant in terms of this Lease, the Lessee/Tenant will have to pay those bank charges (i.e. cash deposits) on presentation of invoices. The Lessee will ensure that if the rental is transferred via foreign exchange that the cost of transferring such funds will be borne by the Lessee and that the Lessee will ensure that the correct rental will be paid into the Landlord’s account, free of any foreign exchange charges). If the Lessee does not use the correct beneficiary reference when making deposits
(.............. & Surname..............Rental),
the Lessor will be entitled to charge a penalty fee of R100.00 per transaction administration fee and this amount will be payable on demand.
5.4 The record on the Landlord’s bank statement confirming that payment has been made is proof of payment by the Lessee/Tenant. The Landlord will not be required to issue any receipts.
6
CHARGES BY SERVICE PROVIDERS
6.1 The Lessee/Tenants must share all common expenses relating to the Unit. These include, where applicable:
6.1.1 Common area electricity
6.1.2 water;
6.1.3 DSTV; and
6.1.4 gas, sewerage, refuse removal all utility charges, including any increases in these amounts the above being included in the once off R1000.00 service charge on initial deposit.
6.2 If the Lessee/Tenant does not pay any amount owing to a service provider, the Landlord can deduct money from the Lessee’s deposit to pay these accounts. It also constitutes a material breach of this Lease if the Lessee/Tenant does not pay for such services.
7
JOINT INSPECTION OF THE UNIT
7.1 The Tenant and the Landlord (or the Landlord’s representative) will inspect Unit together before the Tenant moves in to see if there is any existing damage or defects in the Unit.
7.2 A list of these damages and defects, if any, will be written down and attached to this Lease.
7.3 If the Tenant discovers any damage of defect at the Premises after the inspection, the Tenant must notify the Landlord within 48 hours of taking occupation so the Landlord can remedy these damages or defects or provide the Tenant with a written acknowledgment that such damage or defects exists.
7.4 The Landlord is not liable for any damages or defects which:
7.4.1 the Tenant knew about at the inspection but did not request the Landlord to write down; or
7.4.2 the Tenant learnt of after the inspection but did not promptly inform the Landlord about.
7.5 Within 3 (three) days before this Lease ends, the Landlord (or the Landlord’s representative) and the Tenant will inspect the Unit together to see if there were any damages caused to the Unit or any of the Landlord’s furniture within the Unit during this Lease (including any renewal periods). If the Tenant does not come to the inspection, the Landlord will inspect the Premises within 7 (seven) days after this Lease ends, without the Tenant to determine if any damaged was caused.
7.6 The Landlord can:
7.6.1 deduct money from the Lessee’s deposit to repair any damage; and
7.6.2 charge the Lessee for any amount over and above the value of the deposit, if the damage costs more than the amount of the deposit to repair.
8
USE OF UNIT
8.1 The Tenant will only use the Unit as a residence, not for work purposes. The use of the Premises by the Tenant must be conducive to study at all times.
9
TENANT’S GENERAL DUTIES
9.1 The Tenant must –
9.1.1 ensure the Unit remains in good order and condition at all times;
9.1.2 regularly clean the inside of the Unit, including the carpets, kitchen, shower, convection oven, floor coverings and tiles;
9.1.3 take proper care of the furniture in the Unit, and refrain from allowing it to be used for any purpose for which it was not intended;
Have the carpets inside the Unit cleaned by a professional carpet cleaning company at his/her own cost when this Lease ends or is ended. If the Landlord is unhappy with the cleaning, the Landlord may deduct that cost from the Tenant’s deposit and pay for it to be done by somebody else. The Landlord will charge R250.00 to have the unit cleaned if the Landlord is not satisfied that the Tenant has cleaned the unit properly. Should the Landlord have to have the fridge defrosted and cleaned at any time, the Lessee/Tenant will pay the Landlord R250.00.
9.1.4 keep the Unit clean, tidy and habitable;
9.1.5 take all reasonable steps to stop blockage and obstruction in the drains, sewage pipes and water pipes in the Premises;
9.1.6 return the Unit at the end of this Lease in the same order and condition it was received apart from fair wear and tear;
9.1.7 keep the Unit clear from any cockroaches, moths etc. during the tenancy
9.1.8 give the keys back to the Landlord by latest 12pm the day that the lease expires.
9.2 The Tenant must not –
9.2.1 make any structural changes or additions to the Premises, stick adhesive picture holders into or deface the walls, drive nails or other objects into any portion of the Premises or paint the interior or exterior of the Premises without the Landlord telling the Tenant in writing that he may do so;
9.2.2 interfere with the Premises’ electrical, plumbing or gas system unless the Tenant needs to do maintenance allowed by this Lease;
9.2.3 use any gadgets or tools or keep liquids which may explode and which may cause the insurance policy of the Landlord to be questioned by the Landlord’s insurers.
9.2.4 hold back on any payment to which the Landlord is legally entitled;
9.2.5 while this Lease is in place, remove any of his furniture, TV etc. as this is property that can be sold by the Sheriff if the Lessee/Tenant does not pay his rental;
10
HOUSE RULES
10.1
The Lessee & Tenant will read and understand the House Rules for the Premises and accepts that these rules are an essential part of this Lease. Any breach of the House Rules is a material breach of this Lease. A copy of the House Rules is attached to this Lease.
11
LEASING TO SOMEONE ELSE OR ALLOWING SOMEONE ELSE TO STAY WITH YOU
11.1 Only the Tenant may reside in or occupy the Unit.
11.2 Tenant needs to obtain written permission from the Landlord or his representative as well as his/her roommate should he/she wish to have a visitor spend the night. It will be at a cost of R100.00/night and this amount will be payable to the Lessor or Security Desk (once permission has been granted) prior to the visitor’s arrival and tenants will be limited to 2 nights a month for visitors (The first night will be free). The Landlord reserves the right to limit visitation.
12
MAINTENANCE AND REPAIR WORK TO THE PREMISES
12.1 The Tenant must promptly complete repair work (within 3 working days), which he is responsible for under this Lease. If the Tenant does not do so, the Landlord can have such work done and require the Lessee to pay for it.
12.2 If the Tenant discovers that maintenance or repair work needs to be done which the Tenant is not responsible for, the Tenant must tell the Landlord / (Email: debbie@nest.co.za) as soon as he learns such work needs to be done. If the Tenant does not do so, the Landlord can have such work done and require the Lessee to pay for it.
12.3 The Lessee agrees access to the Landlord or his representative to do a standard maintenance check on the unit twice per month and the Tenant will be notified timeously.
13
REASONABLE ACCESS TO THE PREMISES BY THE LANDLORD
13.1 If the Landlord or his agents and contractors need to have access to the Premises to inspect it or to make repairs, alterations, additions, modifications or improvements, the Tenant must give them access to the Premises for this purpose. The Landlord must give the Tenant a reasonable time to make arrangements for this to happen.
13.2 However, if emergency work needs to be done at the Premises, the Tenant must give the Landlord or his agents and contractors immediate access to the Premises.
14
ADDRESSES WHERE TENANT AND LANDLORD WILL RECEIVE LETTERS AND NOTICES
14.1 The Landlord chooses the office on the second floor @ 46 Durban Road as the address where he will receive all letters and notices and will also accept letters or notices sent via email.
14.2 The Lessee & Tenant chooses Unit.............. as the address where he will receive all letters and notices and will also accept letters or notices sent via email.
14.3 Any letters or notices that either the Landlord or Lessee sends by registered post to the other person will be considered received 4 (four) days after the date of posting.
14.4 Letters or Notices delivered to the above mentioned address by hand or sent to the facsimile number or email address on the following details will be considered received on the date of delivery or transmission even if the Landlord or Lessee or Tenant is not present at the address at the time of delivery or transmission.
THE LANDLORD 46 DURBAN ROAD CC
Tel. number 27-21-6859247 / © 0743304222
Tel. Number: 27-21-4225525 (Pearl Jacobs / pearl@africanspiritcpt.co.za: Accounts)
Email Address: debbie@nest.co.za (All applications and correspondence)
THE TENANT
........................................................
LESSEE/SIGNATORY
........................................................
Email address Signatory: ..............................................
Tel. No. Signatory (B): ...................................................
Tel. No. Signatory (H): ...................................................
Cell. No: Signatory: ........................................................
15
COSTS
15.1 If either the Landlord or Lessee takes legal action against the other, both can claim costs from the other on the same scale of costs.
15.2 The Lessee or Landlord must also pay any reasonable charges that the innocent party incurs due to late payments by the other party.
16
RELAXATION OR INDULGENCES
16.1 If either party chooses not to act against the other when there is a breach of this Lease, it does not mean that such party accepts the breach or cannot demand compliance at a later stage.
17
JURISDICTION OF THE MAGISTRATES’ COURT
17.1 The Landlord and the Lessee agree that the Magistrates’ Court where the Premises is situated is the Court that will be used to resolve all disputes under this Lease.
18
LANDLORD’S RIGHTS ( HYPOTHEC )
18.1 All items brought onto the Premises by the Lessee or Tenant will serve as security for the Lessee/Tenant’s compliance with its obligations under this Lease. The Lessee/Tenant may not give up his rights or possession of these items or remove them from the Premises.
19
SURETYSHIP
19.1 If the Lessee / Signatory is a body corporate, partnership, association, company, close corporation or trust, this Lease is not valid unless the trustees, partners, directors or members confirm in writing that they are agreeing to be personally liable under this Lease, together with the Tenant.
19.2 If the person signing this Lease is not the Tenant, the person signing confirms they have the right to do so and accepts their liability jointly and severally with the Tenant as surety and co-principal debtor for amounts which the Tenant may owe under this Lease.
20
ENTIRE AGREEMENT IN WRITING
20.1 No changes to this Lease will be valid unless the Landlord and Lessee agree sign that those changes(s) in writing.
20.2 The Landlord and the Lessee agree that this Lease contains everything agreed to between them.
21
FOREIGNERS AND THEIR DUTIES
21.1 If the Tenant is not a citizen or permanent resident of South Africa, he confirms he:
21.1.1 is not in the country in contravention of the Immigration Act 13 of 2002; and
21.1.2 has permission to be in the country for the period of this Lease (including any Renewal Periods).
21.2 It is the Tenant’s duty alone to comply with the above clause.
21.3 Will supply the Lessor with a valid Visa for the duration of the lease
22
MATRIMONIAL PROPERTY ACT
22.1 If any person signing this Lease is married in community of property, they confirm that their spouse gave them permission to sign this Lease.
23
CREDIT INFORMATION
23.1 The Lessee/Tenant agrees and allows:
23.1.1 the Landlord or the Landlord’s Agent to contact, request and obtain information at any time and from any credit provider (or potential credit provider) or registered credit bureau to assess the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Lessee/Tenant;
23.1.2 the Landlord or the Landlord’s Agent to provide information about the behaviour, profile, payment patterns, indebtedness, whereabouts, and creditworthiness of the Lessee/Tenant to any registered credit bureau or to any credit provider (or potential credit provider) seeking a trade reference regarding the Lessee/Tenant’s dealings with the Landlord.
24
SIGNATURE OF PARTIES ON DIFFERENT COPIES OF THIS LEASE
24.1 If this Lease (or any part of it) is signed by the Landlord and Lessee on different copies, it will be valid despite the fact that their signatures are not on a single document.
25
EFFECT OF INVALIDITY OF PROVISIONS
25.1 If a provision of this Lease becomes or is found to be unlawful, invalid or unenforceable, the rest of this Lease will not be affected. If possible, the parties must use legal, valid and enforceable provisions in place of any unlawful, invalid or unenforceable provisions so the true intentions of the parties to this Lease when this Lease was signed are correctly reflected.
26
ACKNOWLEDGMENT BY THE LESSEE & TENANT
26.1 The Lessee & Tenant confirms they have read and understand this Lease, been explained all necessary clauses by the Landlord, been advised of all his rights in terms of this Lease and the relevant sections of the Consumer Protection Act, if applicable, and signs this Lease, freely and voluntarily.
27
LIABILITY OF THE PARTIES
27.1 The parties cannot sue each other for any loss, damage or injury which they suffer unless:
27.1.1 the party being sued was grossly negligent; or
27.1.2 the party being sued breached the provisions of the Consumer Protection Act or Rental Housing Act.
28
RIGHT OF CANCELLATION WITHOUT REASON OF PENALTY
28.1 The Landlord and the Lessee/Tenant confirm that:
The Landlord did not first approach the Lessee/Tenant directly to persuade the Lessee/Tenant to conclude this Lease. Instead, the Lessee/Tenant contacted the Landlord of his own accord to discuss the leasing of the Premises. The Lessee/Tenant therefore does have the rights under the above clause.
29
AUTOMATIC CONTINUATION OF THIS LEASE
29.1 After the Initial Period is over, this Lease will automatically continue on a month-to-month basis, subject to Landlord/Lessee agreement and any material changes which the Landlord has informed the Lessee/Tenant of under clause 30.1, unless:
29.1.1 Either party expressly tells the other before the end of this the Initial Period that they do not want this Lease to continue after the Initial Period is over; the parties enter into a new Lease for a fixed period or signs an Addendum to the Lease Agreement, agreeing to rent the premises for a further 12 months, ending 31/1/2019
29.2 If this Lease is continued on a month-to-month basis after the initial 12 months in terms of the above clause, either party may then end this Lease without reason or penalty, providing they give the other party 20 (twenty) business days written notice that they are ending this Lease.
30
NOTIFICATION OF END OF INITIAL PERIOD
30.1 In order to allow the Lessee to decide whether to continue with this Lease after the Initial Period is over, the Landlord will notify the Lessee/Tenant in a letter not less than 20 (twenty) working days before the end of the Initial Period of the following:
30.1.1 the date the Initial Period ends;
30.1.2 any material changes that will apply if this Lease is automatically continued on a month-to-month basis after the end of the Initial Period;
30.1.3 that this Lease will be automatically continue on a month-to-month basis after the Initial Period ends subject to Landlord/Lessee agreement and, unless the Tenant expressly asks the Landlord in writing not to continue this Lease prior to its expiry or the parties enter into a new lease for a fixed period.
31
BREACH OF THIS LEASE (INCLUDING HOUSE RULES) BY THE TENANT/LESSEE
31.1 If the Lessee or Tenant breaches this Lease, the Landlord may apply to a Court:
31.1.1 where the breach involves non-payment of rental by the Lessee/Tenant, for the recovery of any rental or any other charges which the Lessee/Tenant has not paid;
31.1.2 where the breach consists of not giving up possession of the Premises after the end of this Lease (including any renewal periods):
31.1.2.1 for the recovery of possession of the Premises from the Lessee/Tenant;
31.1.2.2 for the recovery of compensation for the use and occupation of the Premises by the Tenant;
31.1.3 for the recovery of damages suffered by the Landlord as a result of the breach.
31.2 In the case of a material breach of this Lease by the Lessee/Tenant, the Landlord may also cancel this Lease if the Lessee/Tenant does not remedy the breach within 20 (twenty) business days of an email/letter, formally advising the tenant being in breach of the lease, being sent to the Lessee/Tenant instructing the Lessee/Tenant to do so.
32
BREACH OF THIS LEASE BY THE LANDLORD
32.1 If the Landlord breaches this Lease, the Lessee may apply to a Court:
32.1.1 for the recovery of any damages suffered by the Lessee as a result of from the breach;
32.1.2 for specific performance under this Lease.
32.2 In the case of a material breach of this Lease by the Landlord, the Lessee after formally advising the landlord being in breach of the lease via email or letter, may also cancel this Lease without penalty if the Landlord does not remedy the breach within 20 (twenty) business days of a letter being sent to the Landlord instructing him to do so.
33
CANCELLATION OF THIS LEASE BY THE LESSEE/SIGNATORY BEFORE THE INITIAL PERIOD ENDS
33.1 If the Lessee chooses to cancel this Lease for a reason other than a material breach of this Lease by the Landlord, the following will apply:
33.1.1 the Lessee must give the Landlord at least 20 (twenty) business days written notice of cancellation;
33.1.2 the Landlord can recover any loss suffered as a result of the early cancellation of this Lease by charging the Lessor/Tenant a reasonable cancellation penalty, which will be not less than R.............. (…..............rand/1 months rental) but not more than R.............. (3 months rental) depending on the circumstances of the cancellation, including the amount of time until the Initial Period ends and whether the Landlord is likely to find another Tenant within a reasonable time. The Lessee/Tenant agrees this is a fair and reasonable cancellation penalty;
33.1.3 if the Landlord, by acting reasonably and diligently is able to enter into a new Lease during the 20 (twenty) business day notice period, and the new Lease is equal or longer than the remaining period of this Lease, before the next month’s rental is due, the Lessee must only pay the advertising costs and any commission due to the Agent. The advertising costs and commission charged under this clause cannot be more than the reasonable cancellation penalty agreed to in the above clause.
I agree to the definitions in this document.
*
Yes
No
WITNESSES
DATED AT .............................. ON THIS ........................ /DAY OF .........../.........../2018
In the presence of the undersigned witnesses
AS WITNESS
1 .....................................................................
2 .....................................................................
LANDLORD/LESSOR
46 DURBAN ROAD CC
.....................................................................
DATED AT .............................. ON THIS ........................ /DAY OF .........../.........../2018
In the presence of the undersigned witnesses
AS WITNESS
1 .....................................................................
2 .....................................................................
LESSEE/SIGNATORY (FIRST LESSEE)
NAME & SURNAME:
*
ID NUMBER
*
CELL NUMBER
*
BUS / HOME TEL
Email
*
IF MARRIED IN COMMUNITY OF PROPERTY, BOTH THE HUSBAND & WIFE HAVE TO SIGN THE LEASE AGREEMENT. IF A COMPANY/TRUST, ETC. IS THE LESSEE, WE REQUIRE THE COMPANY’S REGISTRATION DOCUMENTS, RESOLUTION FROM MEMBERS, ETC. AUTHORIZING THE SIGNATORY/LESSEE TO SIGN THE AGREEMENT ON BEHALF OF THE COMPANY AND PERSONAL SURETYSHIP WILL BE REQUIRED BY THE MEMBERS/TRUSTEES OF THE COMPANY.
46 DURBAN ROAD CC
HOUSE RULES
ANNEXURE A
The following House Rules will apply:
Interpretation:
1. Headings of paragraphs are for reference purposes only and shall not be used in interpreting the content of the rules.
2. Reference to the one gender shall include reference to the other gender as well.
Application of the House Rules
The provisions of these House Rules shall be binding on the Lessee’s / Occupants of any section, and it shall be the duty of the Lessee’s / Occupants to ensure compliance with the rules, including employees, guests and any member of the Lessee’s / Occupant’s family.
1
The Use & Enjoyment of the Common Property
1.1 The Lessee’s / Occupants shall use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other occupants or other persons lawfully on the premises;
1.2 The Lessee’s / Occupants shall be liable to the Lessor/Owner for all damages suffered as a result of damage to the unit as well as common property, however arising, including by negligence.
2
Appearance of the Building & Common Property Areas
The Lessee’s / Occupants shall not:
2.1 Install air-conditioning units, aerials, satellite dishes, telephone lines, equipment or decoration on any part of the common property without first obtaining the written consent from the owner of the property, which consent may not be unreasonably withheld.
2.2 Hang washing, linen, carpets or mats on any part of the buildings, the common property, over balconies, on blinds / window sills, etc. in the units, on landings or in any such way so as to be visible from outside the buildings or from any other sections.
2.3 Store or leave any articles, possessions, refuse, debris or dirt in any part of the buildings or on the common property other than in his section or in the designated refuse area (situated in the parking area).
2.4 Place, store or do anything on any part of the common property, including balconies, patios, stoeps, store rooms and parking bays, which, in the discretion of the owners, is aesthetically displeasing or undesirable when viewed from the outside of the section.
3.
Vehicular Access & Use
3.1 The Lessee’s / Occupants shall not exceed a speed limit of 8kph while driving on the common property.
3.2 The Lessee’s / Occupant’s shall not sound a vehicle hooter on the common property, unless as a warning of imminent danger.
3.3 The Lessee’s / Occupant’s shall not do any vehicle cleaning or repairs on the common property.
3.4 The Lessee’s / Occupant’s shall not play loud music from their vehicles on any part of the property.
4.
Parking
4.1 The Lessee’s / Occupant’s shall not park his/her vehicle anywhere on the common property other than in the parking bays allocated to him/her and may under NO CIRCUMSTANCES park his/her vehicles or vehicles belonging to their visitors anywhere else on the property.
4.2 Should a tenant/lessee illegally park vehicles on the premises, the Lessor/landlord will be entitled to claim R100/day as a parking fee and the amount will be payable immediately.
4.3 The Lessee’s / Occupant’s shall ensure that their vehicles, and the vehicles of their visitors and guests, do not drip oil or brake fluid on to the common property or in any other way deface the common property. The Lessee’s / Occupant’s shall be responsible to clean the common property if they have dirtied or defaced the common property in terms of this rule. If they fail to comply with this rule, the Lessor may have the area cleaned and recover the costs thereof from the Lessee’s / Occupants, as if the costs are an expense in terms of provisions of Section 37(1) of the Act.
4.4 There are no visitors parking bays available on the premises. The Lessee’s / Occupant’s shall ensure that all visitors to the scheme park outside of 46 Durban Road CC unless the Lessee’s / Occupant’s makes the parking bay, which he is entitled to use, available to the relevant visitor. If there are available parking bays that a visitor can use, the visitor will pay R20.00/day in advance into the Lessor’s bank account for secure parking on the premises.
4.5 The Lessee’s / Occupant’s shall not use his or her parking bay other than for the parking of a licensed motor vehicle / motorcycle in working order and shall not permit it to be used in such a manner or for such purposes as are likely to impair the safety of any person legally entitled to be present at the scheme or impair the appearance or amenity of any other section or common property.
4.6 The Lessee’s / Occupant’s shall not use the parking bay which he/she is entitled to use for storage purposes, such as the storage of furniture, building equipment, building material, refuse and rubble.
5.
Security, Gates & Doors
5.1 The Lessee’s / Occupant’s shall not allow any person access to the scheme, unless such a person is visiting the relevant lessee’s / occupant and the tenant has obtained permission from the Landlord or the Landlord’s representative before 17h00 on the day that the visitor would like to stay over.
5.2 The Lessee’s / Occupant’s shall use the vehicular gate only when they wish to leave or gain access to the scheme with their vehicles. Without derogating from the generality of the foregoing, the vehicular gate shall not be used by occupants wishing to leave or gain access to the scheme on foot.
5.3 The Lessee’s / Occupant’s shall ensure that when he/she moves into the section, which necessitates the vehicular gate being left open, he/she shall station a person at the open doors and/or gates to assist in enforcing the provisions of Rule 5.1
5.4 The Lessee / Occupant (or their visitors) shall under no circumstances make use of the fire escape doors to enter / exit the building from the parking area. Should an occupant or their visitors illegally access the building through the fire escape doors, a penalty of R1000.00 will be charged, which will be payable on demand.
6.
Nuisance & Noise
6.1 The Lessee’s / Occupant’s shall not cause or allow to be caused excessive and/or persistent noise due to or by the use of, inter alia, shouting, hi-fi systems, radio receivers, television sets, musical instruments, loud cellular telephonic discussions, etc.
6.2 The Lessee’s / Occupants shall not engage in either the teaching or practicing of musical instruments, singing or dancing in either their section or on common property whether professionally or otherwise, if this use of the section or the common property shall cause a nuisance to any occupier of a section.
6.3 The use of power tools, hammering, banking, sawing, and cutting is only permitted during the following hours: Monday to Friday: 08h00 to 13h00 and 14h00 to 17h00. No work will be allowed on Saturdays, Sundays and Public Holidays, except in case any emergency repairs need to be done by the Lessor.
6.4 The Lessee’s / Occupants of units fitted with tiled or wooden floors shall ensure that their furniture is fitted with pads or eliminate noise when such furniture may be moved. This includes furniture used on balconies.
6.5 The Lessee’s / Occupant’s shall not allow the run-off of excess water when watering plants on balconies and the repair of any damage caused to common property or other sections shall be for the cost of the person causing the run-off.
6.6 The Lessee’s / Occupant’s shall not make noise in his section that is clearly audible outside the section at ANY TIME so as to annoy other occupants in the building between 22h00 and 09h00 on weekdays and between midnight and 10h00 on weekends.
6.7 The Lessee’s / Occupant’s shall ensure that all his/her visitors have left the premises by latest 24h00: Monday to Sunday
7.
Fire protection and detection equipment
7.1 The Lessee’s / Occupant’s shall not tamper with or use any fire hose extinguisher. This equipment may only be used in the event of a fire.
7.2 The Lessee’s/ Occupants shall not cover the smoke detectors in any part of the building. A R500 fine will be levied for any interference or setting off of any smoke detectors or fire detection/prevention equipment.
8.
Refuse
8.1 The Lessee’s / Occupants of a section shall:
8.1.1 Maintain in a hygienic and dry condition, a receptacle for refuse within his section.
8.1.2 Not leave plastic rubbish bags on or any rubbish on the land and any part of the premises.
8.1.3 Remove all big rubbish items from the scheme if these items do not fit into the scheme’s refuse bins. This includes any big cardboard containers that cannot be broken down.
8.1.4 Owners/occupiers are to place refuse in the refuse room on the premises (situated in the parking area of the building.
9.
Maintenance of sections
It will be the responsibility of the occupants to maintain and repair his section in a state of good repair. This includes the regular clearing of the shower / kitchen / toilet drains, which can cause a blockage. Occupants will be responsible to ensure that there is no infestation of cockroaches, etc. in their unit caused by the unit not being kept clean at all times. Should the Lessor find cockroaches, moths, etc. the Lessor will arrange to have the unit fumigated and the Lessee will be responsible for the payment of such treatment on demand.
The Lessee & Tenant agrees access to the Landlord or his representative to do a standard maintenance check on the unit twice per month or as otherwise notified and the Tenant will be notified timeously.
10.
Unoccupied Units
If a section is left unoccupied for a period of seven days or more, the lessee’s / occupant’s shall ensure that the fridges are cleared out and cleaned before going away for an extended period. Should the Lessee/Occupants not clean out the fridges before departing on holiday or when they move out at the end of their lease, the Lessor will arrange to have this done and the Lessee/Occupants will be charged R250.00, which will be payable on demand.
11.
Pets
11.1 No dogs, birds, reptiles, rodents or any other types of animals are allowed in a section or on the common property.
11.2 The Lessee’s / occupants shall not feed stray cats.
11.3 Visitors to the scheme are not permitted to bring animals or birds either onto the common property or into the building and sections.
12.
Braais/Barbecues
The Lessee’s / occupant’s shall not make open fire braais or barbecues (gas or otherwise) on balconies or anywhere on the common property, unless in designated area’s (if applicable).
13.
Occupation of Units
13.1 An occupier will abide by the specifications as indicated in his/her Lease Agreement.
14.
Complains & Communication
4.1 The Lessee’s / Occupants shall be entitled to submit complaints to Debbie Bailey, Property Administrator / Student Liaison: debbie@nest.co.za.
She will be available during normal office hours of 08h00-14h00 (Monday to Friday) and after hours/weekends (in case of an emergency). Debbie can be contacted on © 0743304222 for after hours and emergencies. Please Note: All wifi requirements anticipated for after hours or weekends are to be purchased daily before 14h00. Tenants are to ensure that sufficient additional wifi is purchased for weekends.
15.
Imposition of Penalties
As a result of a breach or contravention of any of these House Rules, by any subject, the Lessee’s / Occupant’s will be notified in writing as a warning to desist.
The Lessee’s / Occupant’s shall be liable for and pay all legal costs, including costs as between attorney and client, collection commission, expenses and charges incurred by the Lessor in obtaining the recovery of arrear rentals, or any other arrear amounts due and owing by such Lessee / Occupant to the Landlord in enforcing compliance with these rules, the conduct rules or the Act.
16.
Loss or Damage
16.1 The Landlord shall not be held responsible for any loss or damages suffered by any Lessee / Occupant, caused by any employee or agent, other occupants of the building however arising, including by negligence. It remains the responsibility of The Lessee’s / Occupant’s to affect his or her own insurance in respect of moveable contents in his or her unit, or on any other part of the common property and motor vehicles.
16.2 In the instance of acts of God, for example severe weather conditions that my result in part of the building, or any structure including electronic gates, to cause damage to any property belonging to the Lessee’s / Occupant’s, the Lessor shall not be liable for any damages suffered by this person.
16.3 The Lessee / Tenant agree that if he/she has lost their key/s to the unit that they will pay R200.00 to have the key/keys replaced.
17.
Contact Details
The Lessee’s / Occupant’s will ensure that the Landlord is informed (at all times) of any changes in contact details, including email addresses.
18.
Kitchen equipment
The Lessee’s / Occupants are only allowed to use this equipment for domestic use.
19.
Cleaning Services
The Lessee’s / Occupants have to obtain approval by the Landlord for any cleaning service/domestic servant’s to obtain access to the premises.
20.
Visitors
Tenants need to obtain written permission from the Landlord or his representative before 14h00 daily should he/she wish to have a visitor spend the night. It will be at a cost of R100.00/night, which will be payable prior to the visitor arriving. The Landlord reserves the right to limit visitation. If permission is granted to the tenant, he/she will ensure that he/she will make extra provision for electricity for their visitor during this period and also obtain permission from his/her roommate that they are in agreement to have a visitor stay over. Tenants are limited to having a visitor for a maximum period of 2 nights per month unless the Tenant has obtained written permission from the Lessor and their roommate to extend this period and tenants will be entitled to 1 free night per month for a visitor. This will be at the sole discretion of the Lessor whether this will be allowed or not and for what period.
21.
Wifi: Payment & Use
The first 10 Gigs of Wifi are included in the rent. Thereafter the tenant can purchase additional data at a cost of R100.00 per 8 gigs, or R20 per gig. The Lessee/Tenant authorizes the Landlord/Representative to monitor the Wifi use and should the Landlord feel that the Lessee/Tenant is misusing the Wifi by excessive use; the Landlord will be entitled to deny access to the Wifi connection.
22.
Charges by service providers
As per clause 6 of the Lease Agreement, current costs of consumptions (e.g. water, common area, etc.) are R1000 per annum per occupant. This basic charge is paid with the deposit at the beginning of the lease period.
23.
Rules regulating property:
The Lessee/s hereby agrees to adhere to all rules and regulations as stipulated by the Lessor, which might change from time to time. The Lessee/s hereby acknowledges that he/they have received Annexure A (46 Durban Road CC, House Rules). These rules shall be deemed to be part of this lease and conduct in contravention thereof shall constitute a breach of this lease, which may result in the termination of the lease.
SIGNATURE: LESSEE:
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SIGNAGURE: TENANT:
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UNIT NUMBER:
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DATE
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