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Property Type: Bed and Breakfast, Holiday Homes, Self Catering, Villas
AGREEMENT OF LEASE
Made and entered into by and between
CONSUMER PROTECTION ACT NOTICE
In complying with the Consumer Protection Act, certain portions of the agreement have been printed in bold italics. The reason for this is to specifically draw the TENANT attention to these clauses as they either:
The TENANT is required to ensure that before signing this agreement he has had an adequate opportunity to understand these terms. If the TENANT does not understand these terms or if the TENANT does not appreciate their effect, the TENANT is required to ask for an explanation and must not sign the agreement until the terms have been explained to the TENANT satisfaction.
WHEREAS the Landlord wishes to lease the property to the TENANT who wishes to hire the property from the Landlord.
WHEREAS the tenant is already in possession of the property pursuant to the terms of a month to month lease agreement
AND WHEREAS the lease is now subject to the Consumer Protection Act in that:
• It is for a fixed term; and
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. DIRECT MARKETING & COOLING OFF
1.1 In terms of section 16 of the Consumer Protection Act, if this lease resulted from direct marketing the TENANT has the right to cancel this agreement without reason or penalty, by written notice, within 5 business days after the agreement was concluded or after the premises are delivered.
1.2 The Landlord is unable to accept the risk of cancellation of this agreement without reason within 5 business days of conclusion and certainly not after the TENANT has already moved into the premises as the Landlord may then not be able to find a replacement tenant in the remaining time available.
1.3 The Landlord is therefore not prepared to enter into this agreement with any TENANT if the transaction has resulted from direct marketing.
1.4 The TENANT therefore warrants that this lease agreement has not resulted from direct marketing and the Landlord enters into this transaction relying entirely upon such warranty.
1.5 If the TENANT is successful in cancelling this lease agreement by relying upon the right of cancellation flowing from the direct marketing provisions of the Consumer Protection Act, the TENANT shall be liable for the damages suffered by the Landlord as a result thereof on the basis of the TENANT’S breach of warranty.
After having had sufficient time to consider the matter I hereby confirm I have understood this provision and agree to furnish the required warranty.
2.1 The Landlord hereby lets to the TENANT, who hereby hires, from the Landlord certain property more full described as Section ______________ and Exclusive Use Area _______________as shown and more fully described on Sectional Plan No. ______________________ in the scheme known as MANOR GARDENS in respect of the land and building or buildings situate at CAPE TOWN in the City of Cape Town of which section the floor area, according to the said Sectional Plan is ___________________ square metres and _________________square metres respectively in extent, more commonly known as
2.2 The property is let for residential purposes.
3. PERIOD OF LEASE
3.1 The lease shall commence on and shall terminate on .
3.2 The TENANT is informed that an agreement of lease for a fixed term, which is subject to the Consumer Protection Act, cannot exceed for longer than 24 months from date of signature by the TENANT.
OPTION TO RENEW
3.3 In the event that the TENANT has complied strictly with all her obligations in terms of this agreement she shall have the option to renew this Lease for a further period of twenty four (24) months (hereinafter referred to as “the option period”). Such option is to be exercised in writing by the TENANT no later than three (3) months prior to the date of termination of the initial period of the Lease failing which it shall lapse.
3.4 The renewal of the Lease in terms of the option shall be on the same terms and conditions set out in this Lease save for the rental and the deposit.
3.5 Upon the inception of the option period the TENANT shall increase the deposit pro-rata the increase in the rental amount.
3.6 There shall be only one option available to the TENANT.
3.7 In the event that through inadvertence, on the expiration of the lease, no further written lease in concluded but the TENANT nevertheless remains in occupation of the premises with the consent of the Landlord and continues to pay rent, a tacit agreement of lease shall be deemed to have been concluded on the same conditions as contained herein save that the rental shall continue to escalate at a rate of 10% per annum as provided for in this agreement. Such tacit lease shall be terminable by either party on one month’s written notice.
3.8 By virtue of the fact that this lease is a fixed term agreement governed by the Consumer Protection Act, the TENANT is entitled to cancel this lease agreement on 20 business days’ notice. In the event of the TENANT exercising this right, the TENANT will become liable to the Landlord for a reasonable cancellation penalty.
3.9 The parties hereby agree that the reasonable cancellation penalty shall include, but under no circumstances be limited, to the following:
220.127.116.11 An amount of three months rental;
18.104.22.168 An amount of R 1 500.00 being the agreed pre-estimate costs to be incurred by the Landlord in procuring a replacement TENANT.
3.10 The Landlord shall be obliged to take all reasonable steps to find a replacement tenant to take over the property. In the event that the Landlord does find another tenant to take over the property within 3 months after the cancellation in terms of this paragraph, the Landlord shall refund to the TENANT a proportionate amount of the penalty of three months’ rental.
After having had sufficient time to consider the matter I hereby confirm I have understood my rights and also the consequences of the exercise thereof.
3.11 During the period no earlier than 80 business days and no later than 40 business days before the termination date of the fixed period of the lease, or the option period, the Landlord shall send the TENANT written notice reminding the TENANT of this termination date.
3.12 This notice shall also advise the TENANT if the terms of the lease will change in any way the lease is renewed. These changes may relate to the rental, the new fixed term, of any other aspect of the lease.
3.13 In addition the Landlord must advise the TENANT that the TENANT must, within 10 days or receipt of the notice in writing, either accept the terms proposed by the Landlord or reject the proposed terms and direct that the lease must finally terminate at the end of the lease period, failing which the lease will not terminate at the end of the lease period but will continue on all the terms proposed by the Landlord save that any period of renewal of the lease which the Landlord might have proposed will not apply and the Lease will from then continue on a month-to-month basis and be capable of termination by either party on one clear months’ notice in writing to one another which notice may be given at any time.
4. RENTAL & RECEIPTS FOR PAYMENT
4.1 The rental under the lease shall be the sum of AMOUNT, plus VAT (AMOUNT IN WORDS) per month, payable in advance strictly before or on the first (01st) day of each and every month directly to Landlord, or into such bank account as the Landlord may from time to time direct in writing - DETAILS
4.2 The rental shall escalate annually on each anniversary of the lease by an amount to be negotiated between the parties.
4.3 The first month’s rental shall become due and payable immediately upon signature of the lease.
4.4 The TENANT shall not under any circumstances be entitled in the final month of the tenancy to withhold payment of the rent or any portion thereof and to set off such payment against any deposit which the TENANT may have paid in terms of this lease.
4.5 Should the TENANT attempt to set off the deposit against any rental payments due, including the final months rental, this shall be deemed to be indicative of the TENANT’S intention to vacate the premises along with their goods to avoid payment of rent and the Landlord shall then be entitled to take steps to have the TENANT’S goods attached and removed from the premises as security for such rental payment.
4.6 The Landlord shall prepare a written receipt for all payments made which shall set out the physical address of the premises, the date of payment, in respect of what debt the payment is made and for what period. Unless the TENANT request a copy of the receipt the Landlord shall retain it.
4.7 The rental for the option period (if any) shall be as agreed between the parties. Should the parties be unable to agree the rental amount, then the rental shall be a market related rental, as determined by an independent commercial letting agent with no less than 3 years’ experience in leasing properties in the suburb in which the premises are situated, appointed by the chairman of the Institute of Estate Agents of South Africa. This estate agent shall act as an expert and not as an arbiter and their decision shall be final. Notwithstanding the decision of the estate agent, the minimum escalation in rental shall be not less than 10%.
4.8 The rental for the option rental is to be determined no later than one month before the initial period of the lease ends.
4.9 Should the TENANT be dissatisfied with the rental as determined by the estate agent, the TENANT shall be entitled to withdraw the exercise of the option within 3 days of the rental determination and the lease shall then end on the termination date as originally agreed.
4.10 The LANDLORD retains an amount of AMOUNT (AMOUNT IN WORDS) as a deposit. The TENANT shall not be entitled to take occupation of the premises prior to payment of the deposit. The deposit shall serve as security to the Landlord for the TENANT’ financial obligations in terms of this lease.
4.11 The deposit shall remain invested in an interest-bearing account with a financial institution accruing interest for the TENANT at no less than the rate applicable to a savings account with a financial institution.
4.12 At the expiration of the lease the Landlord and TENANT shall arrange a joint inspection (the outgoing inspection)of the premises at a mutually convenient time to take place on the afternoon of the last day of the lease period with a view to ascertaining if there was any damage caused to the dwelling during the period of the TENANT’ occupation for which the TENANT is responsible in terms of this lease. The TENANT is reminded he is obliged to have removed all of his belongings from the premises prior to noon on the last day of the lease to enable the premises to be inspected while they are empty.
4.13 Should the TENANT fail to respond to the Landlord’s request for the outgoing inspection, the Landlord must, on expiration of the lease, inspect the dwelling within seven days in order to assess any damage or loss which occurred during the tenancy.
4.14 Failure by the Landlord or his agent to carry out the outgoing inspection shall be deemed to be an acknowledgement by the Landlord that the premises are in a good and proper state of repair, and the Landlord will have no further claim against the TENANT who must then be refunded the full deposit plus interest by the Landlord.
4.15 On the termination of the lease, the Landlord may apply such deposit and interest towards the payment of all amounts for which the TENANT is liable under the said lease, including the reasonable cost of repairing damage to the premises which has occurred during the lease period and the cost of replacing lost keys or other items and the balance of the deposit and interest, if any, shall then be refunded to the TENANT by the Landlord.
4.16 The relevant receipt which indicate the cost which the Landlord incurred in carrying out such repairs or replacement, as contemplated above must be available to the TENANT for inspection as proof of such costs incurred by the Landlord.
4.17 Should no amounts be due and owing to the Landlord in terms of the lease, the deposit, together with the accrued interest, must be refunded by the Landlord to the TENANT, without any deduction or set-off.
4.18 The Landlord shall be entitled in his sole discretion to apply a portion of the deposit towards the costs of having the carpets in the premises professionally steam cleaned on the termination of the lease.
4.19 The Landlord shall be entitled to apply the deposit towards settlement of any amounts due by the TENANT in the following order of preference:
4.19.1 First, to settle the costs of any employees or contractors required to carry out work at the premises along with the cost of associated materials and equipment;
4.19.2 Second, to cover the costs of any items that required replacement in the premises;
4.19.3 Third, to cover the costs of outstanding water and electricity and municipal services;
4.19.4 Fourth, to cover interest on outstanding amounts; and
4.19.5 Finally, to cover arrear rental (if any).
After having had sufficient time to consider the matter I hereby confirm I have understood these terms and more particularly given careful consideration to our financial ability to pay the rental and the escalations on the rental (if applicable) during the whole period of the lease.
GENERAL CONDITION OF THE PREMISES
5.7 The TENANT acknowledges and warrants that the premises, along with its fixtures and fittings:
5.7.1 Has been viewed prior to the signing of the lease and agrees and understands that the premises are fit for the intended purpose and the Landlord shall not be obliged to carry out any improvements or refurbishment except as may have been agreed by the parties in writing;
5.7.2 Is free of any material imperfection in the building or manufacture that renders the premises less acceptable than persons generally would be reasonably entitled to expect in the circumstances;
5.7.3 Is free of any characteristic that renders the premises or their components less useful, practicable or safe than persons generally would be reasonably entitled to expect in the circumstances;
5.8 The TENANT acknowledges that the Landlord shall be relying on this acknowledgement and warranty and that, should the TENANT not be satisfied with the quality of the premises she should not enter into this agreement.
SPECIFIC CONDITION OF THE PREMISES
5.9 The TENANT and the Landlord have jointly, before the TENANT moved in, inspected the premises to ascertain the existence of any non-material imperfections or damage in the premises with a view to recording such non-material imperfections or damage. Unless specifically set out such a list shall place no obligation on the Landlord to rectify any such non-material imperfections or damage. A copy of this list shall be initialled by both parties and annexed hereto.
MAINTENANCE OF PREMISES
5.10 The TENANT shall be obliged at all times to maintain the premises, their contents, their fixtures, fittings and appurtenances in the same condition as they were in at the inception of the lease agreement and return same to the Landlord in this condition at the termination of the lease, fair wear and tear only accepted.
5.11 The Landlord shall be responsible for maintaining the external walls, roof and other structural parts of the premises in good order and repair but excluding (a) the toilets in the premises and any plumbing issues related thereto (b) the plate glass shop frontage and (c) all locks and keys.
5.12 Should the condition of the external walls, roof or other structural parts of the premises result in leakage or danger to the TENANT, then it is the obligation and duty of the TENANT to advise the Landlord of this in writing.
5.13 The Landlord shall be obliged to take steps to have the defective condition rectified within a reasonable period.
5.14 The TENANT agrees to maintain the interior of the premises in good condition.
5.15 In the event of the Landlord or his agent, in his sole discretion, deciding that the TENANT is failing to maintain the premises properly such failure shall be deemed to be a material breach of this agreement.
5.16 The TENANT shall be liable for any damage to the premises, or any part thereof, as a result of their actions or the actions of their patrons, employees and/or contractors and/or invitees and/or visitors, however such damage is caused.
ACCESS TO THE PREMISES
5.17 The Landlord or his agent shall be entitled to insect the premises after reasonable notice and at all reasonable times and in a reasonable manner and to make such repairs and alterations as are deemed necessary for the safety, preservation or improvement of the premises, both externally and internally.
5.18 The parties agree that reasonable notice of an inspection or an impending repair or alteration shall be a period of no less than 24 hours which notice may be given verbally or by SMS. Inspections may take place during the hours of 08h00 and 20h00. Repairs and alterations may be carried out on ordinary business days only between the hours of 08h00 and 18h00.
5.19 The aforegoing shall not limit he Landlord’s rights to take any appropriate actions in respect of the premises, including gaining access, without notice in the case of emergency.
After having had sufficient time to consider the matter I hereby confirm I have properly inspected the premises before signing this lease and further that I have understood and accepted my liabilities especially insofar as maintenance of the premises is concerned.
5.20 The premises shall be used as for residential purposes only and a maximum of NUMBER of people shall be entitled to reside it in.
5.21 The TENANT shall not cause or permit any disorderly conduct of whatsoever nature upon the premises, not permit the doing of any act, matter or thing in or about the premises which shall constitute or cause a nuisance or any inconvenience to the neighbours or other tenants or any other person or persons.
5.22 The TENANT hereby undertakes not to interfere with the present electrical installations on the premises without the consent of the Landlord first being obtained and she shall not affix or connect any electrical lamps, motors or heaters other than those designed for use for the electrical current supplied to the premises.
5.23 The TENANT shall not drive or permit to be driven any nails or screws into the walls or ceilings of the premises in such manner as may damage the walls and ceilings or any portion of the premises.
5.24 The TENANT shall not cause or permit any alterations, additions or improvements to the premises without obtaining prior approval of the Landlord in writing. Should the TENANT cause or permit any alterations, additions or improvements to the premises, structural or otherwise, with or without the consent of the Landlord, he shall in any event receive no compensation on termination of the Lease and such improvement shall become the property of the Landlord. The Landlord may, however, at any time require the TENANT to restore the premises to the condition it was at the inception of the lease in which event this shall be attended to forthwith at the expense of the TENANT.
5.25 The TENANT shall not keep any household pets of whatever nature in or on the premises. Such consent by the Landlord shall be subject to the applicable Municipal by-laws and/or Home Owners Association and/or Body Corporate rules in the case of Sectional Title units.
5.26 The TENANT shall strictly observe all government, Provincial and Municipal Laws, Bylaws and Regulations applicable to the premises and the Conditions of Title of the premises and the rules of the Body Corporate. A copy of the body corporate relating to the premises are annexed hereto and initialled by the TENANT. Should these rules change the TENANT undertake to be bound by such amended rules.
6.1 The TENANT shall not bring, nor permit to be brought, upon the premises any goods, furniture or effects which may by their nature increase the rate of insurance premiums or violate the fire insurance policy or which may be impregnated by any termite or any other wood destroying insect of any kind. Should the TENANT contravene this clause this will amount to a material breach of the lease and the TENANT will be liable for any expense incurred or damages suffered by the Landlord.
6.2 The Landlord shall insure and keep insured to the full value thereof the premises against risk of damage by fire.
6.3 The TENANT shall be responsible, if he wishes, for effecting in his own name a Householders Comprehensive or other policy, or policies, to cover the personal effects, furniture, plate glass shop frontage and appliances upon the premises and shall pay the premiums in respect thereof.
6.4 The Landlord, his agent and/ or employees, shall not be responsible for any loss, damage or personal injury suffered by the TENANT, her patrons or family or invitees or employees on the premises, irrespective of whether such loss, injury or damage is caused by fire, storm, riot, civil commotion, theft, robbery, accident or any other cause whatsoever, and the TENANT hereby indemnifies the Landlord and his agent and holds the Landlord and his agent harmless in respect of any such claim. This clause shall however not excuse the Landlord or his agent from liability for damages if such damage has been caused as a result of gross negligence or wilful default.
7 BREACH OF THE TERMS OF THIS LEASE AND FORMALITIES RELATING THERETO
NOTICE OF BREACH
7.1 If any party (“the defaulting party”) commits a breach of this agreement and persists with such breach for more than 7 (SEVEN) days after being called upon in writing to rectify same, then the innocent party shall be entitled (but not obliged) without prejudice to any other rights or remedies which it may have in law, including the right to claim damages, to:
7.1.1 Enforce the agreement, and/or
7.1.2 20 (TWENTY) business days after being called upon in writing to rectify same, the innocent party shall be entitled (but not obliged) without prejudice to any other rights or remedies which it may have in law, including the right to claim damages, to cancel this agreement notwithstanding any steps already taken to enforce the agreement.
CONSEQUENCES OF CANCELLATION
7.2 Upon cancellation by the Landlord, the TENANT agrees to vacate the premises immediately and the Landlord shall be entitled to obtain repossession of the premises and for that purpose to take whatsoever action as may be necessary for the ejectment of the TENANT and/or any other occupant of the premises.
7.3 Should the defaulting party be the TENANT and should the TENANT dispute the Landlord’s right to cancel and remain in occupation of the premises after date of cancellation, the TENANT shall continue to pay the rental, the municipal charges and any other amounts due in terms of the lease agreement as if the lease had not been cancelled. The Landlord shall be entitled to claim and accept payment of such amounts without prejudice to the Landlord’s claim for cancellation. Should the matter be resolved in favour of the Landlord the Landlord shall be entitled to retain such amounts as a part of the damages suffered as a result of the TENANT’ holding over.
7.4 In the event of the lease being cancelled flowing from the TENANT’ failure to pay any amounts due in terms of the lease agreement, such failure shall be deemed to be an instruction by the TENANT to the Landlord to disconnect the supply of water and electricity to the premises, notwithstanding the fact that the TENANT remains in occupation of the premises.
After having had sufficient time to consider the matter I hereby confirm I have understood the above provisions and more particularly understood and accepted the contents of sub-paragraph above.
7.5 In terms of the South African common law the Landlord has the right to use the furniture and other goods, which are brought onto the premises for the use of the TENANT, as security for rental payments due by the TENANT. This means that the Landlord can have these goods sold by the sheriff of the Court to recover his rental if the TENANT does not pay.
7.6 The parties agree that the Landlord’s hypothec over goods brought onto the premises shall extend to secure all claims that the Landlord might have against TENANT flowing from this agreement or the breach thereof, in addition to the claim for rental.
7.7 In the event that, after the TENANT has vacated the premises following a breach, moveable goods subject to the Landlord’s hypothec remain on the premises, the Landlord shall be entitled to remove such goods from the premises and place same in storage to enable the Landlord to give vacant occupation to another TENANT. Notwithstanding the removal of such goods from the premises, these goods shall remain subject to the Landlord’s tacit hypothec.
8 INTEREST ON OVERDUE PAYMENTS
8.1 Without prejudice to any rights which the Landlord may have in terms of this lease should the TENANT fail to pay any amount of whatever nature due by the TENANT in terms of this Lease on the due date thereof, then the TENANT shall pay interest on such amount at the rate of 3% (three percent) per month from the date that such amount became payable up to and including the date of payment thereof, and such interest shall be paid together with the amount in respect of which such interest has accrued.
9 ADDRESS FOR SERVICE OF NOTICES
9.1 The parties hereby choose the following addresses as the address at which they will accept all notices including legal notices and summonses:
TENANT: The Premises
9.2 Any notice to any party shall be addressed to it at its chosen address and sent by prepaid registered post or delivered by hand or sent email to the address recorded.
9.3 In case of any notice sent by prepaid registered post, it shall be deemed to have been received, on the 04th (fourth) business day after posting
9.4 If the document is sent in any other way it must be received by the addressee to be effective notice. This paragraph shall not affect the provisions of any other law which deals with the service of documents issued by any court.
9.5 The appointment of these chosen addresses and the terms of this paragraph shall also be applicable to the parties in the event of the Estate Agent wishing to serve notices or legal documents on either the Landlord or the Tenant.
10 LEGAL COSTS
10.1 In the event of any party incurring any legal expenses as a result of any breach of this lease by any other party to this agreement, such innocent party shall be entitled to claim such legal costs from the party in default on the scale as between Attorney and Own Client including collection commission and tracing fees whether or not legal proceedings are formally commenced and regardless of the forum in which such proceedings are commenced.
11.1 The parties herby consent to the jurisdiction of the Magistrate’s Court in respect of any legal proceedings arising out of this Lease notwithstanding that the amount in dispute might otherwise exceed such jurisdiction.
11.2 Any party shall be entitled to institute any action against the other arising out of this agreement in any other forum, or court having jurisdiction, and such party shall not be prejudiced in any costs order as a result of their choice of forum.
12 JOINT AND SEVERABLE LIABILITY
12.1 If there is more than one Landlord or more than one tenant in terms of this agreement, they shall each be fully liable for all of the obligations of the Landlord/Tenant and these obligations shall not be able to be divided between these Landlords/TENANT. In legal terms therefore the liability of each of the Landlords/TENANT shall be joint and several.
13 LANDLORD’S RIGHTS TO SUE
13.1 In the event that the Landlord has mortgaged the premises and in the event that in terms of the mortgage bond or mortgage loan agreement the Landlord has ceded to the bondholder its rights in terms of this lease agreement, the parties agree as follows:
13.1.1 The TENANT acknowledges and confirms the Landlord’s legal entitlement to institute proceedings in respect of any such claim, despite the cession;
13.1.2 The TENANT hereby waives and abandons any right to rely on such cession as a defence to any claim of the Landlord to enforce any rights in terms of this lease agreement including the right to obtain an eviction order.
13.1.3 If the bondholder claims the rental from the TENANT, and if the TENANT have already paid the rental to the Landlord, the Landlord hereby indemnifies the TENANT and holds the TENANT harmless in respect of the bondholder’s claim.
After having had sufficient time to consider the matter hereby confirm I have understood these important legal terms and that they relate to the enforcement of the rights and obligations of the parties to this agreement.
14.1 The Landlord shall have the right of affixing and exhibiting on the premise “To Let” notices for a period of 3 (three) months prior to the termination of the Lease, or at any time, if the Lease continues upon a monthly basis.
14.3 The TENANT hereby undertakes to permit prospective TENANT or purchasers to view the premises and the interior thereof at all reasonable times in accordance with the provisions of the paragraph headed “ACCESS” above and shall not hinder or interfere with the Landlord or their agent in the conduct of discussions or negotiations with prospective TENANT or purchasers with a view to a further lease or to a sale.
14.4 When the premises are to be shown to prospective TENANT or purchasers the TENANT undertakes to ensure that the premises are clean and tidy and presentable.
14.5 In the event of the premises being sold to another owner during the period of the lease, the lease shall continue to remain binding on upon the new Landlord, unless agreed otherwise by the parties hereto.
15 WARRANTIES BY THE PARTIES
15.1 The Landlord hereby warrants that it is legally entitled to let the premises to the TENANT.
15.2 By signing this lease agreement, each party hereby warrant and confirms that the meaning and consequences of all the provisions of this agreement were explained to them to their satisfaction and that they were given enough time to consider the terms of this agreement prior to signature.
16 NO CESSION, ASSIGNMENT OR SUB-LETTING
The TENANT shall not be entitled to transfer her rights and/or obligations in terms of this Lease, either in whole or in part, nor sublet the premises or any art thereof without the written permission of the Landlord.
After having had sufficient time to consider the matter I hereby confirm I have understood and accepted this liability.
17 WHOLE AGREEMENT, NO VARIATION OR WAIVER & SEVERABILITY
17.1 This Lease agreement represents the entire agreement between the parties and no other conditions, stipulations, warranties or representations made by either party or their Agent to the other, other than such as may be included herein, shall be binding on the parties.
17.2 The TENANT warrants that no conditions, stipulations, warranties or representations, other than those recorded in this agreement and in the space provided above, have been made to her, or agreed to, which have caused the TENANT to enter into this agreement.
After having had sufficient time to consider the matter we hereby confirm that there are no other conditions, stipulations, warranties or representations that we wish to rely on.
17.3 No variation or cancellation by agreement of this lease shall be binding on the parties unless reduced to writing and signed by either parties or their Agents.
17.4 No extension of time or indulgence which either party might grant to the other shall have any effect on the rights which either party might have in terms of the agreement. Should either party not strictly enforce their rights under the contract this will not amount to a waiver of such a right and it shall also not be regarded as creating a new or varied agreement.
17.5 If any provision of this agreement is found to be wholly or partly invalid, unenforceable or unlawful, then to the extent of its invalidity, unenforceability or unlawfulness such provision will be severable from the remainder of the agreement and the remainder of this agreement will remain in full force and effect.
18 SPECIAL CONDITIONS
18.1 The TENANT agrees and undertake to do all things necessary to manage the infestation of rodents, cockroaches and other pests in the premises and its immediate surrounds.
Signed by the Tenant on this day of 2015
1. _______________________________ _______________________________
THE TENANT ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
Signed by the Landlord on this day of 2015
1. _______________________________ _______________________________
INCOMING CHECK LIST OF NON-MATERIAL
(This Check List must be completed and after it has been initialled by the Landlord and the TENANT attached to the lease)
DATE OF INSPECTION: __________________________________
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|Check-out before||10:00 AM|
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