erent te: dotT mere Enal-h@tebe coz DEBRO © ESTATES tii ssrsos0 0. e250, Parade 2121. F-066534740 Hereinafter referred to as The Agent and/or The Estate Agency Agreement of Lease Entered into between: NADLAN CC REGISTRATION NUMBER: 1999/014364/23 11A BILLERN ROAD MORNINGSIDE (Herein after referred to as the “LESSOR'S") and: BRIANMABENA IDENTITY NUMBER: 0001176130084 (Herein after referred to as the “LESSEES”of: 215 SANDOWN PLACE 121 PRETORIA AVENUE SANDOWN Whereby it is agreed as follows: 1. The LESSOR agrees to let to the LESSEE, who agrees to rent a certain unfumished property, namely: 215 SANDOWN PLACE 121 PRETORIA AVENUE SANDOWN (Herein after referred to as ‘the Premises’) 1 The Agreement of Lease (hereinafter referred to as ‘this Agreement’), shali commence ond1* OfJULY2022and terminateon the 30” of JUNE2O23ormhich latter date the LESSEE agrees to vacate the yPremises. In the event that the LESSEE wishes to exercise any option in terms of this Agreement same must be exercised by giving two calendar months written notice prior to the conclusion of the fixed period of this Agreement to the LESSOR and to the Agent. 2 The rent shall be the sum of R6 700,00 (SIXTHOUSANDSEVEN HUNDRED RAND)per month payable in advance without any deduction for any cause whatsoever, payments to become due and payable on that first day of each and every month unt the termination hereof. Any bank charges incurred by the LESSOR'S and/or DEBRO ESTATES due to cash or cheque deposits made by the LESSEE shail be refunded by the LESSEE. Payments in South African currency shall be made Account Holder: NADLAN CC Bank: FNB Branch: 251 255 Account No: 6249 4327 896 Reference: 215SP In the event of this agreement continuing for more than one calendar year, the rental shall automatically escalate by 7% (seven percent) per annum. The LESSEE agrees to furnish 2 (two months) Notice in ‘writing to the LESSOR prior to the termination date of this agreement, being the date stipulated in clause 2 of this lease, as to whether the lease will come to an end on the termination date or whether the lease shall be renewed/extended for a further period with the consent of the LESSOR. 3. The LESSEE shall from date of commencement of this lease be liable for the payment of the electricityin the respect of the PREMISES directly to the LESSOR each month within 7 days (seven) days of being presented with an account thereof the appropriate charge for electricity consumed as read on such sub meter, and should the LESSEE fall to make payments to the LESSOR, the LESSOR shall notwithstanding any other rights available in Law, be entitled to terminate the supply of electricity to the Lessee 4 The PREMISES shall be used solely for the use as a private dwelling. 5 The LESSEE shall not cede nor assign this agreement either in whole or part, nor shall the LESSEE permit or allow any other persons to occupy the premises or to reside therein or to obtain possession ‘thereof without having obtained the consent of the LESSOR in writing, which consent shall not be unreasonably withheld. 6 The LESSOR shall pay the basic charges and assessment rates levied by the local authority or such other relevant authority without reference to the LESSEE. In the event that the premises are part of a sectional tile scheme, then the LESSOR shall pay all Levies, which are levied by the relevant body corporate,7 The LESSOR shall be responsible for maintaining the main walls, roof end other structural parts of the premises in good order and repair, Should the main walls, roof or other structural parts of the premises be or become in a defective condition resulting in such consequence as leakage or danger to the Lessee then it shall be the obligation and duty of the LESSEE to advise the LESSOR of such a defective condition rectified without delay. The LESSEE shall notfy the LESSOR of any repairs whatsoever that are for the LESSOR’S account and the LESSOR shall arrange the necessary repair without delay. 8 The LESSEE has 14 (fourteen) days to fumish 2 defect list writing to the LESSOR and agent. It is 2 specific term of agreement that the LESSOR is under no obligation to repair the defects described therein unless they affect the living conditions of the Premises. No further defects will be recognized, and the LESSEE acknowledges that the premises are in good and proper stale of repair/condition and the LESSEE hereby undertakes to care for and maintain the whole of the same in like good order and ‘condition during the continuance of the agreement, and at the termination of this agreement to retum and redeliver the same to the LESSOR in like good order and condition, fair wear and tear excepted, and to make good and repair at the LESSEE’S own cost and charge any damage and/or breakages or, in the ‘shemative , reimburse the LESSOR for the costs of replacing, repairing or making good any of the same. ‘The LESSEE hereby undertakes to keep and maintain all sewerage pipes, guttering and drains free from obstruction and /or blockages. The LESSEE undertakes to maintain the electric stove and any ‘additional electrical appliances or installation in the premises in good order and condition and in the ‘event of any repairs or damages thereto necessitated through the negligence of misuse by the LESSEE, such repairs or damage shall be affected at the expense of the LESSEE. The parties agree that they shall jointly inspect the PREMISES not more than three days prior to the expiration of this agreement. 9 The LESSEE shall not make any alterations or additions to the PREMISES or to any installations therein, ‘whether structural or otherwise, ceilings or furniture of the said PREMISES or in any manner whatsoever do or permit anything to be done that may be calculated to damage walls or any portion of the said PREMISES. The LESSEE shall not drive or permit to be driven in nails or screws to the walls without restoring the PREMISES to its original condition before termination of the lease agreement 10 The LESSEE shall stictly observe all govemment, provincial and municipal byelaws, and regulations ‘applicable to the premises as well as any conditions of tte applicable to the said premises. In the event that the premises are 2 sectional tte unit then the Lessee shall strictly observe the rules of the body Corporate, Should the Body Corporate rules be broken by the LESSEE, 2s determined by the Body Corporate Trustees, the LESSEE accepts full responsiblity and agrees to pay for any fines or liabilities that might arise as a result thereof. 11 As this is an unmanaged agreement of the lease it is agreed between the parties that the obligations of Debro Estates shall terminate once this lease has been signed by all parties, and the initial monies have been collected and dealt with as per the lease. There will be no obligation or duty upon the said Debro Estates either to ensure that any payments due by the LESSEE under this agreement are in fact made by the LESSEE and /or DEBRO ESTATES or to resolve any disputes that may arise between the th4 5 16 7 18 LESSOR and the LESSEE, or to have to take any action or to do anything resultant upon the obligations ‘and duties of the LESSOR or the Lessee in terms of this agreement, and should the Lessee require that certain repairs or maintenance or alterations to be effected by the LESSOR on the PREMISES. The Lessee shall communicate directly with the LESSOR in regards thereto. However, Debro Estates shall however endeavour to advise/ assist the LESSOR/LESSEE wherever possible. DEBRO ESTATES Is however obliged to draw up and negotiate all renewal agreements and/or extensions to the lease. The LESSOR agrees to fumish the LESSEE with two sets of keys and/or remotes for the PREMISES ‘upon occupation of the PREMISES, The LESSEE shall return same in like order and condition to the LESSOR upon the termination ofthis agreement ‘Any drain blockage or plumbing repairs necessitated through negligence or fault of the LESSEE shall be affected at the expense of the LESSEE, reasonable wear and tear excepted. ‘The LESSEE shall, prior to any damages or repairs being lawfully affected in terms thereof, and at the LESSORS expense, duly notify the LESSOR in writing, who shall at his discretion attend to the relevant damages in any manner he deems fit. In the event of the LESSEE failing to notify the LESSOR as herein provided for, and causing such damages or repairs to be affected, the LESSEE does so at his ‘sole risk and responsibilty. ‘The LESSEE shall be responsible for the maintenance of the interior of the premises and shall on the termination of the lease restore the PREMISES to the LESSOR in good order and condition, reasonable wear and tear excepted. Should the LESSEE fell to maintain the PREMISES as aforesaid, then in such event, the LESSOR shall be entitled to affect any such maintenance and/or repairs at the expense of the LESSEE, The LESSOR’S determination of the amount necessary to affect the aforesaid maintenance and/or repairs shall be final and binding on the parties hereto. ‘All goods, properties and effects of whatsoever nature owned by anyone other than the LESSOR which may at any time be in or on the PREMISES shall be at the sole risk of the LESSEE, and the loss thereof or damage thereto from any cause whatsoever, shall not be the responsibilty of the LESSOR, ‘and he shall not be liable to make good any Joss or damage suffered by anyone in respect thereof. The LESSOR and/or LESSOR'S workman and or agents shall at all reasonable times by prior arrangement be at the liberty to enter into the said PREMISES to inspect the PREMISES or to do ‘any/carry on any work that be required to be done to the sald PREMISES for the preservation thereof Jn the event of a fire occurring on the PREMISES that renders the PREMISES uninhabitable, the LESSOR/LESSEE shall have the right to terminate this Lease and in such event the LESSOR shall tefund the LESSEE rent paid in advance beyond the date of terminetion of this Lease and the LESSEE shall not have any claim upon the LESSOR for damages in consequence of any such deprivation of for domage by fire to furniture or any personal effects. The LESSEE binds himself not to use eny apparatus or carry on any trade oF process nor keep any combustible or hazardous goods on the PREMISES which ¢,may violate the LESSOR'S fire insurance policy and/or increase the fire insurance premium. 19 Its a special condition of this agreement (notwithstanding any receipt given for rent or (deposit paid) to which the LESSEE hereby specifically agrees, that should the LESSOR be unable to give the LESSEE possession of the PREMISES on the date herein before stipulated by reason of the PREMISES being in a state of disrepair or by reason of the fact that the previous tenant shall not have vacated or by reason of any fact, matter or thing whatsoever not due to wilful default on the part of the LESSOR, the LESSEE shall have no claim for damages or other right of action against the LESSOR, and undertakes to accept ‘occupation from whatever date the PREMISES are available, subject to a remission of rent for the Period of non-occupation.. 20 Should the LESSEE fail to take possession of the PREMISES within a period of seven (7) days from the date agreed upon in this agreement or from whatever date the PREMISES are available, then in any ‘such event the LESSOR shell have the right and option of immediately cancelling this agreement without Notice, and thereupon this agreement shall terminate and be of no force and effect. Should this ‘agreement be cancelled for the reason aforementioned, then in such event the Lessee shall have no further rights or claims of whatsoever nature against the LESSOR by reason of the cancellation of this agreement, notwithstanding anything to the contrary herein contained. The LESSEE shall, however, forfeit ‘any deposit paid and be liable for any loss of rent or other damage sustained by the LESSOR. 21 Should the rent, as aforesaid, or any other sum or sums payable by the LESSEE hereunder not be paid promptly and on due date, or should the LESSEE in any other respect whatsoever contravene or permit contravention of any one or more of the provisions and conditions of this agreement or fail in observance of any one oF more of the same, the LESSOR notwithstanding any previous walver to the contrary on his part of any of his rights under the agreement, shall have the right immediately and without notice ‘whatsoever to cancel this agreement forthwith and to obtain possession of the PREMISES let and for that purpose to take such action as may be necessary for the Immediate electment of the LESSEE from the PREMISES without prejudice furthermore to the LESSOR'S right to claim rent already due and such further damages as the LESSOR may sustain by reason of the LESSEE'S breach or default including any legal charges of whatsoover nature determined on the scale of attomey and client, including tracing fees, collection commission, etc. 22 In the event of the rent not being paid by the fist day of each month, the LESSEE shall be obliged to pay interest on such arrear rental calculated daily as from the second day to date of payment at the rate of ABSA Bank's prime lending rate plus six percent (6%). 23 The LESSEE shall permit DEBRO ESTATES and/or the LESSOR'S duly appointed agents and prospective tenants and buyers to view the whole of the PREMISES during reasonable hours by prior ‘appointment within the last 2 (two) months prior to the termination of this agreement, with the LESSORS ‘consent 24 The LESSEE hereby places on record that he acknowledges the said DEBRO ESTATES to be duly25 26 2 28 ‘authorised Agents of the LESSOR, and that they may exercise on behalf of the LESSOR all the LESSORS legal rights and claims in terms of this agreement. a) The LESSOR hereby authorizes DEBRO ESTATES to exercise such rights should it become necessary, provided that DEBRO ESTATES shall frst be entitled to seek further written authority from the LESSOR should DEBRO ESTATES deem It necessary. The LESSOR acknowledges that this clause shall however not place an obligation on DEBRO ESTATES to take any action of whatever nature. b) All costs thereby incurred shall be for the account of the LESSOR and payable by the LESSOR forthwith on demand. Should DEBRO ESTATES be obliged to institute legal action against the LESSOR for any reason, then the LESSOR shall be lable for all legal costs of whatsoever nature determined on the scale of attomey and own client, including tracing fees, collection commission, etc. c) All processes for the recovery of rent or ejeciment or the fulfiment of any of the conditions hereof or for the recovery of any damage or loss suffered through the LESSEE'S breach of any of the conditions hereof or through the LESSEE’S failure to vacate the PREMISES timeously on termination of this Agreement may be taken either by DEBRO ESTATES or by their principals for whom they may be acting in connection herewith. ‘The LESSOR agrees that no receipt shall be valid unless given on DEBRO ESTATES or the LESSOR'S customary receipt form. Furthermore, no error, if any, in such receipt shall be binding on DEBRO ESTATES or their principals, but such error shall be rectified upon being determined. Any legel correspondence/notice to be given to the LESSOR/LESSEE shall be considered sufficient if addressed to him at the address given by him in this agreement, which address shall be in.The Republic ‘of South Attica which the parties hereby choose for the purpose of citation and execution. ‘The LESSEE hereby agrees to pay DEBRO ESTATES the cost of this Agreement being R500.00 (Five Hundred Rand) (at the prevailing rate) including VAT forthwith upon demand. The lease costs must be aid upon signature of this lease, ‘The LESSOR and/ or DEBRO ESTATES shall not be liable to the LESSEE for any injury or loss or damage of any description which the Lessee or any member of the LESSEE'S family, or any employee for servant or any relative, friend, acquaintance, visitor, invitee or guest of the LESSEE may sustain directly or indirectly in or about the leased premises. The LESSEE hereby accepts responsibilty for, and Indemnifies the LESSOR or any of his employees, servants or DEBRO ESTATES against any claim by ‘any such person for any injury, loss or damage sustained. ‘A deposit of R 6700,00(SIX THOUSANDSEVEN HUNDRED RAND) plus an electricity deposit of R 1,000,00 (ONE THOUSAND RAND)is payable by the LESSEE to DEBRO ESTATES in trust. The deposit must be paid on the date of signature falling which the LESSOR shall have the option to terminate the lease with immediate effect, and the LESSEE shall have no claims against the LESSOR of whatsoever nature. DEBRO ESTATES is hereby authorised forthwith to pay same to the LESSOR who will hold same in a savings account for the benefit of the Lessee for the duration of the Lease ‘a, That said deposit shall be refunded by the LESSOR to the LESSEE at the expiration of the lease, subject to the condition that the property and contents (if furnished) are restored to the LESSOR in i,good order and condition, reasonable weer and tear excepted, b. Notwithstanding anything to the contrary herein contained, or the provisions of the Rental Housing ‘Act, Act 50 of 1999, the LESSOR may in his absolute discretion retain the deposit pending the Provision of sufficient proof to the satisfaction of the LESSOR of payment of all charges relating to water and electricity charges and/or maintenance repair costs for which the LESSEE Is lable. In the event of the LESSEE having felled to effect payment of such charges, the LESSOR may allocate all or any of the said deposit towards any arrear rent and/or water and electricity charges ‘and or maintenance and or repair costs for which the LESSEE is liable, and the amount and the allocation thereof by the LESSOR shall be final and binding on the parties hereto. Under no Circumstances, whatscever shall the LESSEE have the right to appropriate the deposit towards any monthly rental or any other month payable hereunder. 30 Any indulgence shown, concession given, or rights waived whether relating to the payment of rent or any other matter or thing hereunder shall in no way limit the LESSOR'S rights hereunder or alter same, and the LESSOR shall be entitled at any time to exercise his rights hereunder as though no indulgence was shown, exception given, or rights waived. 31 The Parties are aware that in terms of The Occupational Health and Safety Act (Act 85 of 1993) the LESSOR of an electrical installation shall have a valid Certificate of Compliance of such installation. 32 DEBRO ESTATES as Agents will not be held liable in any way by the LESSOR for any wilful or negligent damage/s caused by the Lessee to the property leased and/or any losses suffered by the LESSOR as a result of any breach/es of this agreement by DEBRO ESTATES or the LESSEE. 33. The parties confirm: |. that DEBRO ESTATES was the effective cause of this lease being concluded. |. that the meaning and consequences of all the clauses of this document have been explained to each party 34 It is recorded that the conclusion of this Agreement has been brought about through DEBRO ESTATES. ‘The LESSOR undertakes to pay DEBRO ESTATES commission amounting to 8% (eight per centum) of the total value of this Agreement, inclusive of VAT. The commission deemed to have been earned upon the payment of the deposit referred to in clause 29 hereof, The parties hereto furthermore agree that if @ deposit in terms of clause 29 hereof has been made, DEBRO ESTATES shall be entilad to receive payment of its commission directly out of such deposit uniess the commission shall have been previously paid. 35 CONSUMER PROTECTION ACT ~ This agreement is a fixed term consumer agreement as provided for In the Act and therefore the following provisions will apply: The lease shall be entitled to cancel this Agreement, at anytimeduting the course of the lease for no reason whatsoever, by supplying the Lessor with 20 business days’ notice, which notice maybe supplied to the LESSOR in any recorded format: i‘ hy‘Should the LESSEE elect to cancel the Agreement 2s per the notice above, the LESSEE acknowledges that it will remain responsible for any outstanding amounts due in terms of this Lease Agreement up to the date of cancellation together with a reasonable penalty, which has been agreed between LESSOR and LESSEE to be either a) An amount equal to 2 calendar months’ rent should @ new tenant not be found within this 2 ‘months’ notice period oF b) Should a new tenant be found earlier than this period . a pro rata amount relative to the period the property was vacant calculated per day with any cost or damages, or damages as including the refund of the commission paid by the LESSOR for the period of the lease not honored. 36 This agreement contains all the terms and conditions of the agreement entered into by the Lessee and the LESSOR, and the LESSEE acknowledges and agrees that any representation, warranties, undertakings or promises whatsoever which may have been made by the LESSOR or DEBRO ESTATES. ‘or servants other than those contained herein, shall not be binding or enforceable against the LESSOR ‘or DEBRO ESTATES. The terms of this agreement cannot be varied other than in wrting signed by the LESSOR/LESSEE/Debro Estates. 37 The LESSEE shall ensure that the said premises shall not be utilized for the purpose other than residential and shall ensure that no immoral, unlewtul, illegal or activities contravening any local authority regulations are permitted and/or committed. Any breach of this clause shall be deemed to be a material breach of this agreement. 38 Pre-emptive Right: in the event of the LESSOR wishing to sell the Premises at any time whilst the LESSEE Is in lawful occupation thereof, the LESSEE shall have the pre-emptive right to purchase the PREMISES on the same or better terms as those offered by any other bone fide purchaser. Should @ sale arise between the LESSOR and the LESSEE, then DEBRO ESTATES will be deemed the effective cause of the sale and will be due a commission of 5% (five percent) inclusive of VAT. 39 Any dispute, question or ditference at any time between the parties to this agreement out of or in regard to: 2. any matters arising out of; or . the rights and duties of any of the parties hereto; or the interpretation of; oF 4. the termination of; of any matter arising out of the termination of; or {the rectification of; this agreement shall be submitted to and decided by arbitration as set Out herein below, the parties herein ievocably consenting to any dispute arising by virtue of the provisions of this clause being referred to and determined by arbitration held under the auspices ‘and rules of the Arbitration Foundation of Southem Africa in terms hereot. 4g. The decision of the arbitrator shall be final and binding on the parties to the dispute and may be made an order of the Court i,h. This clause shall constitute each party's irrevocable consent to the arbitration proceedings, and no Party shall be entitled to withdraw here from or to claim at such arbitration proceedings that itis not bound by this Clause, 4. Anything herein contained or implied shall not preclude any party from applying to Court for a temporary interdict or other relief of an urgent and temporary nature pending the decision or award of the Arbitrator hereunder. Notwithstanding the contents hereof, the LESSOR, should they so desire, shall be entitled to insitute legal proceedings in any competent Court in respect of any cause arising. THUS, DONE tes by the LESSEE at D iran aed this 24 day of _ Jule 20a boa Mh LESSEE iat witness __{\a55 lt N BRIAN MABENA THUS, DONE and SIGNED by the LESSOR at this dey of 20. WITNESS LESSOR NADLAN CC ‘We Debro Estates hereby accept the benefits conferred upon us by the parties hereto in terms of this Agreement. ihWITNESS AGENT DEBRO ESTATES CC DATE.