4.1 The Leased Premises are let to the LESSEE for student accommodation purposes only and no other purpose whatsoever. The LESSOR does not warrant that the Leased Premises are fit for the purpose rented and the LESSEE undertakes, at its own cost, to take all steps and do all things necessary to ensure the LESSEE’S legal and practical use of the Leased Premises. In this respect, the LESSEE accepts the Leased Premises voetstoots and “as is”.
4.2 During the currency of this Lease, should the LESSEE park in the complex, in the building, or on the Leased Premises, parking will be subject to the express condition that such vehicle is so parked by the LESSEE at his/her own risk and responsibility, and that no liability will attach to the LESSOR for any loss or damage of whatsoever nature which the LESSEE (or any person claiming through or under him) may suffer in consequence of having parked the vehicle as aforesaid. The parking space which will be allocated to the LESSEE will be solely at the discretion of the LESSOR or the LESSOR’S duly appointed
Superintendent or the LESSOR’S duly authorised Agent and may be changed from
time to time.
4.3 No vehicle or other item that cannot power itself with its own engine may be allowed on the Leased Premises, the parking bays, or any portion of the property on which the Leased Premises is situated; nor shall selling of goods or supply of services, trading from or conducting business of whatsoever nature be permitted on the aforesaid property.
5. INTEREST ON ARREAR RENTALS AND ANCILLARY CHARGES
The LESSOR shall have the right to charge the LESSEE interest at the prevailing prime bank overdraft rate of the LESSOR’S bank from time to time plus 5% (five percent) on any amounts owing, overdue and unpaid, calculated and accruing with effect from the day after the due date for any payment.
6. DEPOSIT
Upon the LESSEE’S signing hereof, the LESSEE shall pay to the LESSOR a deposit of R.00 as security for damage to the Leased Premises, loss of keys, and/or any other indebtedness by the LESSEE to the LESSOR. The LESSEE is not permitted to set-off or deduct the deposit from any rental or ancillary charges due under this agreement. Such deposit, at the sole discretion of the LESSOR, shall be forfeited as a pre-estimate of liquidated damages in the case of breach of this Lease by the LESSEE. The deposit shall be returned to the LESSEE within 14 (fourteen) days of the LESSEE having paid final amounts for services consumed by it on the Leased Premises, and subject to all outstanding accounts, damages or other indebtedness related to the Leased Premises having been paid and after inspection of the Leased Premises by the LESSOR or the LESSOR’S Agent, and both parties having signed off the relevant inspection report. In the event of damage, destruction or loss to the Leased Premises, such monies as are deemed necessary to restore the Leased Premises to a condition acceptable to the LESSOR may be withheld. The LESSOR reserves the right to call for additional deposit to bring the total deposit into line with the monthly rental at any time during the existence of the Lease. The LESSOR shall have the right, in its sole and absolute discretion, at any time to appropriate the whole or any portion of the deposit towards payment of unpaid rent, charges for water, electricity and other utilities supplied to the Leased Premises (the parties acknowledging that certain of which charges are only quantifiable at least two (2) months in arrears), or any other debt arising from this Lease or the LESSEE’S occupation of the Leased Premises, such as gas, key replacements or renovations or repairs, or any other liability for which the LESSEE is responsible. If any portion of the deposit is so appropriated, the LESSEE shall forthwith reinstate the deposit to its original amount. The deposit shall be retained by the LESSOR or its duly authorised Agent until the expiry of this Lease including any renewal thereof, and the vacating of the Leased Premises by the LESSEE and the complete discharge of all the LESSEE'S obligations to the LESSOR arising from this Lease.
7. BREACH OF LEASE
7.1 Should the LESSEE: -
7.1.1 fail to pay the monthly rent or part thereof or any other charges (or part thereof) aforesaid on the date is becomes due and payable under this Lease; or
7.1.2 Commit any breach whatsoever of any of the terms and conditions of this Lease; or
7.1.3 become insolvent or make or attempt to make any compromise with his creditors as a body; or
7.1.4 suffer his effects or assets being taken in execution of a judgement which has remained unsatisfied for fourteen calendar days or more from date of such judgment; then and in any such event, and without prejudice to any other rights which the LESSOR may have in law, the LESSOR shall have the right to cancel this Lease forthwith and without notice, except as may be required by Statute, to eject the LESSEE and/or any other person or persons occupying the Leased Premises and to take occupation of the Leased Premises and claim from the LESSEE any arrear rental and/or ancillary or other charges plus interest on the aggregate overdue amount at the prevailing prime bank overdraft rate of the LESSOR’S bank from time to time, plus 5% thereon, together with a collection fee of 10% on the then outstanding gross indebtedness arising from this Lease
7.2 The LESSOR shall have a further right and option, in addition to any other rights and options which it may have, to suspend all services provided by it or on its behalf or at its instance, including but not limited to the provision of electricity, gas, water, and other utilities, as long as any rentals or any other amounts due by the LESSEE in terms of this Lease remain unpaid. In these circumstances, the LESSEE shall pay a re-connection fee of R.
7.3 Should the LESSEE dispute the cancellation of this Lease and retain possession of the Leased Premises, the LESSEE shall continue to pay the monthly rent and other/ancillary charges as if this Lease had not been cancelled, but the LESSOR shall receive such payments without prejudice to and in addition to the LESSOR’S existing rights. Should the dispute be settled in favour of the LESSOR, it may retain such payment of rent and/or ancillary charges as part of the loss it has sustained due to the LESSEE’S default, any cancellation, or unlawful occupancy of the Leased Premises by the LESSEE.
7.4 If as a result of any breach by the LESSEE of any terms of this Lease, and should the LESSOR instruct an Attorney to make demand or institute legal proceedings against the LESSEE, the LESSEE shall be liable for, and shall on demand pay, all legal costs and disbursements so incurred, including but not limited to, collection charges and legal costs as between Attorney and client.
7.5 At the option of the LESSOR, any action or application arising out of this Lease or any suretyship or co-principal debtorship furnished in terms hereof may be brought in any Magistrate Court having jurisdiction in respect of the LESSEE, the Leased Premises, or the sureties/co-principal debtors, as the case may be, notwithstanding that the amount in issue may exceed the jurisdiction of such Court.
8. SUB-LET
The LESSEE shall not sub-let the Leased Premises, nor cede or assign any rights or obligations under this Lease, or in any other manner of whatsoever nature, alienate the rights flowing from this Lease without the prior written consent of the LESSOR, nor shall the LESSEE permit or allow any other person or persons to occupy the Leased Premises, or to reside therein, or to take possession thereof other than the LESSEE. Only the number of persons permitted in clause 2 above may occupy the Leased Premises which Leased Premises shall be used for residential purposes only. Should the LESSEE contravene the above, the LESSOR has the right to cancel the Lease without prior notice and with immediate effect.
9. ANIMALS
The LESSEE shall not house live animals, birds or domestic pets on the Leased Premises without the express prior written permission of the LESSOR and/or the Body Corporate or Homeowners Association (if applicable). Should such permission be given it may be withdrawn should complaints be received, or should such housing of animals constitute a nuisance, an abuse of rights, or should the LESSOR deem it necessary for whatsoever reason. To this end, such permission may be withdrawn on 24 hours written notice from the Body Corporate, or Homeowners Association, or the LESSOR.
10. LESSEE'S LIABILITY: LEASED PREMISES
10.1 The LESSEE shall not alter or interfere with the gas and/or electrical installations or make any alterations or repairs to the Leased Premises or its appurtenances, or permit nails or screws to be driven into the walls, ceiling or furniture, or hang linen or clothing on the balconies or the outside of the building or Leased Premises.
10.2 Bicycles, boxes, parcels, rubbish or refuse may not be left in the passages, corridors, stairways or entrance to the building, complex or Leased Premises.
10.3 The LESSEE shall not erect any signboards on the Leased Premises unless approved in writing by the LESSOR.
10.4 The LESSEE hereby undertakes to make good, to the LESSOR's satisfaction, any damage to any portion of the building or complex (including but not limited to the entrance steps, banisters, lifts) in which the Leased Premises are situated, caused through the delivery/removal to and from the Leased Premises of any furniture, goods, chattels, or any other item, whether such damage is caused by the LESSEE or by any person or firm effecting such delivery or removal on the LESSEE's behalf. The LESSEE further acknowledges responsibility for the acts of any workmen engaged by the LESSEE on or about the Leased Premises.
11. EQUIPMENT IN LEASED PREMISES
11.1 Should the LESSEE upon taking possession of the Leased Premises discover that any of the keys, locks, glass, windows, sewerage installation including sewerage pans and pipes, electrical installations and fittings, water-taps, gas installation, cookers or stoves are in a defective state, he shall within 3 (three) days from date of such possession give written notice to the LESSOR's Agent, H Weinberg (Pty) Limited or such Agent as may be duly appointed by the LESSOR, setting out the details of any such defects complained of.
11.2 The failure to do so on the part of the LESSEE shall be an acknowledgement on the part of the LESSEE that the whole of the said keys, locks, glass, windows, sewerage installation including sewerage pans and pipes, electrical installations and fittings, water-taps, gas installation, cookers or stoves are in a good state of repair and condition, and the LESSEE hereby promises and undertakes to care for and maintain the whole of the same during the existence of this Lease, and at the termination of this Lease to return and deliver the same to the LESSOR in like good order and condition and to make good and repair, at the LESSEE's own cost and charge, any damage or breakages, or in the alternative to reimburse the LESSOR, upon demand, for the cost of replacing, repairing or making good any broken, damaged or missing articles.
11.3 The LESSEE hereby undertakes to keep and maintain the sewerage pipes; water pipes and drains free from obstruction and blockages. The LESSEE specially undertakes to repair at his own cost the electric or gas stove and/or refrigerator should any repair be necessitated no matter from what cause such repairs are necessitated.
11.4 The LESSEE shall supply all electrical bulbs and replace heater elements, geyser elements and thermostats at his own expense.
12. WITHHOLDING PAYMENT OF RENT
The LESSOR does not hold himself responsible for any damage caused by leakage, rain, hail, snow or fire or any cause of whatsoever nature, nor shall the LESSOR or his duly authorised Agent be responsible for any loss or damage which the LESSEE may sustain by reason of any act or omission whatsoever or negligence on the part of the LESSOR, or his Agent, or employee, or any of his servants or by reason of the Leased Premises or the building or complex in which they are situated at any time falling into a defective state of repair or by reason of any repairs to be effected by the LESSOR not being effected timeously or at all, and the LESSEE shall not be entitled for any of the reasons aforementioned or for any reason whatsoever to withhold any amount payable by him under this Lease or to claim any refund in respect of moneys paid.
13. LESSOR NOT RESPONSIBLE FOR LOSS OR DAMAGE
13.1 The LESSOR and/or the servants, or employees of the LESSOR’S duly appointed Agent or LESSOR shall not be liable to the LESSEE for any injury, death or loss or damage (What about death)of any nature whatsoever which the LESSEE and/or any member of the LESSEE's family, or any employees or servant or any relative, friend, acquaintance, visitor, invitee or guest of the LESSEE may sustain, physically or to his or their property, directly or indirectly in or about the Leased Premises or in or about the garage or storerooms or servant's rooms, or in or about any part of the building or complex in which the Leased Premises are situated, by reason of any defect in the Leased Premises, or the lifts or any appliances whatsoever in the building in which the Leased Premises are situated, or for any act done or any neglect on the part of the LESSOR or any of the LESSOR's duly appointed employees, servants or Agent, or any other reason whatsoever.
13.2 The LESSOR'S or the LESSOR’S Agent's representatives and servants accept no responsibility or liability of whatsoever nature in respect of the receipt or the non-receipt and delivery or non-delivery of goods, postal matter or other correspondence.
13.3 The nature of the service given in the building/complex by the staff of the LESSOR, or the LESSOR’S Agent, or the Superintendent, shall be at the discretion of the LESSOR or the LESSOR’S Agent, Body Corporate and/or Superintendent and/or Homeowners Association.
14. CERTIFICATE OF INDEBTEDNESS/ REVENUE STAMPS AND LEASE COSTS
14.1 LESSEE’S indebtedness to the LESSOR shall be determined and proven by a certificate signed by or on behalf of the LESSOR. It shall not be necessary to prove the appointment or authority of the person signing such certificate which shall be binding on the LESSEE and shall be prima facie proof of the fact of such indebtedness, that same is due and payable, the applicable rate of interest and the veracity of any other fact set out therein, at the date of signature of such certificate, which certificate shall constitute a liquid document for the purposes of provisional sentence or summary judgment.
14.2 The LESSEE hereby agrees to pay the cost of preparation of this Lease and the cost of stamping same according to Law.
15. RIGHT OF ENTRY
The LESSOR, his duly authorised caretakers, workmen or agents, and in the case of 'Body Corporate' or 'shareblock' buildings then the Trustees, shall be at liberty at all reasonable times, to enter the Leased Premises to effect necessary repairs or alterations without hindrance or interference on the part of the LESSEE, and the LESSEE shall not be entitled to claim any remission of rent in respect of the aforegoing. The LESSEE shall be bound by the rules of the Body Corporate and Homeowners Association (if applicable).
16. INTERRUPTION OF SERVICES
The LESSOR shall not be responsible for any interruption in the lift or any other services or the supply of water, gas or electricity, however caused, or for any delay, inconvenience or damage resulting therefrom.
17. FAILURE OF LESSEE TO TAKE OCCUPATION
Should the LESSEE fail to take occupation of the Leased Premises within a period of three (3) days after the commencement of this Lease, then in such event the LESSOR shall have the right and option of immediately cancelling this Lease without notice and thereupon the Lease shall terminate and be of no force and effect. Should this Lease be cancelled for the reason aforementioned, then in such event, the LESSOR shall have the right to re-let the Leased Premises, and the LESSEE shall have no rights or claims of whatsoever nature against the LESSOR by reason of the cancellation of this Lease, notwithstanding anything herein or elsewhere contained to the contrary. The LESSEE shall, however, be liable to compensate the LESSOR for any loss or damage sustained by him consequent upon such cancellation. The lessor retains the right to the retain the lease application fee.
18. DOMICILIUM
Any notice to be given to the LESSEE shall be considered sufficient and deemed delivered by the LESSOR or the LESSOR’S authorised agent at one of the following web pages thecrownstudent.co.za The Leased Premises
Which the LESSEE hereby chooses as his domicilium citandi et executandi or for the purpose of notification, citation and execution
19. DISORDERLY CONDUCT
The LESSEE, during the period of his occupation of the Leased Premises, shall not do or suffer or cause to be done, anything that may in the opinion of the LESSOR be considered a nuisance to the LESSOR and/or other tenants or occupants of the building or complex in which the Leased Premises are situated, and in such event, the LESSOR shall be entitled and have the right and option of cancelling this Lease forthwith without notice.
20. TO LET AND FOR SALE NOTICES
The LESSOR shall have the right to affix and exhibit on the Leased Premises 'To Let' and/or 'For Sale notices, and the LESSEE shall permit prospective tenants or buyers to view the whole of the Leased Premises at all reasonable times. Should the LESSEE breach the provisions of this Clause, it shall without prejudice to any of the LESSOR'S other rights, be liable to the LESSOR for liquidated damages equal to the rental payable by it at the time of the breach.
21. LESSEE'S RESPONSIBILITY FOR ACTS OF VISITORS
21.1 The LESSOR and/or the LESSOR’S Agent shall not be liable or responsible for anything which the LESSEE and/or member of the LESSEE's family or any employee or servant or any relative, friend, acquaintance, visitor, invitee or guest of the LESSEE, may have deposited or left in the Leased Premises or in any part of the building or complex.
21.2 All goods brought by the LESSEE onto the Leased Premises shall be placed there at the LESSEE’S sole risk and no responsibility whatsoever is undertaken by the LESSOR or the LESSOR’S Agent or their duly authorised representatives.
21.3 The LESSEE shall be responsible directly to the LESSOR for any breach of any of the provisions of this Lease by the LESSEE and/or any member of the LESSEE's family or any employee or servant, friend, acquaintance, visitor, invitee or guest of the LESSEE.
22. LESSOR NOT RESPONSIBLE IF POSSESSION CANNOT BE GIVEN
The LESSOR will make every endeavour to ensure that the LESSEE obtains occupation and possession of the Leased Premises at the date herein stipulated, but should the LESSOR be unable to give occupation at that date because of the present tenant failing to vacate or for any reason whatsoever, then the LESSEE nevertheless undertakes to accept occupation of the said Leased Premises from such later date when same will become available. The LESSOR and/or the LESSOR’S Agent shall not be liable to the LESSEE for any damages or loss sustained by reason of his failure to give occupation and possession to the LESSEE on the date herein stipulated. Should the LESSOR be unable to give occupation of the Leased Premises in terms of this Lease, at the LESSOR’s sole discretion and without attracting any liability therefor, the LESSOR may require the LESSEE to take occupation of other premises of a similar nature to the Leased Premises and the validity of this Lease shall be unaffected thereby.
23. MAGISTRATE COURT JURISDICTION/ARBITRATION/LEGAL COSTS
23.1 The LESSEE hereby consents to the jurisdiction of the Magistrate Court having jurisdiction over the person of the LESSEE for the purpose of any action whatsoever which the LESSOR may institute against the LESSEE under this Lease notwithstanding that such claim may exceed the monetary jurisdiction of the Magistrate’s Court.
23.2 In the event of the LESSOR, in its sole discretion being of the view that the dispute between the LESSOR and LESSEE would be capable of resolution by way of arbitration, then at the sole discretion of the LESSOR, such dispute may be referred to arbitration (Of the Lessors choice) in accordance with the Rules of the Arbitration Foundation of South Africa and an arbitrator or arbitrators to the satisfaction of the LESSOR be appointed by the Foundation and the LESSOR and LESSEE agree to accept the decision made by the arbitrator or arbitrators so appointed by the Foundation and the decision shall be final and binding.
23.3 The LESSEE acknowledges that in the event of the LESSOR being obliged to institute any legal proceedings against the LESSEE for any reason whatsoever, the LESSEE shall bear and pay all the LESSOR's legal costs including all Attorney and Client charges and collection commission.
24. FIRE INSURANCE/ TITLE DEEDS
The LESSEE shall not have the right to allow to be conducted on his behalf at the Leased Premises or in the vicinity thereof auction or any other sales of any nature whatsoever, nor shall he do or permit to be done any act or thing which may in any way endanger or damage the building/complex or any part thereof, or prejudice or vitiate the fire insurance policy or policies, or increase the rate of premiums thereof. This Lease is granted subject to the terms, conditions and restrictions contained in the Title Deeds of the Township in which the Leased Premises are situated. Fire-fighting equipment may not be used except for the purpose for which they are on the property.
25. ACCEPTANCE OF OCCUPATION
The LESSEE hereby acknowledges that he has inspected and approved of the Leased Premises referred to. The LESSEE hereby undertakes that he accepts occupation of the Leased Premises in its present condition and undertakes further that he will not during the currency of this Lease call upon the LESSOR to affect any repairs of any nature whatsoever nor to renew any of the electrical equipment contained therein or the blinds, if any, on the outside balcony.
26. LESSOR’S SIGNATURE
It is a further special condition that this Lease shall only have effect and become binding upon the LESSOR, if and when the same shall have been executed by the LESSOR, failing which the LESSEE shall not have the right to claim the existence of a Lease from the LESSOR whether verbal or otherwise by reason of negotiations having been conducted or concluded in regard thereto or by reason of this Lease having been drafted or executed by the LESSEE only.
27. NATURE OF SERVICE
The provision of any services, which may be provided by the LESSOR, including the nature and extent thereof, in respect of the Leased Premises, shall be at the sole discretion of the LESSOR. The said services may be withdrawn wholly or partially at any time, at the discretion of the LESSOR without affecting the rental payable in terms hereof.
28. FIRE
In the event of fire occurring on the Leased Premises so as to render the same uninhabitable, the LESSOR shall have the right to terminate this Lease and shall refund to the LESSEE rent paid in advance unless the LESSEE is indebted to the LESSOR for any reason. The LESSEE shall not have any claim upon the LESSOR for damages in consequence of any such deprivation of occupation, for death or bodily injury, for damage to any of his goods by fire or caused in the process of quelling such fire.
29. WAIVER
Any relaxation or indulgence of whatever nature which the LESSOR may allow or show to the LESSEE shall not in any way prejudice the LESSOR’S rights under this Lease and more particularly no act of the LESSOR in accepting rent after due date or in accepting a lesser sum than the amount of rent due shall be considered as a waiver by the LESSOR of its rights under this Lease.
30. CANCELLATION OF LEASE
In the event of the LESSOR cancelling this Lease and in the event of the LESSEE disputing the right to cancel and remaining in occupation of the Leased Premises the LESSEE shall, pending settlement of any dispute either by negotiation or litigation, continue to pay an amount equivalent to the monthly rental provided in this Lease monthly in advance on the first day of each and every month and the LESSOR shall be entitled to accept and recover such payments and the acceptance thereof shall be without prejudice to and shall not in any way affect the LESSOR'S claim to cancellation then in dispute. Should the dispute be resolved in favour of the LESSOR, the payments made and received in terms of this Lease shall be deemed to be amounts paid by the LESSEE on account of damages suffered by the LESSOR by reason of the cancellation of this Lease and/or the unlawful holding over by the LESSEE.
31. ENTIRE CONTRACT
It is hereby further specially agreed upon that this Lease contains all the terms and conditions of this Lease entered into between the LESSEE and the LESSOR, and the LESSEE acknowledges and agrees that any representations, warranties, undertakings or promises whatsoever which may have been made by the LESSOR or any of the LESSOR's agents or servants other than those contained herein shall not be binding or enforceable against the LESSOR. No agreement to vary or amend or terminate the terms and conditions of this Lease shall be binding on the parties unless recorded in writing and signed by the LESSOR or its duly authorised Agent and by the LESSEE.
32. VOETSTOOTS
It is hereby recorded that should the LESSEE and/or occupier having been in occupation of the said Leased Premises prior to signing of this Lease, the LESSEE accepts the Leased Premises 'voetstoots' and that the LESSOR shall not be obliged to make any alterations or repairs to the Leased Premises. The LESSEE and/or occupier, however, shall be obliged to restore the Leased Premises to the condition in which he first received the Leased Premises should he be requested to do so by the LESSOR.
33. INCREASE IN LEVIES
Should the Leased Premises be a section in a sectional title or a shareblock development or cluster development and should the Body Corporate or Homeowner’s Association levies be increased during the period of this Lease, then the LESSEE shall be responsible and shall pay such increase with effect from date of such increase.
34. INCREASE IN MUNICIPAL CHARGES AND SERVICE CONTRACTS
Should any rates, taxes or other imposts payable to the local or other authority in respect of the building, complex or the property on which it is situate, including but not limited to charges for services thereto and which are not payable by the LESSEE in terms of this Lease, be increased at any time after signature hereof, the LESSEE shall from time to time, with effect from the date of such increase, pay as and by way of an additional rental a proportionate share of such increase, which proportionate share shall be an amount bearing the same ratio to the increase as the floor area occupied by the LESSEE bears to the total lettable floor area of the building.
35. WATER AND ELECTRICITY METERS
The LESSOR may provide prepaid electricity and/or water meters in each unit for the convenience of the LESSEE. Should the Leased Premises not have a separate electrical meter or separate water meter, and/or if there is common area electricity and/or water usage on the property, then the LESSOR shall be entitled to recover such utilities fees and charges from the LESSEE, on demand, an amount bearing the same ratio to the aggregate amounts payable in respect of such fees and charges as the gross lettable area of the leased premises bears to the total gross lettable area of the entire property.
36. ISMART WALLET
36.1. Where applicable, and as directed by the LESSOR, the LESSEE shall affect payment to the LESSOR of amounts due in terms of this lease, as dealt with below, by way of iSmart wallet payments
36.2. The LESSEE shall purchase iSmart wallet credits and the LESSOR shall be entitled, but not obliged, to deduct all amounts due by the LESSEE to the LESSOR in terms of this lease from the LESSEE’s iSmart wallet account, in respect of any and all charges due in respect of electricity, gas, water, common area and all related and/or ancillary charges, and including outstanding rentals due in terms hereof.
37. RENTAL ESCALATIONS
It is hereby agreed and understood by both parties that, at end of the first year of the tenancy, the LESSEE shall be liable for a rental increase of 10%. This clause will apply for every subsequent year stayed in the property
38. GAS CYLINDER
In the event that a 9-kilogram gas cylinder is supplied with the Leased Premises, refills of the gas bottle are for the account of the LESSEE. Failure to return the bottle at the end of the lease period will, at the LESSOR’S discretion result in the deduction of R500.00 alternatively the market price of such cylinder from the deposit.
39. SIGNATURE
Should two or more persons sign this Lease as Lessees, the said persons shall be jointly and severally liable in solidum for the due performance of the Lessees’ obligations in terms of this Lease
40. CONSUMER PROTECTION ACT NOTICE
In complying with the Consumer Protection Act 68 OF 2008 (“CPA”), together with the Regulations thereto, certain portions of this agreement have been printed in bold and/or italics. The Reason for this is to specifically draw the TENANT’S attention to these clauses as they either:
- Limit in some way the risk or liability by the LESSOR or any other person
- Constitute an assumption of risk or liability by the LESSEE
- Impose an obligation on the LESSEE to indemnify the LESSOR or any other person for some cause; or
- Are an acknowledgement of a fact by the LESSEE
This lease agreement is subject to the CPA in the event that:
- It is for a fixed term; and
- The LESSOR and the TENANT are both natural persons;
- The LESSOR is leasing the premises in the ordinary course of the LESSOR’S business; and
- The LESSEE is a juristic person (a company, close corporation, trust, or partnership) with annual turnover or asset value of less than R2 000 000-00.
In the event that this lease agreement is found not to fall within the ambit of the CPA, or if residential lease agreements are exempted from the operation of the CPA at any time, the LESSEE’S right to cool off and clause 29 do not apply. The LESSEE is required to ensure that before signing this agreement that he has had an adequate opportunity to understand these terms.
41. LESSEE RIGHT TO COOL OFF AFTER DIRECT MARKETING IN TERM OF THE CONSUMER PROTECTION ACT
41.1 The LESSEE’s attention is drawn to the provision of clause 16 of the CPA in terms which the LESSEE may rescind this transaction without any reason or penalty by notice to the LESSOR in writing or another recorded manner within 5 (five) business days after this contract was concluded if this agreement resulted from any direct marking. This remedy is in addition to and not in substitution for any right to rescind this agreement, which may otherwise exist in law between the LESSOR and the LESSEE;
41.2 The LESSEE warrants that this lease agreement has not resulted from direct marketing and the LESSOR enters into this transaction relying entirely upon such a warranty.
42. SEVERABILITY
Should any provision in this Lease be invalid or unenforceable in terms of the CPA or the National Credit Act 2005, then such provision shall be deemed pro non scripto and the Lease shall remain of full force and effect.
43. ADDITIONAL LESSEES
Should more than one individual be grossly and jointly liable for monthly rentals then all lessees are required to sign the lease document.
