MEMORANDUM OF AGREEMENT OF LEASE

Transcription

1 MEMORANDUM OF AGREEMENT OF LEASE Made and entered into by and between: (hereinafter referred to as the LESSOR) And (hereinafter referred to as the LESSEE) WHEREAS the LESSOR is the owner of AND WHEREAS the LESSEE is desirous leasing the said premises AND WHEREAS the LESSOR and the LESSEE are desirous of recording the terms and conditions of such Agreement of Lease AND WHEREAS the LESSOR hereby lets to the LESSEE, who hereby hires from the LESSOR, the premises hereby let. NOW THEREFOR THESE PRESENTS WITNESSETH: 1. DEFINITIONS: In this Agreement of Lease, the following words shall bear the meaning assigned to them in this paragraph: 1.1 "Notices" shall mean a letter sent by prepaid registered mail to the parties domicilium citandi et executandi; 1.2 "the Premises hereby let" shall mean the premises to be occupied by the LESSEE and known as.

2 2. DURATION OF LEASE: PLEASE TAKE NOTE OF THE DIFFERENT OPTIONS, TOGETHER WITH THE RELEVANT IMPLICATIONS. PLEASE DELETE THE SECTION THAT IS NOT APPLICABLE. SECTION 14 DEALS WITH FIXED TERM AGREEMENTS, THEIR EXPIRY AND RENEWAL AND PROCEDURES THAT NEEDS BE FOLLOWED IN A CASE OF BREACH OF CONTRACT AND/OR CANCELLATION. 2.1 IN THE EVENT OF A NON FIXED TERM LEASE (MONTH TO MONTH BASIS) WITH SECTION 14 OF THE CONSUMER PROTECTION ACT NOT BEING APPLICABLE This Lease shall be on a month to month basis and will commence on terminated by either party giving to the other, at any given time, TWENTY (20) BUSINESS DAYS written notice of the termination of the lease. 2.2 IN THE EVENT OF A FIXED TERM LEASE (MAXIMUM PERIOD BEING 24 MONTHS) WITH SECTION 14 OF THE CONSUMER PROTECTION ACT BEING APPLICABLE 3. RENTAL: This Lease will commence on and terminate on. Should the LESSEE not vacate the property on expiry of the Lease, the Lease shall continue on a month to month basis, both parties being obliged to give the other TWENTY (20) Business days' notice of termination Not more than EIGHTY (80) and not less than FOURTY (40) days before the expiry date of the lease, the LESSOR undertakes to inform the LESSEE of the impending expiry date, including a notice of any material changes that would apply if the lease is to be renewed or otherwise continue beyond the expiry date. 3.1 The rental payable by the LESSEE to the LESSOR in respect of the period of this Lease will be R ( ) per month, payable from and thereafter on or before the first day of each and every successive month; 3.2 Payment of rental and all other sums due under this Agreement will be paid by the LESSEE to the LESSOR monthly in advance in the banking account of the LESSOR to be advised or such other place as the LESSOR may in writing advise the LESSEE, so as to reach the LESSOR by not later than the first day of each and every month during the currency of this Agreement of Lease 3.3 The LESSEE shall not be entitled to withhold or subtract rent, unless He has a valid claim against the LESSOR

3 3.3.2 The LESSOR materially prevented the LESSEE from using the property fully. 3.4 In the event of 3.3 above, the LESSOR is still entitled to the amount in excess of what is owed by him. 4. DEPOSIT: 4.1 The LESSEE shall on the signing hereof pay the sum of R as Deposit and guarantee against payment by the LESSEE in due course of all the amount which may become due by the LESSEE and may at any time be applied by the LESSOR towards payment of any amount whatsoever due by the LESSEE. Which amount includes repairs to damages to property caused by LESSEE. 4.2 The Deposit shall be invested in an interest bearing account for the benefit of the LESSEE. The Deposit, less any deducted amounts, will be refunded to the LESSEE on date of termination of the lease. 5. INSPECTION OF THE PREMISES: 5.1 Prior to the LESSEE taking occupation of the property, the parties will do an inspection together at the property and will draw up a list containing all material defects at the property. In the event of the LESSOR agreeing to repair any of the defects, same will also be indicated on the said list. This list will be attached to this Lease Agreement. 5.2 The LESSOR and the LESSEE shall do another inspection at least 3 days before the expiry of the lease in order to draw up another list of all defects and damages to the property. In the event of these not appearing on the list that was discussed in paragraph 5.1 the repairs will be for the LESSEE'S account which amount could be subtracted from the Deposit due to the LESSEE. 6. DOMICILIUM: 6.1 The LESSOR chooses domicilium citandi et executandi for all purposes hereunder at 6.2 The LESSEE chooses domicilium citandi et executandi for all purposes hereunder at

4 7. SUB-LETTING, TRANSFER OF OWNERSHIP AND CESSION: The LESSEE shall not: 7.1 Cede or assign or mortgage or pledge any of its rights under this Lease, nor; 7.2 Sub-let the premises let or any part thereof, nor; 7.3 Allow anyone else to occupy the premises hereby let or any part thereof on any conditions whatsoever for any reason whatsoever without the LESSORS's prior written consent. 7.4 Use the property for any other purposes other than for residential purposes. The maximum number of persons to occupy the property shall be. 8. CONTRAVENING OF LAWS: 8.1 The LESSEE shall not contravene or permit the contravention of any law, by-law, ordinance, proclamations or statutory regulations to or affecting the occupation of the premises hereby let. 8.2 The LESSEE shall not cause or allow anything to be done that might be considered as a nuisance or annoyance to any neighbour. 9. MAINTENANCE OF THE PREMISES HEREBY LET: 9.1 The LESSEE shall keep and maintain at his cost the interior of the premises hereby leased and all parts thereof and shall, on the expiry or earlier termination of this Lease, or any extension thereof, return the premises hereby let to the same good order and condition as at the date upon which the LESSEE first takes occupation of the premises hereby let, fair wear and tear accepted; 9.2 The LESSEE shall: use his best endeavours to prevent any blockage of any sewerage or water pipes or drains in or used in connection with the premises hereby let; remove at his cost any obstruction or blockage referred to in paragraph above; 9.3 The LESSEE shall pay for all fluorescent bulbs, starters, ballasts and incandescent bulbs used in the premises hereby let and shall be responsible at his own cost to maintain all lights in the premises hereby let in proper order and clear condition. Should the LESSEE at any time fail to comply with any of his/her obligations in terms of this clause, the LESSOR shall be entitled to enter upon the premises herby let and on behalf of the LESSEE to take the necessary remedial measures at the cost of the LESSEE; 9.4 The LESSEE shall, it his/her own expense, replace or make good and repair, as the case may be, the alarm system or air conditioning units (if any), the stove, any

5 keys, locks, windows, carpets, fixtures, fittings, toilets, washbasins or other installations which have been removed from the premises hereby let howsoever and by whomsoever or which may become damaged, broken or destroyed from time to time during the currency of this Lease as and when same has been removed, damaged, broken or destroyed. 10. IMPROVEMENTS TO BE MADE TO PROPERTY: 10.1 The LESSOR shall be entitled at any times during the currency of the Lease, to effect such repairs, alterations, improvements and/or additions to the premises or building hereby let as are required by any competent authority or which the LESSOR may in his discretion decide to carry out The LESSOR shall then be entitled for any such purpose to effect scaffolding, hoardings and/or other building equipment in, at, near or in front of the premises hereby let, as also such devices as may be required by law or which the LESSOR's architect may certify to be reasonable necessary for the protection of any person against injury arising out of the building operations in such manner as may be reasonably necessary for the purpose of any of the words aforesaid The LESSOR shall further be entitled by himself, his contractors and subcontractors, his architects, his quantity surveyor, his engineers and all artisans and other workmen engaged on the works, to such rights of access to the premises herby let as may be reasonably necessary for the purpose aforesaid The LESSEE shall have no claim against the LESSOR for compensation, damages or otherwise, by reason of any interference with his/her tenancy or beneficial occupation of the premises hereby let occasioned by any such repairs or building words as are hereinbefore contemplated, or arising from failure or interruption in the supply of water and/or electricity and/or steam and/or heating and/or gas and/or other amenities to the premises hereby let, as a result of thereof The LESSEE shall not do any external or internal alterations, additions, structural changes or improvements to the property without the prior written consent of the LESSOR and shall not be entitled to be compensated for any improvements, but can remove same on condition that the property is restored and left in the same condition it was when occupation was taken. 11. EXTERIOR OF PREMISES, GARDEN, POOL AND ROOF: 11.1 EXTERIOR the LESSOR shall be responsible for replacing of window panes and other fixtures and fittings, provided that such damage has not been caused by the LESSEE or visitors of the LESSEE and only if such repairs are necessary to ensure that the property is habitable GARDEN the LESSEE shall be responsible for the maintenance of the garden, trees or other aspects related thereto which includes the regular cutting of grass and the watering of lawn, garden and potted plants. The LESSEE shall not be entitled to remove any plant, shrub or tree without the LESSORS written consent. Any damages due to the neglect of the LESSEE will be for the account of the

6 LESSEE. The LESSOR is only responsible for the maintenance in as far as same is necessary to maintain the habitability of the buildings 11.3 POOL - the LESSEE shall be responsible for the upkeep, maintenance and repairs of the swimming pool, pump, filter units and automatic pool cleaner assembly (fair wear and tear accepted) ROOF the LESSOR shall be responsible for the maintenance of the exterior, roof and structure of the premises to ensure that it is at all times fit for the use stipulated herein. 12. FAILURE TO MAINTAIN THE PROPERTY: 12.1 In the event of the LESSEE failing to maintain the property, the LESSOR shall notify the LESSEE in writing to rectify the failure within 14 (FOURTEEN) days. Should the LESSEE still fail to respond the LESSOR shall be entitled to attend to the relevant maintenance and recover the costs from the LESSOR which will be payable on demand. The LESSOR shall also have the normal rights of cancellation In the event of the LESSOR failing to attend to maintenance for which he/she is responsible, the LESSEE shall not be permitted to effect the repairs or maintenance or have a claim in respect thereof against the LESSOR, unless the LESSEE has given the LESSOR FOURTEEN (14) days written notice of the repairs and the nature thereof and the LESSOR has failed to effect such repairs within the period In the event of the LESSEE having to effect the repairs, the costs will be limited to the reasonable and necessary costs of such repairs. 13. ELECTRICITY, GAS, REFUSE REMOVAL AND ALARM SYSTEMS: 13.1 ELECTRICITY responsibility of LESSEE 13.2 GAS responsibility of LESSEE 13.3 REFUSE REMOVAL the LESSEE shall pay for the removal of his/her refuse in, on or from the property ALARM SYSTEM the LESSOR will be liable for the payment of the monthly levies in respect of the alarm monitoring company, should he/she decide to utilise such services. 14. INDEMNIFICATION: 14.1 The LESSOR shall not be responsible for damages loss or injury sustained by the LESSEE, his family members, visitors or occupants of the property caused by or as a result of: Any defect in the dwelling or outbuildings beyond the liability imposed on the LESSOR by operation of section 61 of Act 68 of 2008 and the LESSEE indemnifies the LESSOR against any claim resulting from such damages, loss or injury.

7 Any act of Nature (including rain, wind, hail, fire, storms, lightning etc), and leaks or damages caused by riots, strikes or actions by the enemies of the State, vis major (an irresistable force)casus fortuitous (an uncontrollable accident or event of any nature), or as a result of any other causes The LESSOR shall not be responsible for damages caused by death or personal injury of the LESSEE or any of the persons mentioned above, unless such damage is as a result of the act or omission on the part of the LESSOR. 15. LIABILITY OF THE LESSOR: 15.1 The LESSEE shall not under any circumstances have any claim or right of action whatsoever against the LESSOR for damages, loss or otherwise, nor shall he/she be entitled to withhold or defer payment of rent, by reason of the premises hereby let being in a defective condition or falling into disrepair or any particular repairs not being effected by the LESSOR; 15.2 The LESSEE shall have no claim of any nature whatsoever for damages, remission of rent or otherwise, against the LESSOR, for any failure of or interruption in the supply of water, gas, electricity or other amenities to the premises hereby let, whether such interruption arises from vis major casus fortuitis, or any other cause whatsoever. 16. TO LET SIGNS, NOTICES, LICENCES AND ACCESS: 16.1 The LESSOR shall have the right during the last THREE (3) months of this Lease to exhibit on the premises hereby let such notices as it may deem desirable for the purpose of letting or otherwise dealing with the premises herby let; 16.2 The LESSEE shall at any time during the currency of this Lease, or any extension thereof, during business hours or at reasonable times before or after business hours, afford the LESSOR or other authorised representatives of the LESSOR, his agents and any person or persons who may be interested in the building, as prospective purchaser(s) thereof, or as prospective Lessee(s) thereof, a reasonable opportunity of inspecting the interior and exterior of the premises hereby let; 16.3 The LESSOR shall be entitled to inspect the premises hereby let at all reasonable times. 17. DAMAGES TO OR DESTRUCTION OF PREMISES HEREBY LET: 17.1 Should the premises hereby let be destroyed or damaged to an extent which prevents the LESSEE from having beneficial occupation of the premises hereby let, then: The LESSEE shall have no claim of any nature whatsoever against the LESSOR as a result thereof, no matter how such destruction or damage has been caused, provided such damage or destruction was not caused by any wilful act or omission on the part of the landlord;

8 The LESSOR or the LESSEE will be entitled thirty (30) days after such destruction or damage, to determine whether or not his Lease shall be cancelled and shall notify the other party of its decision in writing within such period; Should the LESSOR not notify the LESSEE of its decision within such period, then it shall be deemed to have elected to cancel this Lease; 17.2 Should the LESSOR elect or be deemed to have elected to cancel this Lease, then the LESSEE shall have no claim of any nature whatsoever against the LESSOR as a result of such cancellation, but shall not be liable for any rent from the date of such destruction or damage. 18. EXPRORIATION: If at any time during the currency of this Lease any competent authority shall expropriate the whole or any portion of the land on which the said building stands, and as a result thereof the LESSEE is unable to continue in occupation of the premises, the LESSEE shall have no claim for compensation or damages against the LESSOR. 19. BREACH AND CANCELLATION OF LEASE: PLEASE TAKE NOTE OF THE DIFFERENT OPTIONS, TOGETHER WITH THE RELEVANT IMPLICATIONS. PLEASE DELETE THE SECTION THAT IS NOT APPLICABLE IN THE EVENT OF A NON FIXED TERM LEASE (MONTH TO MONTH BASIS) WITH SECTION 14 OF THE CONSUMER PROTECTION ACT NOT BEING APPLICABLE Should the LESSEE fail to pay any rent on its due date, commit any other breach of any condition of this Lease, surrender his estate or be sequestrated provisionally or otherwise, the LESSOR shall without any further notice to the LESSEE have the following options: cancel this Lease forthwith and claim possession of the premises hereby let, without prejudice to its claim for any arrear rentals and other sums payable hereunder, together with interest thereon at a rate of TEN PERCENT(10%) per annum, by reason of such breach and/or cancellation and/or to any other remedy which it may have against the LESSEE arising out of this Lease, OR Claim payment of the arrear and future rental under this Lease and all other monies that is owed by the LESSEE, without prejudice to the LESSOR's rights to recover damages to the Property or damages caused as a result of the breach Should the LESSEE remain in occupation of the property, despite the fact that the lease has been cancelled or when there is a dispute as to whether cancellation took place, he/she shall still be liable for the payment of the monthly rental as stipulated in this Lease.

9 19.2 IN THE EVENT OF A FIXED TERM LEASE (MAXIMUM PERIOD BEING 24 MONTHS) WITH SECTION 14 OF THE CONSUMER PROTECTION ACT BEING APPLICABLE The LESSOR will have the following options available: 20. GENERAL: Act in accordance with the terms of the Consumer Protection Act No 68 of 2008, in dealing with a breach of the Lease Agreement, or Should the LESSEE fail to pay any rent on its due date, commit any other breach of any condition of this Lease, surrender his estate or be sequestrated provisionally or otherwise, the LESSOR shall be entitled to cancel this lease and eject the LESSEE after giving the LESSEE due notice in terms of section 14(2)(b)(ii) of Act 68 of 2008 (Entailing that the LESSOR has given the LESSEE TWENTY (20) Business days written notice of such breach and the LESSSEE has failed to rectify the breach) and claim such amounts as provided for in section 14(3) of Act 68 of This Lease incorporates the entire agreement between the LESSOR and the LESSEE and records that no representations of any nature whatsoever have been made by the LESSOR or any person acting on the LESSOR's behalf to the LESSEE inducing him/her to enter into this Lease; 20.2 No alteration or variation of this Lease shall be of any force or effects unless it is recorded in writing and signed by both the LESSOR and the LESSEE The LESSEE and LESSOR confirmed that they have together inspected the property internally and externally and that all fixtures and fittings are in good working order and that garden is neat and properly maintained, except for those defects listed in the annexure hereto The LESSEE acknowledges that, except for those defects listed on the annexure, the property as a whole is in a neat and tidy condition free of any damage. 21. NOTICES: All notices referred to in this Agreement of Lease shall be dispatched by prepaid registered post and shall be deemed to have been received by the party to whom it is so addressed THREE (3) days after the posting thereof as aforesaid. 22. COSTS: 22.1 The costs of arising from and incidental to and in connection with this Agreement of Lease and all prior draft agreements, including all consultations, attendances, telephone calls, etc shall be paid by the LESSEE; 22.2 In the event of litigation the party ordered by court to pay the litigation costs will be obliged to pay the successful party's costs.

10 DATED at AS WITNESSES: on LESSOR DATED at AS WITNESSES: on LESSEE