Lease Agreement Managed (CPA)

SCHEDULE OF PARTICULARS

1. DETAILS OF LANDLORD
1.1 Name: _____________________________________________________ (the "Landlord")
1.2 Registration/ID No: _____________________________________________

2. DETAILS OF TENANT
2.1 Name: _________________________________________(the "Tenant")
2.2 Registration/ID No: ________________________________

3. DETAILS OF AGENT
3.1 Registered name: __________________________________
3.2 Registration number: __________________________________
3.3 VAT registration number: __________________________________
3.4 Branch Address __________________________________
3.5 Telephone __________________________________
3.6 E-mail: __________________________________
3.7 Agent's Name: __________________________________
3.8 Cell phone: __________________________________
3.9 E-mail: __________________________________

4. DETAILS OF PROPERTY TO BE LET

4.1 Physical address: __________________________________ (the 'Premises')
4.2 Additional details: __________________________________
4.3 Number of occupants: __________________________________

5. LEASE PERIOD
5.1 Commencement date ("Commencement Date"): ___________________________________
5.2 Date of expiry ("Expiry Date"): ___________________________________

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6. MONTHLY RENTAL
6.1 The rental shall be R __________________________(__________________________Rand) per month.
6.2 If the Fixed Period (as defined in clause 2.1 of the Terms and Conditions) is longer than 12 (twelve) months,
then the monthly rental will escalate from the first anniversary of the Commencement Date to R __________________
per month for the following 12 (twelve) months, and if the Fixed Period is longer than 24 (twenty four) months then the
monthly rental will escalate from the 2nd (second) anniversary of the Commencement Date to R
Rand).

7. DEPOSITS
7.1 The amount of the deposit referred to in clause 6.1 of the Terms and Conditions will be R._________
( __________________________________Rand).
7.2 The amount of the utilities deposit referred to in clause 7.4 of the Terms and Conditions will be
R _____________ ( __________________________________Rand).

8. AGENT’S BANK DETAILS

Bank _________________________________
Name of account holder: __________________________________
Account number: __________________________________
Branch name: __________________________________
Branch code: __________________________________
Type of account: __________________________________
SWIFT code: __________________________________
Reference number: __________________________________

8.1 PAYMENTS DUE BY THE TENANT PAYABLE TO AGENT’S BANK DETAILS AS ABOVE IN CLAUSES
8.2 Due on the Signature Date; _______________________
Deposit: R______________________
Utility Deposit: R______________________
Administration Charge: R______________________
TOTAL DUE ON THE SIGNATURE DATE: R______________________
8.3 ______________________________________ (Month) 20 ____ Rent, i.e. R _________ Is payable to
Agency before the Commencement Date.
8.4 Please quote the Reference Number above (in para 8) and email proof of payment/s to
________________________
8.5 Please note that due to the risk of cyber fraud and Phishing scams Agent will NOT issue any statements or
Invoices for any amount/s due and payable by the Tenant prior to the Commencement Date.
Agent will never send any party an email advising them of a change of Agent’s banking details. Any such notification
may be a phishing scam aimed at defrauding a party. Should you receive such an email, please urgently contact your
agent or the Agent manager.

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 TERMS AND CONDITIONS OF LEASE AGREEMENT (MANAGED)
(Terms and Conditions may vary from area to area)

The terms and conditions set out in this document (titled 'Terms and Conditions of Lease Agreement (Managed)')
{'Terms and Conditions") and the Schedule of Particulars ("Schedule") to which these Terms and Conditions are
attached (and any annexures hereto) together constitute the lease agreement ('Agreement" or 'Lease") between the
Landlord and the Tenant. Where words are used in the Schedule or in these Terms and Conditions with capital letters,
such words will have the meanings defined or given to them in the Schedule or in these Terms and Conditions.

1. LEASE
The Landlord lets to the Tenant who hires the Premises on the terms and conditions set out in this Agreement.

2. PERIOD OF LEASE
2.1 Fixed Period
This Lease will endure for the fixed period ('Fixed Period") set out in clause 5 of the Schedule.
2.2 Renewal
2.2.1 Subject always to clause 2.2.2 -
2.2.1.1 the Landlord will notify the Tenant by email or otherwise in writing of the impending Expiry Date not
more than 80 (eighty) and not less than 40 (forty) business days before the Expiry Date. If the
Landlord does not wish to invite the Tenant to renew this Lease as contemplated in clause
2.2.1.2below, this lease shall terminate on the Expiry date on which date the Tenant will vacate the
Premises;
2.2.1.2 if the Landlord wishes to invite the Tenant to renew this Agreement, this email or written notification
will include the proposed terms applicable to such renewal as well as any material changes that
will apply if this Agreement is to be renewed or otherwise continue beyond the Expiry Date;
2.2.1.3 by no later than 30 (thirty) business days before the Expiry Date the Tenant must provide written
notice, by way of return email, ordinary mail or hand delivery as provided for in clause 20.3 hereof,
to the Landlord informing whether he/she/it wishes to renew the Agreement on the renewal terms
proposed, failing which this agreement will terminate on the Expiry Date; and
2.2.1.4 if the Tenant does not notify the Landlord within the time period and in the manner contemplated in
clause 2.2.1.3 but nonetheless continues to stay on in the Premises, this Agreement will not be
considered to be renewed but will automatically continue on a month-to-month basis and in which
event: (i) it will be on the terms stipulated in the Landlord's notice contemplated in clause 2.2.1.2.
above; and (ii) it may be terminated by either the Landlord or the Tenant on 1 (one) calendar
month's written notice.
2.2.1.5 It is further recorded, for the benefit of the Tenant, that he/she/it has the right to terminate this
agreement on the expiry date, without penalty or charge, subject however to clause 2.2.1.3 and
2.2.1.4 above and the liability to pay all and any amounts owing to the Landlord as at the date of
termination of the agreement.
2.2.2 The provisions of clauses 2.2.1.1to 2.2.1.5will not apply where the Tenant and Landlord are both
juristic persons, in which case this Agreement will only be renewed or extended if it is agreed to in
writing between the parties. A juristic person includes a body corporate, partnership, association or
trust.

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2.3 Tenant's right to cooling-off period after direct marketing
2.3.1 If this Lease is concluded as a result of a direct approach either in person or by mail or electronic
communication by AGENT or the Landlord then the Tenant shall be entitled to cancel this Lease by
giving written notice to the Landlord via AGENT within 5 (five) business days after the later of either -
2.3.1.1 the date of signature of this Agreement by the party signing last in time ("Signature Date'); or
2.3.1.2 the date of occupation of the Premises.
2.3.2 If the Tenant terminates this Agreement in terms of clause 2.3.1 then -
2.3.2.1 the Tenant shall vacate the Premises, at his/her/its risk and expense, within 10 (ten) business
days after the date referred to in clause 2.3.1;
2.3.2.2 the Landlord or AGENT (as applicable) shall repay the Tenant the Deposit and any Rental or
administration charges already paid within 15 (fifteen) business days after the Tenant has given
up occupation of the Premises, less a pro rata portion of the Rental payable for the period that
the Tenant was in occupation of the Premises and less any amount which the Landlord would
otherwise be entitled to deduct in terms of clauses 6.3and/or 15.
2.4 Tenant's right to cancel fixed term agreement
2.4.1 Unless both the Landlord and the Tenant are juristic persons, as contemplated in clause 2.2.2, the Tenant
may terminate this Agreement before the Expiry Date by giving 20 (twenty) business days written notice to
the Landlord via AGENT.
2.4.2 If the Tenant so terminates, then the Tenant will be liable to pay all amounts due by the Tenant in terms of
this Agreement up to the date of cancellation to the Landlord, plus a reasonable cancellation penalty,
based on, amongst other factors, the amount of the monthly Rental payable, the area where the Premises
are located, the duration of the Lease and the prospect for re-letting. The Landlord shall be entitled to
charge a maximum penalty equal to 2 (two) months Rental depending on the circumstances.

3. OCCUPATION OF PREMISES
3.1 The Tenant will be given occupation of the Premises on the Commencement Date (set out in clause 4.1 of the
Schedule) provided that he/she/ii has complied with his/her/its obligations in clause 3.4.
3.2 If the Landlord is unable to give the Tenant beneficial occupation of the Premises on the Commencement Date
due to circumstances beyond the Landlord's control, then, subject to clause 3.3, the Tenant shall be entitled to a
pro rata reduction in the Rental which would otherwise have been payable by the Tenant.
3.3 If the Landlord is unable to give the Tenant occupation of the Premises within 5 (five) business days after the
Commencement Date then this Agreement shall automatically terminate, unless the parties agree otherwise in
writing.
3.4 The Deposit, the 1st (first) month's Rental, the Utilities Deposit and any other amount(s) due and payable by the
Tenant in terms of this Agreement prior to the date of occupation must reflect as 'cleared funds" in Agent’s bank
account, before occupation/ access to the Premises by the Tenant will be permitted.

4. RENTAL
4.1 The Tenant agrees to pay the monthly rental ('Rental") set out in clause 6 of the Schedule or a pro rata
amount thereof if the Commencement Date does not occur on the 1st (first) day of the month.
4.2 The Rental shall be payable monthly in advance without any deduction or and shall be due on the 1st (first)
day of each and every month and shall be paid directly into the bank account nominated by the Landlord
(being Agent’s bank account), details of which are set out in clause 8 of the Schedule.

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5. ADMINISTRATION CHARGES
5.1 The Tenant agrees to pay to AGENT an administration charge of R ________
(______________________________ RAND), inclusive of Valued-Added Tax Act 89, 1991 ("VAT") on such
fee, on the Signature Date for preparation of this Agreement.

6. DEPOSIT
6.1 The Tenant agrees to pay to AGENT (on behalf of the Landlord) a deposit in the amount as set out in clause
7.1 of the Schedule ("Deposit") on the Signature Date.
6.2 AGENT will invest the deposit in an interest bearing account with a financial institution. The Tenant shall be
entitled to interest on the deposit equal to the Standard Bank of South Africa Ltd.'s Retail Call Rate for a
deposit of the same value. Any interest accruing on the deposit in excess of this rate shall be dealt with by
AGENT in terms of the Estate Agency Affairs Act, 112 of 1976.
6.3 The Deposit will be held as security for the performance of the Tenant's obligations under this Agreement and
to compensate the Landlord for any breach by the Tenant of any obligations set out in this Agreement. The
Landlord has the right to make deductions from the Deposit plus any interest earned thereon to cover any
liability of whatsoever nature for which the Tenant is responsible in terms of this Agreement, including without
limitation any legal costs incurred by the Landlord as a result of a breach of this Agreement by the Tenant.
6.4 If the whole or any portion of the Deposit is used or if the amount of monies that the Landlord is entitled to
deduct from the Deposit exceeds the amount held as the Deposit, then the Landlord may require the Tenant to
reinstate the Deposit or pay that additional sum to the Landlord.
6.5 The balance of the Deposit (if any), together with any interest earned thereon, will be refunded to the Tenant
within 14 (fourteen) business days after termination of this Lease.
6.6 The Deposit will be held until after the termination of this Lease when the Tenant has vacated the Premises
and has discharged all his/her/its obligations to the Landlord under this Agreement. The Landlord will inform
the Tenant in writing of any deduction from the Deposit, specifying the amount/s deducted and the reasons
therefore.
6.7 The Tenant shall not be entitled to withhold payment of any instalment of Rental or any other monies payable
under this Agreement on the ground that the Landlord or AGENT holds the Deposit or any part of ii.

7. USE OF UTILITY SERVICES

7.1 The Tenant shall with effect from the Commencement Date, be liable to pay promptly on due date, to the
authority concerned, all applicable fees for water, electricity, sewerage disposal and refuse disposal charges,
and any other services, plus VAT thereon, provided to and/or consumed at/on the Premises, in terms of the
relevant invoice/s, or copies provided to the Tenant by the Landlord, except insofar as any of the
aforementioned services are included in any levy payable by the Landlord in terms of clause 10.1, which may
be applicable in the event of the Premises forming part of a Sectional Title and/ or Home Owners Association
Schemes. The Tenant shall also be liable for any fine/s imposed by the relevant authority due to excessive
water consumption during the Fixed Period and for the cost of water management devices installed (and their
removal} by the relevant authority as a result of excessive water consumption, as applicable. Neither the
Landlord nor AGENT bears any responsibility or liability in respect of faulty water management devices
installed by the relevant authority.
7.2 Should the Tenant dispute any services/ utility account, related to the Premises in respect of water, electricity
and/or any other service supplied to the Premises, the Tenant shall pay the invoiced amount to the relevant
authority in respect of the applicable utility and/or service, and shall continue to do so, until resolution of the
relevant dispute. Should the Premises be fitted with a pre- paid electricity supply meter, the pre-supplied meter
identification card must be left on the Premises, if supplied to the Tenant, upon the Tenant vacating the
Premises.

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7.3 Where applicable, the Tenant does not receive monthly accounts in respect of all relevant utility services,
including but not limited to, water and electricity, the Tenant will immediately inform AGENT in writing.
7.4 Where applicable, the Tenant shall be obliged to pay to AGENT an additional deposit (the 'Utilities Deposit") in
the amount set out in clause 7.2 of the Schedule to cover the consumption of utility services including (but not
limited to) electricity, water, sewerage and refuse removal.
7.5 The Utilities Deposit shall be paid on the Signature Date.
7.6 The Utilities Deposit shall be dealt with in the same manner as contemplated in clause 6, save that it shall not
be refunded to the Tenant until the Tenant is able to demonstrate that all the charges in respect of water,
electricity and telephone services (if applicable), for which he/she/it is liable during the currency of this
Agreement, have been paid in full.
7.7 In the event of any failure or interruption of the supply of water or electricity, or any other services supplied to
the Premises, no responsibility or liability will attach to the Landlord or AGENT, save to the extent imposed by
Law.

8. PAYMENTS GENERALLY
8.1 All payments by the Tenant in terms of this Agreement shall be paid without any deduction or set-off for any
cause whatsoever and free of exchange and bank charges.
8.2 Save where payment is made by debit order or cheque delivered to Agent’s address as set out in clause 3.4 of
the Schedule, the Tenant shall, immediately after making payment of the Rental, Deposit or any other
amount(s) payable in terms of this Lease, notify AGENT of the date, place, amount and means of payment
and the Tenant shall provide AGENT with proof of each and every payment, including {but not limited to)
payments made directly into Agent’s bank account.
8.3 The Tenant acknowledges that unless he/she/it does so notify AGENT, it shall not be possible to identify the
payment and allocate any payment to the credit of the Tenant.

9. TENANT'S OBLIGATIONS
9.1 The Tenant shall -
9.1.1 be responsible for the maintenance of the interior of the Premises and the Tenant undertakes to deliver the
Premises back to the Landlord upon termination of the Lease in the same good order and condition as
received by the Tenant from the Landlord, fair wear and tear excepted;
9.1.2 not make any alterations or additions whatsoever to the Premises without the prior written consent of the
Landlord. In the event of the Landlord agreeing to any such alteration or addition to the Premises, the
Landlord shall be entitled, at his/her/its sole and absolute discretion, on termination of this Agreement, to
require the Tenant to restore the Premises at the Tenant's expense to the same condition it was in prior to
such alteration or addition. On termination of the Lease, the Tenant shall be obliged to remove any/all of
the alterations, additions or improvements at the Tenant's cost and shall be obliged to make good any
damage incurred by such removal, unless otherwise agreed in writing with the Landlord. If the Tenant does
not remove all the alterations, additions or improvements by the Expiry Date or the date of termination,
then the remaining items shall become the property of the Landlord who shall be entitled to remove and
make good the affected areas at the Tenant's cost or retain such alterations, additions or improvements
without compensating the Tenant therefore. The Tenant shall have no claim of any nature whatsoever for
any improvements or alterations effected with or without the Landlord's consent. The Tenant furthermore
waives any improvement lien that he/she/ii may have and agrees that he/she/it shall have no right to
occupy the Premises pending the outcome of any legal or other dispute that may arise between the parties
in respect of an alleged improvement lien;
9.1.3 replace at his/herflts expense any light bulbs, fluorescent tubes, fluorescent starters and tap washers on
the Premises;

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 9.1.4 keep all sewerage pipes, water down pipes, guttering, water traps and drains, as applicable, on the
Premises, free from obstruction and blockage and shall remove, at his/her/its cost any blockage or
obstruction therein;
9.1.5 keep the grounds of the Premises (if any) in a clean and tidy condition, free from all litter, and where
applicable, the Tenant agrees to trim the hedges regularly, to keep the garden and lawn watered (such
watering to be in accordance with the prevailing municipal regulations/restrictions) and to cut the
grass regularly and to water, weed and generally maintain the flowerbeds;
9.1.6 not cut or remove trees or plants or effect any material alteration to the garden, without the Landlord's
prior written consent;
9.1.7 keep the electrical, water and gas (if any} installations in good working order and condition, fair wear
and tear excepted, and shall not make any additions or alterations to these installations;
9.1.8 keep the electrified security fence (if any) in good working order, fair wear and tear excepted, and free
of any vegetation and other foreign objects, that may hinder the operational effectiveness of the
installation;
9.1.9 in respect of the swimming pool (if such exists},
9.1.9.1 maintain the swimming pool, motor, filtration plant and all pool cleaning equipment (if any} in good
working order and free from all obstruction and contamination, using and employing the
appropriate chemicals.
9.1.9.2 ensure that access to and/or use of the swimming pool is supervised by capable, responsible
adult/sat all times and that persons unable to swim do not access and/or utilise the pool
unsupervised under any circumstances whatsoever; and
9.1.9.3 take note that the swimming pool area may not have safety measures restricting access to the
pool, and the Tenant should make his/her/its own arrangements to restrict access thereto if
necessary. The Landlord andlor AGENT shall not be liable for any injury, death or accident caused
as a result of (without limitation} failing to restrict access to, and/or failing to supervise use of, the
swimming pool;
9.1.10 not place or hang out any articles of washing, clothing or household linen on any window, stoep,
balcony or on the outside of the Premises other than in the place set aside for this purpose;
9.1.11 neither do nor permit to be done in or upon the Premises anything which may be a nuisance to or
which may in any way interfere with the quiet or comfort of neighbours;
9.1.12 not contravene any Law or Regulation (Municipal or otherwise} or Body Corporate Rule, Conduct Rule
or any provisions of a Share Block Use Agreement, as amended from lime to time, as applicable. A
copy of the current rules governing the Body Corporate, Share Block Scheme or Home Owner's
Association shall, if applicable, be annexed to this Agreement. Where required by the trustees,
directors or managing agents of any such Body Corporate, Share Block Scheme or Home Owner's
Association, a copy of this Agreement may be provided to such trustees, directors or managing
agents;
9.1.13 not cede nor assign this Agreement, nor sublet the Premises or any portion thereof (including via Air
BnB and other online platforms and portals}without the prior written consent of the Landlord;
9.1.14 be entitled to use the Premises for residential purposes only and for no other purpose whatsoever;
9.1.15 not place any person in occupation of the Premises in a manner which indicates he/she/it has
surrendered possession of the Premises, without the prior written consent of the Landlord;
9.1.16 not allow the Premises to be continually inhabited by more than the number of persons set out in
clause 4.3of the Schedule at any one time, save with the Landlord's prior written consent;
9.1.17 be responsible for effecting in his/herlits own name a Household Comprehensive and Public Liability
policy/ies to cover all the personal effects and all bodily injury claims upon the Premises and shall pay
the premiums in respect thereof;
9.1.18 shall not carry on any trade on or from the Premises unless permitted by law or regulation and the
prior written consent of the Landlord has been obtained;

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 9.1.19 shall not process, nor keep any combustibles or hazardous goods on the Premises unless the prior
written consent of the Landlord has been obtained, provided that the Tenant shall be entitled to store a
reasonable supply of paraffin oil, LP gas and candles for normal household purposes;
9.1.20 not deface, mark, paint or drive nails, hooks or screws into walls, doors, ceilings or floors of the
Premises. No Prestik or any other adhesive whatsoever may be used on any walls, ceilings or floors;
9.1.21 remove all mould and fungus from the walls, tiles, grouting, ceilings and any other affected areas of
the Premises, by way of using a suitable cleaning solvent as soon as mould and/or fungus appears on
these surfaces;
9.1.22 notify the Landlord and/or AGENT of any defects or damages to the Premises promptly and confirm in
writing by no later than 72 (seventy two) hours of the Tenant becoming aware of any defecUs or
damage/s to the Premises, in order that the Landlord may, if applicable, lodge a claim with the
Landlord's insurers;
9.1.23 ensure that AGENT is at all times aware of the Tenant's current telephone, cell phone, fax numbers
and email address in order that AGENT may communicate with the Tenant whenever necessary;
9.1.24 not allow any sale by public auction to be held on the Premises;
9.1.25 not keep birds, animals or pets of any kind upon any part of the Premises without the prior written
consent of the Landlord and subject to all applicable Municipal by-laws, Home Owner's Association
Rules and Body Corporate Rules, as applicable; and
9.1.26 keep the Premises free from pests (such as cockroaches, rats, mice and bees) and have the
Premises fumigated as necessary save for the first 60 (sixty) days after the Commencement Date,
during which period this shall be the Landlord's responsibility.
9.2 The Tenant shall not be entitled to incur any costs or expenses for any repairs required to the Premises (or any
part thereof) for which the Landlord may be responsible without the prior written consent of the Landlord or
AGENT (as applicable).
9.3 The Landlord shall not be called upon to make any repairs of any kind to the Premises or the surrounding
premises of which it forms part (or any improvements thereon) occasioned by any acts, omissions or neglect of
the Tenant or his/her/its invitees or guests.
9.4 Any television aerial or satellite dish installation or signal improvement required by the Tenant will be for the
Tenant to arrange and will be for the Tenant's account. In the case of sectional title units, where the Body
Corporate is responsible for the television I DSTV aerial/ signal feed to the Premises, it shall be the Tenant's
responsibility to arrange this and resolve any problems in this regard directly with the Body Corporate. AGENT
and/or the Landlord bears no responsibility in relation hereto.
9.5 The installation, transfer or discontinuation of service in respect of any electronic or telephony service on the
Premises will be the responsibility of the Tenant.
9.6 In the event of a burglary of the Premises, the Landlord shall be liable to make good any damages caused to
the Premises by such burglary, subject to the availability of suitable contractors/workmen to quote for and effect
the repairs. The Tenant acknowledges that any such repairs may need to take place as part of an insurance
claim instituted by the Landlord, in which event there may be a delay in effecting the necessary repairs, during
which period the Tenant will take reasonable precautions to protect and safeguard the Premises, persons on the
Premises and his/her/its possessions thereon.
9.7 If an alarm is fitted to the Premises and the Tenant requires the alarm to be upgraded and/or improved or to be
linked via a telephone line or radio transmitter to an armed response or monitoring facility, it will be the Tenant's
responsibility to arrange this and all associated costs will be for the Tenant's account.

10. LANDLORD'S OBLIGATIONS

The Landlord shall -
10.1 pay all rates and taxes plus any VAT thereon, in respect of the Premises to the Local Authority and pay any
levies plus VAT thereon, if applicable, to the Body Corporate, Share Block Company or Homeowner
Association as applicable;

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10.2 ensure that the rates and/or levies, water and all other applicable service accounts in respect of the Premises
are paid up to the Commencement Date;
10.3 keep and maintain the foundations, the exterior walls and roof of the Premises together with the external
floors, walls and ceilings (save for sectional title schemes or share block schemes where the relevant body
corporate or share block company shall be responsible therefore) but shall not be responsible for damage to
any of the Tenant's possessions as a result of any defect of any nature whatsoever, whether visible to the
naked eye (patent) or not (latent) in the outside wall and roof. The Landlord shall not be liable for any damage
to any of the Tenant's or any third parties' possessions in or upon the Premises, caused by water or water
leakage on the Premises;
10.4 remedy, at his/her/its cost, any root invasion of the drains and sewers and any damage to or defect in the
drains, sewers or guttering on or about the Premises, whether structural or caused by wear and tear;
10.5 effect any repairs required in respect of the pool motor and filtration plant (if such exists), other than deliberate
and/or negligent damage caused by the Tenant. It shall also be the Landlord's responsibility to supply a water
evaporation prevention swimming pool cover, should municipal water restrictions prescribe this;
10.6 keep the Premises and any fixtures, fittings or items of furniture on the Premises belonging to the Landlord,
insured, to the full value thereof, against damage caused by fire, flood and other usual risks under terms of
insurance customarily applicable to Premises and its contents, of this nature;
10.7 maintain and repair the major installations to the Premises, including without limitation, the boiler and hot
water cyiinder(s) (geyser) on the Premises;
10.8 be responsible for the maintenance and safety of gas installations (if such exists) and electrical installations on
the Premises provided that the Tenant does not interfere with or otherwise tamper with such installations. The
Tenant must immediately notify AGENT and the Landlord if any of these installations are not working properly
or are not in good order or otherwise appear to be unsafe;
10.9 properly maintain and where necessary repair and/or replace at his/her/its cost, any doors, door handles,
locks and keys, glass, windows, window fasteners, electrical fittings and fixtures, bath, basins, sanitary ware,
water taps, burglar alarms, automated gates I garage doors and sprinkler systems, other than where any
damage is caused by the deliberate and/or negligent actions or omissions of the Tenant or his/her/its invitees
or guests, in which event it shall be the Tenant's responsibility. The Landlord shall also be responsible for any
maintenance, repairs or replacement, as necessary, as a result of fair wear and tear in respect of any of the
aforementioned items;
10.10 ensure that AGENT is at alltimes aware of the Landlord's current address, telephone, cell phone and fax
numbers and email address, as applicable, in order that AGENT may communicate with the Landlord
whenever necessary;
10.11 verify that the Rental and any other amount payable to the Landlord in terms of this Lease Agreement, less all
authorised deductions, is credited to the Landlord's nominated bank account on a monthly basis; any
discrepancy(ies) will immediately be queried with AGENT, in writing; and
10.12 ensure that the electrical, water and gas installation (if applicable) in the Premises will be in good working
order and is safe for use by the Tenant.

11. LIMITATION OF LIABILITY

11.1 The Landlord and/or AGENT shall not be responsible to the Tenant for any injury or loss or damages (including
damage or loss to any property or possessions in the Premises) of any description which the Tenant or any
member of the Tenant's family, or any employee or servant or relative, friend or acquaintance, visitor, Invitee or
guest of the Tenant may sustain directly or indirectly in or about the Premises arising from fire, flood, storm, riot,
civil commotion, theft, robbery, accident, damages, vis major or casus fortuitous, or any other cause
whatsoever.
11.2 The Tenant hereby indemnifies and holds the Landlord and AGENT harmless against any claims by third parties
against the Landlord and AGENT for injury, losses or damages caused by the Tenant or his/her/its guests or
invitees, howsoever arising, including arising from vis major or casus fortuitous events.
11.3 The Landlord and AGENT will not be responsible for any loss or Inconvenience suffered as a result of a failure
of supply or service to the Premises which is supplied by a third party.

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11.4 The Landlord and/or AGENT shall not be liable for any loss or damage which the Tenant may sustain as a result
of any timber, irrespective of whether same forms part or not of the Premises and/or out buildings, infested by
woodborers and/or any other termite or beetle that infests or destroys wood.
11.5 The Tenant acknowledges that the Premises may require certain maintenance and or repairs during the Fixed
Period for which the Landlord Is responsible in terms of this Lease. Given the Covid-19 pandemic, the Tenant
acknowledges that it may not be possible to arrange contractors at short notice to do any approved
maintenance and/or repairs during the currency of the Lease. Furthermore, the Tenant unconditionally accepts
that neither the Landlord or AGENT shall, under any circumstances whatsoever, be held liable for any Covid-19
pandemic related claims ("Covid-19 claims") arising from the Tenancy and/or the Premises, including
irrespective of whether such Covid-19 claim/s arise from any third party employed by the Landlord or AGENT,
such as contractors, agents or otherwise.
11.6 The Landlord hereby indemnifies and holds AGENT harmless against any losses or damages (including
damage or loss to any property or possessions in,on or about the Premises) which the Landlord may sustain,
directly or indirectly in, under, or flowing from, this Agreement arising from fire, flood, storm, riot, civil
commotion, theft, robbery, accident, vis major or casus fortuitous, Covid-19 claims or damages caused by the
Tenant or his/her guests or invitees or from any other cause whatsoever and howsoever arising. Furthermore,
the Landlord unconditionally accepts that AGENT shall not, under any circumstances whatsoever, be held liable
for any Covid-19 claims arising directly or indirectly in connection with the Tenancy and/or the Premises,
including irrespective of whether such Covid-19 claim(s) arise from any third party introduced by AGENT to the
Landlord or the Tenant, including but not limited to contractors, agents or otherwise.

12. APPOINTMENT OF AGENT AND AGENCY FEE

12.1 The Tenant acknowledges that AGENT has been appointed as the Landlord's agent to act on his/her/its
behalf.
12.2 As consideration for -
12.2.1 procuring, screening and selecting the Tenant, the Landlord shall pay AGENT a fee ('Procurement Fee')
equal to 7,5% (seven and a half percent) on the total cumulative rental payable by the Tenant for the
period of the Lease Agreement, including any renewals or extensions thereof ("Initial Period'}, covering
the first 24 months of tenancy, together with VAT on such fee. After 24 months of tenancy, the Landlord
shall pay AGENT a procurement fee equal to 6% (six percent) on the total cumulative rental payable by
the Tenant for the period of the lease agreement exceeding 24 months of tenancy.
12.2.2 providing the other services relating to the general administration of the Premises and the Lease
Agreement, the Landlord shall pay AGENT a monthly fee ("Management Fee') of 10% (ten percent) +
VAT on the monthly rental payable under the Lease Agreement for the duration of the Lease Agreement.

12.2.3 Should the Tenant cancel this lease prior to the Expiry Date (other than during the cooling-off period in
terms of Clause 2.3) then the Tenant shall be liable to the Landlord for a pro-rata refund of the
commission paid to AGENT for that period during which he/she/it has not honoured the lease.
12.3 The Procurement Fee will be due to AGENT on the Commencement Date.
12.4 If the Tenant remains in occupation of the Premises and/or this Agreement endures beyond the Initial Period
and is renewed or extended or a new Lease Agreement is concluded between the Landlord and the Tenant for
a period beyond the Initial Period then AGENT shall be deemed (which means it will be regarded as fact) to be
the effective cause of such lease, and
12.4.1 the Landlord shall pay to AGENT a further procurement fee equal to 7,5% (seven point five percent) on the
total cumulative rental payable by the Tenant for the period that the lease is so extended, renewed or
concluded together with VAT on such procurementfee covering the first 24 months of tenancy. After 24
months of tenancy, the procurement fee payable to AGENT shall be 6% (six percent) on the total
cumulative rental payable by the Tenant for the period that the lease is so extended, renewed of
concluded, together with VAT on such procurement fee; and
12.4.2 the Landlord will be liable for payment of a monthly management fee of 10% (ten percent)+ VAT on the
monthly rental payable under the Lease Agreement for the duration of the period of such lease or any
renewal/s or extension/s or new Lease Agreement concluded, as a monthly management fee.

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12.5 AGENT shall pay to the Landlord the Rentals paid by or on behalf of the Tenant to AGENT within 2 (two)
business days after receipt of cleared and immediately available funds after deduction of all applicable
amounts due to AGENT in terms of this Agreement. If a cooling-off right (as contemplated in clause 2.3)
applies to this Agreement then AGENT shall only pay such amounts to the Landlord after expiry of the relevant
cooling-off period.
12.6 The Landlord authorises AGENT to incur such reasonable maintenance expenses relating to the general
upkeep of the Premises for which the Landlord may be liable in terms of the Lease Agreement. The prior
consent of the Landlord will not be required for the incurral of such expenses provided this does not exceed
R2 000.00 (TWO THOUSAND RAND) plus VAT per expense. In the event that any expense does or is
reasonably anticipated to exceed the sum of R2 000.00 (TWO THOUSAND RAND), payment by AGENT of
such expenses must be authorised by the Landlord. AGENT shall be entitled to set such expenses off against
Rentals paid to AGENT by the Tenant from time to time.
12.7 Where applicable, AGENT will arrange for one quotation in respect of any maintenance and/or repairs
required in respect of the Premises.
12.8 AGENT shall however always be entitled, but not obliged to, arrange for emergency repairs and repairs
required to safeguard the Premises while let, regardless of the cost of such repairs and for such purpose the
Landlord does not require any pre-quotation and furthermore authorises such work to be carried out. AGENT
shall be entitled to set such expenses off against rent paid to AGENT by the Tenant from time to time.
12.9 Should the Tenant cancel this lease prior to the Expiry Date (other than during the cooling off period in terms
of clause 2.3) then the Tenant shall be liable to the Landlord for a pro-rata refund of the commission paid to
AGENT for that period during which he/she/it has not honoured the lease.
12.10 AGENT is registered with the PPRA, holds a Fidelity Fund certificate in its capacity as a Business Property
Practitioner and operates a trust account.
12.11 AGENT hereby warrants the validity of its Fidelity Fund certificate as at the date of signature of this
Agreement.

13. INSPECTION AND DEFECTS

13.1 Prior to occupation of the Premises by the Tenant, the Tenant and the Landlord (or AGENT on the Landlord's
behalf shall arrange and conduct a joint inspection of the Premises, at a time convenient to the parties (during
business hours on a business day),see if there are any defects or damages to the Premises. The parties shall
make a list of the defects and damage and attach such list to the Agreement.
13.2 The Landlord shall only be obliged to rectify the defects or damage referred to in such list to the extent
specifically agreed to in writing by the Landlord.
13.3 If the Tenant fails to attend the inspection at the date and time mutually agreed upon (or fails to attend an
inspection at such other later date and time arranged by the parties), then the Premises will be considered
free from defects and in a good condition, fair wear and tear excepted.

14. ACCESS TO THE PREMISES

14.1 The Tenant shall give the Landlord or his/her/its agent or contractors or other persons authorised by the
Landlord, access to the Premises for the purpose of -
14.1.1 showing prospective tenants, the Premises during the last 3 (three) months of the Fixed Period or any
renewal period, or during the 20 (twenty) business day notice period if the Tenant cancels before the
Expiry Date (as contemplated in clause 2.4), or at any other time in the case that the Lease endures on a
month-to-month basis;
14.1.2 showing prospective buyers, the Premises.
14.1.3 inspecting the Premises;
14.1.4 making any repairs; and/or
14.1.5 any other legitimate purpose.

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14.2 For purposes of clause 14.1, the Landlord shall give at least 24 (twenty-four) hours' notice to the Tenant
(except in an emergency), which notice may be given telephonically, orally or in writing at the Landlord or
Agent’s discretion. Access to the Premises in respect of clauses 14.1.2 to 14.1.5 shall be granted at any time
during the Fixed Period, subject to the aforementioned 24 (twenty four) hour notice to the Tenant.
14.3 The Landlord undertakes to take reasonable steps to minimise or prevent any interference to the Tenant.
14.4 The Landlord or his/her/its agent may place or erect on the Premises a 'For Sale" sign at any time during the
Fixed Period or a "To Let" sign at any time during the last 3 (three) months of the Fixed Period, or any renewal
period, or during the 20 (twenty) business day notice period if the Tenant cancels before the Expiry Date (as
contemplated in clause 2.4, or at any other time in the case that the Lease endures on a month-to-month
basis.
14.5 Contact details of the Tenant may be provided to prospective tenants for purposes of arranging viewings and
making other arrangements relating to the reletting of the Premises.

15. VACATION OF PREMISES

15.1 Upon termination of this Agreement (for whatever reason) the Tenant shall immediately vacate the Premises
and restore possession of the Premises and all items thereof (including the pre-supplied electricity meter
identification card (if applicable), and all keys, remotes and security access tags, as applicable, including
duplicates made) to the Landlord in a good order and condition, fair wear and tear excepted.
15.2 The Tenant shall be responsible for all costs in restoring possession of the Premises as contemplated in
clause 15.1.
15.3 Without limiting the general obligations in clauses 15.1, 15.2 and all other relevant provisions in this
Agreement, the Tenant shall at his/her/its own cost -
15.3.1 make good any damage to the walls (except to the extent that the Landlord is responsible to repair such
damage in terms of clause 10.3); In particular the Tenant shall be required to fill and make good all holes
caused by the Tenant, whether with or without the Landlord's consent, and paint the affected wall(s) in
order that no patching or spot painting of the walls can be seen, to the Landlord's satisfaction. The Tenant
acknowledges and agrees that it may be necessary to repaint an entire wall/s should the aforementioned
repairs/making good and repainting not be done to the Landlord's satisfaction.
15.3.2 engage a contractor reasonably acceptable to the Landlord or AGENT to professionally clean all carpets on
the Premises;
15.3.3 have the interior of the Premises professionally fumigated if the Tenant has kept pets of any nature
whatsoever on the Premises.
15.4 Upon termination of the Lease (for whatever reason) the Landlord and/or AGENT and Tenant will arrange a
joint inspection of the Premises at a mutually convenient time not earlier than 3 (three) days before the Expiry
Date or the date of termination of this Agreement to determine if any damage was caused to the Premises
during the Tenant's occupation thereof.
15.5 The inspection of the Premises shall be at a time that is mutually convenient to the Tenant and the Landlord
and/or AGENT, provided that such inspection takes place during normal business hours i.e. business days.
15.6 If the joint inspection takes place before the Tenant has fully vacated the Premises then the Landlord and/or
AGENT shall have the right to re-inspect the Premises once entirely vacated by the Tenant to ascertain
whether any damage has occurred subsequent to the 1st (first) inspection or in the course of vacating the
Premises.
15.7 If the Tenant fails to respond to the Landlord's or Agent’s request for an inspection, or fails to attend any such
mutually arranged inspection, the Landlord shall inspect the Premises within 7 (seven) days after the Landlord
has become aware that the Tenant has vacated the Premises in order to assess any damages or loss which
occurred during the tenancy.
15.8 If the Tenant has not returned or restored possession of the Premises in as good and clean condition in which
it was at the Commencement Date, with fair wear and tear excepted, then the Landlord shall have the right to
arrange for the Premises to be cleaned by a professional cleaning service, at the Tenant's cost.

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16. DAMAGE OR DESTRUCTION
16.1 If during this Agreement the Premises is so damaged or destroyed that it cannot be beneficially occupied, then
this Lease will terminate unless the parties agree otherwise in writing.
16.2 If the Premises is significantly damaged but can still be beneficially (and legally and safely) occupied, this Lease
will remain in force and the Landlord shall repair the damage without undue delay and the Tenant shall be
entitled to a total or partial remission of the Rental so as to compensate the Tenant fairly for being deprived of
beneficial occupation whether in whole or in part due to the damage and subsequent repair work carried out on
the Premises but the Tenant shall not have any claim upon the Landlord or AGENT for any damages in
consequence of any such deprivation, including, but not limited to, costs/expenses in regard to vacating the
Premises, relocating costs, finding and paying for alternative accommodation, save to the extent that such claim
is imposed or allowed by law.
16.3 Should the Landlord consider that it is not commercially or financially feasible to reinstate or restore the
Premises then the Landlord shall be entitled to terminate this Agreement. The Landlord shall inform the Tenant
of such decision within 30 (thirty) days after the date on which the Premises was damaged and the Tenant shall
be entitled to a remission in Rental for any period that it paid but did not have beneficial occupation of the
Premises.
16.4 If the Landlord effects the necessary repairs to the Premises, the Tenant shall be obliged to re-occupy the
Premises, and the Tenant shall from such date of occupation be obliged to recommence with the Rental and
other payments. If the Premises are not made available to the Tenant within 30 (thirty) days after the occurrence
of the damage, then the Tenant may at his/ her/its election terminate this Agreement by giving notice in writing
to the Landlord or AGENT.

17. ILLEGAL FOREIGNERS

If the Tenant is not a South African citizen, the Tenant warrants that he/she/it is not an illegal foreigner as defined in
the Immigration Act, No 13 of 2002 and is in possession of one of the permits and/or visas referred to in the Act and
accordingly is legally entitled to enter into this Agreement and to occupy the Premises for the entire duration of this
Agreement.

18. BREACH
18.1 If a party-
18.1.1 fails to pay any amount (including but not limited to the Deposit, Rental, arrear water and electricity) due
in terms of this Agreement within 3 (three) business days after receiving written notice demanding
payment of such amount;
18.1.2 in the case of the Tenant, subletting the Premises or any part thereof without obtaining the written
consent of the Landlord;
18.1.3 breaches any other material term of this Agreement and fails to remedy such breach within a period of7
(seven) business days after receiving written notice calling on the party to remedy; and/or
18.1.4 commits an act of insolvency, is declared insolvent, compromises with his/her/its creditors or fails to
satisfy a court judgment made against him/herrit, then the aggrieved party shall be entitled to summarily
cancel this Agreement.
18.2 Notwithstanding the time periods stated in clauses 18.1.1 and 18.1.3, if both the Landlord and the Tenant are
not juristic persons then the time period within which a party shall be given to remedy any defect shall be
extended to 20 (twenty) business days.
18.3 Any exercise of a party's rights in terms of this clause 18 shall be without prejudice to any other rights
which such party may have in law in terms of this Agreement or in law.

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19. HOLDING OVER
19.1 In the event of the Tenant remaining in occupation of the Premises after termination or cancellation of the
Lease whether such termination or cancellation is disputed by the Tenant or not, -
19.1.1 the Tenant shall be obliged to continue to pay all Rental and all other amounts due in terms of this
Agreement on the due dates for payment of such amounts until such time as the Tenant vacates the
Premises;
19.1.2 the Landlord shall be entitled to recover and accept such payments:
19.1.3 the acceptance by the Landlord of such payments shall be without prejudice to and shall not in any
manner whatsoever affect the Landlord's rights to terminate this Lease and/or to claim any damages
whatsoever.
19.2 Should the dispute referred to in clause 19.1be determined in favour of the Landlord, the payments made to
the Landlord in terms of this clause shall be regarded as amounts paid by the Tenant in respect of any loss
and/or damages sustained by the Landlord as a result of the Tenant's material breach.

20. ADDRESS FOR DELIVERY OF NOTICES

20.1 The Landlord chooses the address as stated in clause 3.4 of the Schedule (being Agent’s address) and the
Tenant chooses the Premises, for the service of all written notices and legal documents in terms of this
Agreement. On termination of this Agreement, the Tenant shall be obliged to provide an alternative address
to AGENT and/or the Landlord for this purpose, in writing.
20.2 Either party may change his/her/its service address referred to in clause 20 to any other physical address in
the Republic of South Africa by providing written notice to the other party.
20.3 Any notice which any party requires to give to the other party shall be in writing in English, and -
20.3.1 be delivered by hand, sent by email or by pre-paid registered post;

20.3.2 if delivered by hand during business hours, It shall be presumed to have been received on the date of
delivery. Any notice delivered after business hours or on a day which is not a business day will be
presumed to have been received on the following business day;
20.3.3 if sent by email during business hours, It shall be presumed to have been received on the date of
successful transmission of the email. Any email sent after business hours or on a day which is not a
business day will be presumed to have been received on the following business day;
20.3.4 if sent by pre-paid registered post, it shall be presumed to have been received 3 (three) days after
posting by registered post.
20.4 Notwithstanding this clause 20, any notice given in writing in English, and actually received by the party to
whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding
that such notice has not been given in accordance with this clause.

21. APPLICABLE LAW AND JURISDICTION

21.1 Subject always to the provisions of any law requiring or permitting a party to have a dispute determined in any
other manner or by any other dispute resolution body or authority, the Tenant consents to the jurisdiction of the
Magistrates Court in which district the Premises is situated in relation to any legal proceedings arising from
this Agreement or the cancellation thereof, notwithstanding that the subject matter or cause of action would
otherwise be beyond the jurisdiction of the Magistrate's Court.
21.2 The Landlord reserves the right to institute proceedings in the High Court, where permitted to do so in law.
21.3 This Agreement shall be governed in accordance with the laws of the Republic of South Africa.

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22. COSTS
22.1 If a party takes any legal steps against the other in terms of this Agreement, then the party in default shall be
obliged to pay on demand all costs, together with any VAT thereon, incurred by the aggrieved party, including
collection commission, storage and other charges, as well as legal costs on the scale as between "attorney-
and-client' or otherwise as determined by the Court or other dispute resolution body. The parties acknowledge
that the reference to the scale as between "attorney and client" is a reference to fees and costs that a client
would be charged by his/her/its own attorney.
22.2 To the extent not recovered from the Tenant, the Landlord shall be liable for legal costs which may be incurred
by AGENT on the Landlord's behalf.

23. GENERAL
23.1 This Agreement constitutes whole agreement between the parties relating to the matters dealt with herein (i.e.
the parties intend to rely on this agreement as the sole recordal of their agreement).
23.2 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same Agreement as at the date of signature of the party last signing one
of the counterparts.
23.3 No addition to or variation, deletion or cancellation of this Agreement or any purported consensual cancellation
thereof will be of any force or effect unless agreed to in writing and signed by the Landlord and Tenant.
23.4 Whenever in this Agreement there is a reference to "business days" the reference shall be construed as any
day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South
Africa from time to time and "business hours· shall be construed as being the hours between 0Bh30 and17h00
on any business day.Any reference to time shall be based upon South African Standard Time.
23.5 No concession or indulgence that may at any time be granted by the Landlord (or AGENT) to the Tenant,
whether in respect of time for payment of rental or otherwise, shall be deemed to be a waiver of, or affect,
prejudice or derogate from the rights of the Landlord under this Agreement.
23.6 Should two or more persons sign this Agreement as Landlords or Tenants, such persons shall be jointly and
severally liable for the due performance of the Landlord's or Tenant's obligations, as the case may be, in terms
of this Lease. Joint and several means, for example, that if the Tenant includes more than one person, then
each individual will be liable for all the Tenant's responsibilities and obligations under this Lease individually,
and collectively the persons will be jointly liable.
23.7 Should any person signing this Agreement on behalf of the Landlord and/or the Tenant, that person warrants
and represents that he/she has the authority and power to sign this Agreement and bind the Landlord and/or
Tenant to the terms hereof.
23.8 If the Landlord or Tenant is married in community of property, they warrant that their spouse has consented to
them signing this Lease.
23.9 The Tenant acknowledges and accepts that the Landlord and AGENT has no control over any building works
or anticipated building works adjacent to, or in close proximity to the Premises and that the Landlord and/or
AGENT cannot be held liable or responsible for any disturbance and/or inconvenience caused as a result of
any such building works.
23.10 The Tenant acknowledges and accepts that due to water restrictions imposed by the municipal authority from
time to time, the swimming pool, garden and all water dependent features (if any) will on the Commencement
Date, not necessarily be in the same condition as when the Premises was viewed and/or when the Lease was
signed and hereby waives any claims against the Landlord in this regard, which may arise and which are
directly and/or indirectly attributable to the Landlord's compliance with the relevant water restrictions.

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23.11 The obligations of the Landlord and Tenant stipulated herein are subject to the applicable municipal water
restrictions, as they may apply from time to time. In each instance the Tenant's obligation to maintain the
Premises remains in place, and must be exercised and be complied with as far as possible within the
parameters of the restrictions. It is the Tenant's responsibility to remain abreast of all municipal water
restrictions introduced and/or amended from time to time. Neither the Tenant nor the Landlord will have any
claim whatsoever against AGENT in respect of damages arising directly or indirectly on or to the Premises -
whether to the buildings, any garden area, swimming pool, water feature, fish pond, filtration plant, should
these exist - , as a result of compliance with water restrictions. This includes damage resulting directly or
indirectly from limitations and/or prohibitions on the filling of pools with potable water.
23.12 The Landlord and Tenant warrant that they have read and considered the provisions of this Lease. They have
also had the opportunity to query any provisions of this Lease with a representative of AGENT and are
satisfied with its contents.

24. ADDITIONAL COMPLIANCE

24.1 The Tenant consents to and authorises the Landlord or AGENT (as the case may be} to:
24.1.1 contact, request and obtain any information at any lime and from any registered credit bureaux in order
to assess the behaviour, profile, payment patterns, indebtedness, whereabouts (previous residences
and references), and creditworthiness of the Tenant; and
24.1.2 provide, in Agent’s sole discretion, information about the payment patterns of the Tenant under this
Agreement to any registered credit bureau which will process and/or further process that information
including Personal Information of the Tenant for purposes of that credit bureau's activities. Where
AGENT provides such information about the payment patterns of the Tenant under this Agreement, this
will be provided to TPN Group (Pty) Ltd, a registered credit bureau (NCRCB08).
24.2 Where AGENT processes this payment and other Personal Information, this will be limited to the collection,
recording, collating and provision of this information to this/these credit bureau/x which is/are responsible and
accountable for the processing and/or f processing of this information. While AGENT will endeavour to ensure
that it provides accurate information to such credit be it (AGENT) will not be liable to the Tenant and/or the
Landlord for any claims or losses that may be suffered or incurred by the Tenant and/or Landlord as result of
(i) the inadvertent provision incorrect or inaccurate information to such credit bureaus/x or (ii) the processing
of such information by the credit bureaus/x concerned.
24.3 The Tenant acknowledges that the Landlord and AGENT (as the case may be) may collect, use and process
the Tenant's Personal Information {as defined in the Protection of Personal Information Act No 4 of 2013) for
the purpose of:
24.3.1 the Application Process and entering into this Lease Agreement;
24.3.2 performing their obligations in connection with this Lease Agreement;
24.3.3 exercising their rights and pursuing their legitimate interests under this Lease Agreement;
24.3.4 generally giving effect to and ensuring compliance with the provisions of this Lease Agreement; and
24.3.5 the general administration of the relationship between the parties.

25. COMMISSION IN THE EVENT OF SALE

In the event that the Tenant elects to purchase the Premises (whether during the period of this Agreement or within
180 (one hundred and eighty) days thereafter) then AGENT shall be deemed {which means that it will be regarded as
fact) to be the effective cause of the sale and the Landlord shall be obliged to pay AGENT commission in an amount to
equal to 5.5% (five and a half percent) of the purchase price of the Premises together with VAT on such commission.

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26. PROPERTY PRACTITIONERS ACT 22 OF 2019 ("PPA")
The duly completed and signed mandatory disclosure form in respect of the Property required in terms of section 67 of
the Property Practitioners Act 22 of 2019, is attached hereto as Annexure •1•.

27. NO SMOKING POLICY

27.1 Neither the Tenant, occupants or any visitors/ guests are permitted to smoke cigarettes and I or marijuana
(cannabis) inside the Premises.
27.2 The Tenant expressly agrees to refrain from burning incense, and the use of electronic cigarettes, personal
vaporizer, or an electronic nicotine delivery system inside the Premises.
27.3 Smoking is only permitted on the outside balcony, garden or in an outdoor smoking area designated as such by
the Landlord.
27.4 Should the Premises smell of smoke caused by any substance used in the Premises as detailed in clauses 27.1
and 27.2, upon the Lease terminating or expiring, the Tenant shall be liable for any necessary repairs,
replacement and or making good whichever is applicable, which may include but is not limited to professional
cleaning of all blinds and/ or curtains, to ensure the apartment is cleared of any tobacco smoke smell.
27.5 The Tenant understands that smoke from any substance will be considered damage which includes but is no
limited to replacing countertops, carpets, or any other surface damaged due to burn marks and/ or smoke
damage.

28. ADDITIONAL TERMS

28.1 It is recorded that the tenant will be responsible for monthly electricity charges.
28.2 It is recorded that the Landlord will be responsible for payments of water, effluent charges, monthly levy, rates
and taxes.
28.3 It is recorded that the apartment has a fibre connection for internet. It will be the tenants responsibility to
connect with their chosen service provider and pay the monthly subscription and connection fee., should they
require fibre connection.
28.4 It is recorded that no smoking is permitted in the apartment.
28.5 It is recorded that no pets are permitted .

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Lease Agreement
29. OFFER TO LEASE
29.1 The first signature on this Agreement, i.e. by the Tenant, constitutes an irrevocable offer to lease the
Premises, which offer is open for acceptance by the Landlord up to (i.e. the offer expires on)
__________________
29.2 The Landlord may accept the offer by signing in the space provided below and by returning the entire
agreement to AGENT, which return may be by fax or email.
29.3 If the Landlord fails to accept the offer by the due date (as contemplated in clause 29.1), then the offer will
lapse.

This done and signed by the Tenant at _______________________________________________on this

________day of ________________________

____________________________________________
FOR: THE TENANT
(Who warrants he/she is duly authorized)

This done and signed by the Landlord at: ______________________ on this __________day of______________
The benefits of this Agreement are hereby accepted by

____________________________________________
FOR: THE LANDLORD
(Who warrants he/she is duly authorized)

FOR: ____________________________________(AGENCY)
Name:________________________
I, the undersigned, hereby certify that this documentation has been completed by the above-named Candidate Estate
Agent, under my supervision and control, as required in terms of the PPA. [To be signed by the duly qualified property
practitioner, if applicable.]

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