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MEMORANDUM OF LEASE AGREEMENT

ENTERED INTO BY AND BETWEEN

BOSCHTINATION

(duly represented herein by WERNER MOSTERT,


in his capacity as Manager
(hereinafter referred to as the Lessor)

and

Full Names: __Samany Gewers________________

Id. No.: __0209160195084_______________________

With address at: ___13 Ebenezer Avenue, Rustdene_______


(physical address)
____Beaufort West, 6970___________________

(hereinafter referred to as the Lessee. FIND ATTACHED THE ID OF THE LESSEE.)

1. DEFINITIONS:

RENTAL PERIOD: From 1 August _ 2023 _ to


30 November _ 2023 _ (4 months)

PREMISES: Consisting of:


THE ROOM
AT
De Laer Venue, 3 Simonsberg Road, Stellenbosch,
being a single / double room,
(hereinafter referred to as the “Room”) and
COMMUNAL AREAS
The communal use of the food preparation area,
together with the other
Lessees in De Laer Venue, as well as the entrance
areas to the De Laer Venue
(hereinafter referred to as the “De Laer”)
DE LAER VENUE IS A NSFAS ACCREDITED
ACCOMMODATION FACILITY FOR STUDENTS FROM
STELLENBOSCH UNIVERSITY AND ACCREDITED BY
STELLENBOSCH UNIVERISTY

RENT: R 4500 per month for 4 months (inclusive of water,


electricity, laundry facilities and internet) FOR A TOTAL
AMOUNT OF R 18000 FOR THE RENTAL PERIOD

________________________
Paraph
Boschtination Accommodation Agreement 2
DEPOSIT: R__ 0 _________

WHEREAS:

2. The Lessor is Boschtination, the management agency of De Laer Venue, 3


Simonsberg Road, Stellenbosch;

3. The Lessor is willing to lease the Premises referred to in paragraph 1, to the


Lessee and the Lessee is willing to lease the Premises from the Lessor;

THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:

3. LEASE

The Lessor hereby lets, and the Lessee hereby leases the Premises for the
tenancy as described above in paragraph 1.

4. RENTAL

The rent as described in paragraph 1 is payable in advance and payable on the


first day of each month to the Lessor or in such a manner and at such a place as
stipulated by the Lessor from time to time (subject to the NSFAS payment
schedule).

5. USE OF THE LEASED PREMISES

5.1 The Lessee may only use the leased premises for the purpose of private
residence.

5.2 The use of the Premises in the Annex shall include the communal use of the
entrance and food preparation area together with the other Lessees in the
Annex.

5.3 The Lessor shall arrange for the cleaning of the communal area on a weekly
basis. The Lessee shall only be responsible for the cleaning of the Room that
he or she leases, and may not make use of the services of the cleaners of the
communal area for the cleaning of his or her Room, nor for the washing of
dishes or washing and ironing of clothes.

5.4 The Lessee undertakes to abide by the rules attached hereto, marked
“Addendum A” (“House Rules and Regulations”);

5.4.1 Violation of these House rules and regulations could be viewed as


a breach of contract in the exclusive discretion of the Lessor.

5.4.2 The attached “Addendum B” (“House Rules and Regulations”) is to


be read as a part of the contract as a whole, and the Lessee will
be deemed to have agreed to these “House Rules and
Regulations” at the signing of this contract. Furthermore, all
Lessees of premises and other persons to whom the right of
occupation was given by the owner of any of the relevant
premises, is deemed to have knowledge the content of these

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“House Rules and Regulations”, and shall abide by these rules
and regulations notwithstanding any other provisions contained in
any lease agreement and or in the provision of such a right to
occupation.

5.4.3 The Lessor reserves the right to prescribe certain fines by way of
notice for the violations of any of the “House Rules and
Regulations”, and in the event of repeated violations of any of the
“House Rules and Regulations” and or terms and conditions of this
contract, to immediately cancel the Lease Agreement and
repossess the Room without prejudice to any of his rights to claim
unpaid rental and or damages as a result of the breach of contract
of the Lessee.

5.4.4 The Lessee undertakes and agrees that the number of persons
residing and or sleeping over in the Room will not be more than
allowed for under the description of the Room in paragraph 1
above unless otherwise agreed to between the Lessor and the
Lessee.

6. LIMITATIONS TO THE LESSOR’S LIABILITY

The Lessor shall not be liable in respect of any loss, damage or injury, to a
person and or property caused by any defect in the Premises arising during the
tenancy of the Lease Agreement.

7. INSURANCE

The Lessee may not:

7.1 Store or allow to be used or stored, any liquid and or substance of a


hazardous and or flammable nature that could create a potential or actual
danger to the leased premises;

7.2 Commit any act which would result in the escalation of insurance payments
by the Lessor in respect of the premises or in any way result in the annulment
of the insurance. The Lessee acknowledges that he or she is aware of the
contents of the policy providing for the abovementioned insurance.

7.3 The Lessee, shall upon request of the Lessor, indemnify the Lessor for any
costs, damages or losses suffered by the Lessor as a result of the Lessee’s
neglect to comply with any of the conditions of paragraph 7.1 above.

8. THE RIGHTS OF THE LESSOR

The Lessor has the right to, at all reasonable times, inspect the leased premises.

9. SUB-LEASING AND CESSION

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The Lessee shall not have the right to cede or transfer this Agreement of Lease in
any manner, nor the right to sub-let the Room or cause to lose possession of the
Room in any other manner whatsoever, except where otherwise agreed to in
writing by the Lessor.

10. NON-PAYMENT OF RENT

Should the Lessee neglect to pay the rent according to the NSFAS schedule of
payments, or be in breach of any of the other obligations in terms of this Lease
Agreement, the Lessor shall have the right to cancel the Lease Agreement and
take possession of the Room without prejudice to any of the Lessor’s rights to
claim unpaid rent and or damages as a result of non-payment of rental or the
breach of contract.

11. REPOSSESSION OF THE ROOM AT THE EXPIRATION OF THE TENANCY

Over and above the terms of this contract, the Lessee undertakes to give
possession of the Room and all the movable and immovable appliances, furniture
and fittings in the Room, all in good condition, to the Lessor on the expiration of
the Lease Agreement.

12. DOMICILIUM CITANDI ET EXECUTANDI

The Lessee chooses as his / her domicilium citandi et executandi,

The address of the leased premises

or

The parent / guardian’s address as contained in “Addendum A” hereto


(The address to be used will be to the election and in the discretion of the
Lessor.)

Any notice given by the Lessor to the Lessee in relation to this contract, and
delivered at the above mentioned domicilium, the leased premises or by way of
registered post to the address of the parent or guardian, shall be deemed to have
been received by the Lessee on the third day after the date upon which the notice
was delivered at the leased premises and or posted. These stipulations are
mutatis mutandis applicable in the event of a notice by the Lessee to the Lessor,
whose address and chosen domicilium citandi et executandi is stipulated in the
preamble to this contract.

13. JURISDICTION

In the event of any dispute between the Lessor and Lessee arising out of any
aspect in relation to this lease agreement between the parties, both the Lessor
and the Lessee are deemed to have accepted the jurisdiction of the Magistrates
Court to hear such a dispute.

14. COSTS

14.1 In the event of an attorney being instructed to collect any amount owed by
the Lessee in terms of this contract, or to take legal steps for the collection of
such an amount or any amounts payable by the Lessee as a result of the
termination of this lease agreement, the Lessee shall pay any resulting

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collection commission and or further costs on the scale as between attorney
and client.
14.2 The costs in respect of this Lease Agreement, including stamp duties
payable, shall be paid by the Lessee to the Lessor, upon the request, of the
Lessor.
15. AGREEMENT AND AMENDMENTS

The parties hereto agree that this Lease Agreement embodies the whole
agreement between them and any amendments, shall be done in writing and if
not the amendments shall be null and void.

Signed at _______________________on this ___ day of __________________ 2023.

AS WITNESSES:

l. ______________________ __________________________
(Werner Mostert, in his capacity as
Manager of Boschtination
2. _______________________ (Lessor)

Signed at _______________________on this ___ day of __________________ 2023.

AS WITNESSES:

l. ______________________ __________________________
(Lessee)

2. _______________________

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"Addendum A"

HOUSE RULES AND REGULATIONS


Boschtination
Purpose
These “House Rules and Regulations” are in terms of clause 5.4 of the Lease Agreement
and for good order and neighbourliness towards fellow occupants and other tenants of
the building.
All tenants of the premises and other persons who are entitled to occupation of the
specific premises must obey the rules, in spite of other stipulations and clauses
contained in the Lease Agreement or the granting of a right of occupation.

De Laer Lessee meetings


De Laer Venue meetings will be held every Sunday at 18:00. Attendance of De Laer
Venue meetings are compulsory for all tenants of the De Laer Venue for which the
meeting is called.

Electric and Electronic Equipment


No electrical food preparing equipment is allowed in the Room. No other stoves allowed,
except those provided by Lessor, nor will washing or dish washing machines be allowed
on the Premises.

Obligations of the Lessee

1. MAINTENANCE
The Lessee shall:
1.1 Keep the Premises (Room and communal area as stipulated in the Contract) clean,
tidy and habitable;
1.2 Not use the Premises, or allow it to be used, in whole or part, for any purpose other
than that of a private dwelling;
1.3 Take good and proper care of the furniture and every item thereof; and refrain from
causing it to be used, or allowing it to be used, for any other purpose for which it was
not intended;
1.4 Take all reasonable measures to:
1.4.1 Protect the Furniture and every item thereof; and
1.4.2 the Premises and all parts thereof (including all fixtures, fittings, appurtenances,
appliances and keys not being part of the Furniture), from abuse, damage,
destruction, and theft;

1.5 Not place or leave any article or other thing in or about any passage, stairway,
pathway, parking space, or other common part of the Building so as to cause a
nuisance or obstruction;
1.6 Not bring into the Premises or the Building any article which, by reason of its weight
or other characteristics, is liable to cause damage to the Building or the Premises;
1.7 Not contravene any of the conditions of Title of the Property or any of the laws, rules
or regulations affecting owners, tenants or occupiers of the Property or the Building;
1.8 Not cause or commit any nuisance on the Property or cause any annoyance or

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discomfort to other tenants or occupiers of the Building;
1.9 Not leave refuse, or allow it to accumulate, in or about the Premises except in the
refuse bins provided;
1.10 Refrain from interfering with the electrical, plumbing or gas installations or systems
serving the Premises or the Building, except as may be necessary to enable the
Lessee to carry out its obligations of maintenance and repair in terms of this lease;
1.11 Not allow more than one person to reside in the Premises at the same time;
1.12 Not keep any live animals or birds on the Premises except with the prior written
consent of the Lessor;
1.13 Not hang washing in any visible place in or about the Premises, or do or display
anything else which causes the Premises or the Building to appear unsightly; only
hang washing in the designated area.

2. VISITORS & QUIET TIME


2.1 The Lessee is only allowed one day visitor at a time and NO overnight visitors;
2.2 The Lessee needs to be either in its room of off premise on Friday late afternoons
between 17:30 and 19:30. And strictly no visitors during this time.

3. SMOKING
3.1 No smoking is allowed in De Laer Venue Rooms. No cigarette stubs may be
discarded in the Room or on the communal property and stairs, nor be thrown from
the Room’s windows onto the surrounding Premises.

4. ALCOHOL AND DRUGS


4.1 The misuse of alcohol, and the use of drugs in De Laer Venue and/or on the
Premises of De Laer Venue, is prohibited.

5. FURNITURE
5.1 Furniture may not be removed from the Building.
5.2 Furniture must be repaired or replaced in case of loss or damage.

6. REFUSE
6.1 Refuse must regularly be placed in the refuse holders, provided outside the Building.

7. VEHICLES
7.1 The Lessors visitors may not park, or leave, or allow a car in the Premises without
the written permission of the Manager
7.2 The Manager may remove any vehicle or abandoned car parked on the Premises
without prior permission, at the cost and risk of the owner of the car.

8. DAMAGE OR CHANGES TO THE PROPERTY


8.1 A Lessor my not, withour prior written permission of the Manager, paint or mark or
damage any part of the Property, drive nails or screws or anything similar into walls
or any part of the Property.
8.2 Picture hangers might be installed by request and at the discretion of the Lessee.

11. STORING OF FLAMMABLE SUBSTANCES AND OTHER DANGEROUS


ACTIONS
11.1 No one may store dangerous substances or allow actions that will increase the risk

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to lives or increase the tariff payable for insurance by the Manager.

12. COMMUNICATION
12.1 From time to time Notices will be posted in the Annex in prominent spots. The
Lessor will expect positive reaction to such Notices.

13. COMPLAINTS AND REQUESTS


13.1 Complaints/Requests are to be addressed to the Manager via email to
boschtination@gmail.com

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