REGAN MOODLEY

26 Silver Road New Holmes

Pietermaritzburg
082 492 7025

LEASE OF HOUSE
1.

THE PARTIES

Lease between THE LESSOR : MR REGAN PILLAY ID NUMBER 740914 501408 6 of 26 Silver Road New Holmes
Pietermaritzburg (which address I/We hereby select as my domicilium citandi et executandi for all purposes hereunder)
And
I/We the undersigned, hereinafter referred to as the LESSEE : GRACE MUSASIZI PASSPORT NUMBER B0965324
UGANDAN UGANDA DOB 02-01-1987
2.

THE LEASED PREMISES

The LESSOR hereby lets to the Lessee the unfurnished dwelling house located at No 9 GHADA COURT, ELGIN STREET FERNDALE

3.

DURATION OF LEASE PERIOD

This Lease shall endure for a period of 12 MONTHS and shall commence on the 01st day of NOVEMBER 2013
(the commencement date) and terminate on the 31st day of OCTOBER 2014.
Whereafter this lease shall continue in full force and effect as a monthly tenancy terminable by either party giving to the other one
calendar months written notice. If either party does not want the lease to continue on a monthly basis after termination of the lease then
that party shall notify the other in writing, not later than one month prior to the expiry of this lease, that such monthly tenancy shall not be
established. The lease/rental shall be subject to an escalation of 10% (percent) per annum.

4.

THE RENTAL
The monthly rental payable by the LESSEE to the LESSOR during the currency of this lease shall be the sum of
R5500.00 (Five thousand five hundred rand) per month, exclusive of Water and prepaid electricity, payable monthly in advance
without any deduction or demand and free of exchange on the first day of each and every month, in South African currency, to the
account of MAGANDERAN MOODLEY, FIRST NATIONAL BANK, Account Number 62267493733 Branch Code 250068.

5.

DEPOSIT
5.1 On entering into this lease the LESSEE shall pay to the LESSOR a deposit of R 5500.00(Five thousand five hundred rands ), which
amount the LESSOR may, without prejudice to the LESSORs rights arising from a breach by the LESSEE of the LESSEEs obligations
in terms of this lease, apply, in whole or in part, in meeting any payment due by the LESSEE to the LESSOR at any time during the
Lease period or after the termination of this lease.
5.2 Whenever during the Lease Period the deposit is so applied in whole or in part, the LESSEE shall on demand reinstate the deposit to its
original amount.
5.3 As soon as all the obligations of the LESSEE to the LESSOR, arising out of or in terms of this lease, have been discharged following the
termination of this lease, the LESSOR shall refund to the LESSEE, free of interest, so much of the deposit as has not been applied in
terms of the provision in 5.2.

6.

PENALTIES FOR LATE AND/OR NON PAYMENT, AND ADDITIONAL CHARGES AND BREACH OF CONTRACT
6.1 Any cash deposit charges or signature difference charges or other bank charges of any nature whatsoever, levied to the LESSOR due to
the LESSEES performance shall be refunded to the LESSOR by the LESSEE upon demand. Any late payment shall attract interest at
the rate of 2.5% p.m. on a compounded basis calculated in advance on the 7 th day of each and every month payable by the LESSEE to
the LESSOR.
6.2 In the event of the LESSEE failing to comply with the terms and conditions hereof and/or failing to pay the rent or any other outstanding
amount by the 1st of the month the LESSOR shall give the LESSEE 7 (seven) days written notice to pay the outstanding amounts failing
which the LESSOR shall be entitled to cancel this agreement forthwith. In which case the LESSEE agrees to vacate the property by not
later than the end of the particular month even if the letter of notification was only dispatched 7 days before month end. The LESSEE
agrees to pay R250.00 administration fees to the LESSOR for every letter of demand forwarded to the LESSEE. The LESSEE agrees to
pay R500,00 blacklisting fee if any outstanding rent has not been paid timeously. Any written notice must be sent via registered post
and/or delivered by hand to the leased premises which address the LESSEE chooses as its domicilium et executandi. Any such notice
shall be deemed to have been received by the LESSEE within 3 (three) days of dispatch.

6.3 If the LESSEE has not paid the rent for five weeks after due date to pay as agreed and is not contactable and has not contacted
the offices the LESSOR reserves the right to remove all household contents into storage and release the property to a third party
again forthwith (this clause is to protect the LESSOR from being bound to this lease in spite that the LESSEE may have ceased
or absconded. The deposit shall be used to pay the bondholder if the LESSEE pays his rent not by the first of the month. If the
LESSEE wishes to cancel the lease before the expiry date the LESSOR will try but is not obliged to find and sign up a new
replacement tenant for a minimum administration cost of R500.00 or 10% plus VAT on the remaining months rentals whichever is
the higher amount.
6.4 The LESSEE shall be responsible for and hereby undertakes to pay to the lessor all expenses, costs and charges which the LESSOR
may incur arising out of the default of the lessee including any costs of tracing the lessee, collection commission at the ruling rate and all
legal costs as between attorney and own client and interest of 2.5% p.m. on all outstanding amounts until full payment.
6.5 Payment of the rent must preferably be done by ways of a debit order. If the LESSEE pays the rent amount by making a cash deposit
into the LESSORs account, the LESSEE must pay an additional 2% of the rent amount in order to repay the LESSORs cost for the
cash deposit as charged by the Bank. If the LESSEE failed to pay the additional 2%, the LESSOR will be entitled to add these charges
to the invoice / statement provided to the LESSEE for the following month.
7

KEYS
7.1 The Keys to the Premises will only handed to the LESSEE after the LESSEE has paid the full deposit and a full months rent into the
LESSORs account.
7.2 On termination of the lease the LESSEE must return all keys including duplicates acquired and paid for by the LESSEE to the LESSOR
address to be provided by the LESSOR not later than the last day of the lease, failing which the LESSEE may be held responsible for
the possible costs such as locksmith costs or the loss suffered by the LESSOR due to unrecoverable rent if new tenants on receiving the
keys directly from the LESSEE, fail to pay rent or a deposit to the LESSOR. The LESSEE shall also be responsible for hotel or other
occupation costs to the new tenants if access was not possible due to the fault of the LESSEE. A minimum charge of R450,00 will be
levied for every day for the keys being returned late to the LESSORs offices. Any deposit paid shall be refunded by the 15 th of the
following month after the lease has expired (to allow for water and electricity meter reading and processing all deductions). The onus lies
with the LESSEE to make an appointment for a final inspection after termination of the lease, failing which the LESSEE agrees to accept
liability to pay for any damages including repainting if the LESSOR informs the LESSEE within 14 days after the vacation date of such
damages and or undue dirtying of walls and ceiling.
7.3 Notwithstanding the provisions of clause 4 should the municipal rates and taxes, special sanitary fees and refuse removal fees or any
other charges payable in respect of the premises to the local or any other authority be increased from time to time so as to exceed the

8.

amounts payable on the commencement date, the monthly rental payable by the LESSEE shall be increased from time to time with
effect from date upon which such increases become effective by the amount thereof.
WATER, ELECTRICITY, GAS, REFUSE AND OTHER CHARGES
The LESSEE shall with effect from the commencement date, be liable for and promptly pay on due date to the authority concerned, all
applicable fees and deposits for water, electricity, gas, sanitary fees, refuse removal fees, wherever applicable and any other services
required by the LESSEE in respect of the premises. If a sub-meter has been installed in the premises the LESSEE shall pay to the
LESSOR or his agent each month, within seven days of being presented with an account, the appropriate charge for the electricity and
gas consumed as read on such sub-meter by the LESSOR or agent and calculated in accordance with the municipal by laws as
amended from time to time together with such service charge as the LESSOR may lawfully levy in respect of such meter. Should the
LESSEE fail to make payment to the LESSOR or agent as aforesaid, the LESSOR or agent shall in addition and without prejudice to all
other rights available to the LESSOR in law be entitled to terminate the supply of electricity and gas to the LESSEE and the LESSEE
shall be liable to pay R500,00 reconnection fees to the LESSOR.

9.

USE OF LEASED PROPERTY, CESSION AND SUB-LETTING

9.1 The premises shall be used only for private residential purposes and not for any other purposes whatsoever. The premises shall be
used/occupied personally by Grace Musasizi and husband and no other person shall reside in the premises during the currency of the
Lease.
9.2 The LESSEE shall nor permit or allow more than _4__ persons to reside in the premises at the same time or for a continuous period of
more than 2 (TWO) weeks.
9.3 The LESSEE shall not cede or assign this lease either in whole or in part, or sub-let the premises or any portion thereof or permit or
allow any other person to occupy the premises or to reside therein or to obtain possession thereof without the prior written consent of
the LESSOR, which shall not be unreasonably withheld.

10.

MAINTENANCE OF THE LEASED PROPERTY

10.1 Should the LESSEE on taking occupation of the premises discover that the same or any of the appurtenances or contents thereof,
including but not restricted to stoves, keys, locks, windows, carpeting, walls, sewerage pipes and pans, electrical or gas installations and
fittings, water taps, cookers, fireplaces or furniture are in a defective state of repair, he shall within three days of the commencement
date notify the LESSOR in writing of the details of any such defect and the failure to do so on the part of the LESSEE shall constitute an
acknowledgement on his/her part that the whole of the premises are in a good and proper state of repair and condition. The LESSEE
hereby undertakes to care for and maintain the whole of the property in like good order and condition during the currency of this lease.
On termination hereof the LESSEE shall be obliged to redeliver the property to the LESSOR in like good order and condition, fair wear
and tear excepted. The LESSEE will make good and repair at the LESSEEs cost any damage or breakages, or in the alternative will
reimburse the LESSOR for the cost of replacing, repairing or making good any of the same. Such restoration must take place within 3
(three) days of the LESSEE vacating the property failing which the LESSOR shall do so at the expense of the LESSEE.
10.2 The LESSEE undertakes to keep and maintain all sewerage pipes, water pipes, guttering and drains free
from obstruction and blockage and to remove at his cost any blockage or obstruction therein.

10.3 The LESSEE shall be responsible for any damage done to the premises by reason of any furniture or other objects or vehicles
being brought into or removed from the premises.
10.4 The LESSEE shall not make any alterations or additions to the premises or to any installations therein, whether structural or
otherwise, or drive or permit any nails or screws to be driven into the walls, ceilings or furniture of the premises or in any manner
whatsoever do or permit anything to be done that may damage the walls or any other portion of the premises.
10.5.The LESSEE undertakes at his expense to keep the grounds and gardens of the premises in a neat and tidy condition and free
from all weeds and to maintain the existing gardens and lawns, if any, in good condition and properly watered. In the event of a
swimming pool or tennis court or any other amenity being situated on the premises the LESSEE shall maintain and keep same in
proper working order and in a fit and proper state to the satisfaction of the LESSOR or any person duly authorised by him.
10.6. The LESSEE shall at his expense replace where necessary all fluorescent bulbs, starters, globes, ballasts and incandescent
bulbs used in the premises.
10.7. The LESSORs workmen or agents shall at all reasonable times be entitled to enter upon the premises and to do and carry on any
work that may be required to be done to the premises for the preservation, repair or alteration thereof.

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10.8. The LESSOR shall keep all outside walls and roofs of the premises in order but shall not be responsible for any damage caused
by leakage, rain, hail, snow or fire or any other cause whatsoever, nor shall the LESSOR be responsible for any loss or damage
which the LESSEE may sustain by reason of vandalizing or burglaries or any act whatsoever or neglect on the part of the
LESSOR or agent his servants nor shall the LESSOR be responsible for any loss or damage which the LESSEE may sustain by
reason of the premises at any time falling into a defective state of repair or by reason or 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 foregoing reasons or any other
reason whatsoever to withhold any Monies payable by him to the LESSOR in terms of this lease.
11.

OCCUPATION

11.1 In the event of a fire occurring on the premises the LESSOR shall be entitled to forthwith terminate this lease in which event he
shall refund to the LESSEE any rent paid in advance beyond the date of such termination and the LESSEE shall not have any
claim for damages in consequence of any such deprivation or for damage by fire to furniture or any personal effects. The LESSEE
undertakes not to use any apparatus or carry on any trade or process or keep any combustibles or hazardous goods on the
premises which may vitiate the LESSORs fire insurance policy or increase any premium payable thereunder.
11.2. Notwithstanding anything to the contrary contained and notwithstanding any receipt given for rent or deposit paid should the
LESSOR be unable to give the LESSEE occupation of the premises on the commencement date by reason of the premises being
in a state of disrepair, or by reason of the fact that the previous tenant shall not have vacated same or by reason of any fact,
matter or thing whatsoever not due to willful default on the part of the LESSOR, the LESSEE shall have no claim for damages or
other right of action against the LESSOR as a result thereof and undertakes to accept occupation from whatever date the
premises are available subject to a remission of rent for the period of non-occupation.
11.3 Should the LESSEE fail to take occupation of the premises within a period of three days of the commencement date or from the date on
which occupation of the premises is tendered to him in terms of 11.2 the LESSOR shall be entitled without prejudice to any other rights
available to it in law, to forthwith cancel this lease without notice, in which event the LESSEE shall have no rights or claims of
whatsoever nature against the LESSOR by reason of such cancellation but shall forfeit any deposit paid and be liable for any loss of rent
or other damages sustained by the LESSOR as a result of such cancellation.
12.

CANCELLATION AND /OR CONFIRMATION OF LEASE

12.1 This Lease shall be subject to confirmation by the LESSOR within one week of signature thereof by the LESSEE and the
LESSOR shall be entitled to withhold such confirmation for any reason whatsoever and without assigning any reason therefore.
Should the LESSOR fail to sign this agreement within the said period the LESSEE shall not have any right to claim existence of a
lease with the LESSOR whether oral or otherwise by reason of negotiations having been conducted or concluded in regard
thereto by reason of this lease having been executed by the LESSEE only or for any other reason whatsoever.
12.2 Should the rental or any other sum or sums payable by the LESSEE hereunder not be paid promptly on the due date or should the
Lessee in any other respect whatsoever contravene or permit the contravention of any term of this lease or fail in the observance of any
term of this lease, the LESSOR shall, notwithstanding any previous waiver to the contrary on his part of any of his rights under this
agreement, be entitled forthwith after having given notice referred to in clause 6.2 above, to cancel this agreement, and to obtain
possession of the premises and for that purpose to take whatever action may be necessary for the immediate ejectment of the LESSEE
from the premises without prejudice and in addition to all other rights available to the LESSOR to claim rent already due and such
further damages as the LESSOR and or agent may sustain by reason of the LESSEEs breach or default, including but not restricted to
all legal costs on the attorney and own client scale and charges payable by the LESSOR as a result thereof.
12.3 Should the LESSOR cancel this lease and the LESSEE dispute the LESSORs right so to do and remain in occupation of the premises,
the LESSEE shall, pending their determination of the dispute continue to pay all amounts due by him in terms of this lease on the due
date thereof and the LESSOR shall be entitled to recover, sue for and accept those payments without prejudice to and without in any
manner whatsoever affecting the LESSORs claim to cancellation of this lease or of any other nature whatsoever.

12.4 Should the dispute between the LESSOR and the LESSEE be determined in favour of the LESSOR the payments made to the
LESSOR in terms of 12.3 shall be regarded as amounts paid by the LESSEE on account of the loss unstained by the LESSOR
as a result of the holding over by the LESSEE of the premises.
13.

THE LETTING
13.1 The LESSOR shall be entitled to affix and exhibit on the premises to let and for sale notices for a period of three months prior to the
termination of this lease and the LESSEE shall permit prospective tenants or buyers of the Premises to view the whole of the same
during reasonable hours at any time during the currency of this lease.
13.2 The LESSEE hereby chooses domicilium citandi et executandi for all purposes at the premises and all notices required to be given to
the LESSEE in terms of this lese shall be delivered by hand or sent prepaid registered post to the premises and shall be deemed in the
case of delivery to have been received on the date of delivery and in the case of posting on the third day after such posting.

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14.

GENERAL INCLUDING COST OF LEASE

14.1 The costs of this lease being R500.00 exclusive of VAT shall be paid by the LESSEE.
14.2 The LESSOR and the agents shall not be liable to the LESSEE or any other person whatsoever for any injury, loss or damage of any
description whatsoever which the LESSEE or any member of his family or any employee or servant or any relative, friend, acquaintance,
visitor, invitee or guest of the LESSEE may sustain directly or indirectly in or about the premises from whatsoever cause arising. The
LESSEE hereby accepts responsibility for and indemnifies the LESSOR and his employees, servants or agents against any claim by
any such person for any injury, loss or damage sustained as aforesaid.
14.3 The LESSEE hereby consents to the jurisdiction of the Magistrates Court in respect of any action or proceedings which may be brought
against him by the LESSOR in connection with this lease, notwithstanding that such action or proceedings would otherwise be beyond
such jurisdiction without prejudice to the LESSORs right to institute action in the High Court having jurisdiction.
14.4 Notwithstanding anything to the contrary in this lease, if during the currency hereof the monthly rental which may lawfully be charged in
respect of the premises is increased above that stipulated in this lease, the monthly rental payable in terms hereof shall ipso facto be
increased with effect from the date of such increase to the amount which is thus lawfully able to be charged in respect of the premises.
In addition the deposit payable by the lessee in terms of clause 5 of the lease will be increased by the proportion which the rental
stipulated in this lease bears to the said increased rental.
14.5 This lease contains all the terms and conditions of the agreement entered into by the LESSOR and the LESSEE and the LESSEE
acknowledges that no representations, warranty, undertaking or promise whatsoever which may have been made by the LESSOR or the
LESSORs agents or servants other than those contained herein shall be binding on or enforceable against the LESSOR. No alteration
or variation of the terms of this lease or any alleged cancellation by mutual consent shall be of any force or effect unless reduced to
writing and signed by the LESSOR and the LESSEE or any person duly authorized thereto in writing by them.
14.6 All processes for the recovery of rent or ejectment or the fulfillment of any of the terms hereof or for the recovery of any damage or loss
suffered through the LESSEEs breach of any of the terms hereof or through the LESSEEs failure to vacate the premises timelessly on
termination of the lease, may be taken either by the agents in their own name or by the LESSOR as the LESSOR may from time to time
direct. The LESSEE acknowledges that no receipt given shall be valid unless given on the agents customary receipt form and that any
error if any, in such receipt shall not be binding on the agents or the LESSOR.
14.7 The Lessee agrees that the Lessor may house other tenants in the unit if for whatever reason, the Lessee defaults on any rental
payments.
14.8 The Lessee realizes, acknowledges and approves the fact that the electricity will be dis-connected in the event of non-payment of rent.
14.9 The LESSEE waives his rights with regards to the protection of Section 4 of the Prevention of Illegal Eviction from and Unlawful of Land
Act No 19 of 1998.
THUS DONE AND SIGNED by the LESSEE
at THIS Day
of.2012.
WITNESS :
1.

____________________________

2.

____________________________

______________________________________________
LESSEE

THUS DONE AND SIGNED by the LESSOR

at THIS Day
of.2012.
WITNESS :
1.

____________________________

6
2.

____________________________

________________________________________
LESSOR

LEASE APPLICATION FORM

PROPERTY

9 GHADA COURT, ELGIN STREET FERNDALE

SURNAME

MUSASIZI

FIRST NAME

GRACE

PASSPORT NUMBER :

B0965324

DOB : 02-01-1987
EMPLOYER

COUCH KING, OFFICE 456, 1st FLOOR, 195 BRAM FISCHER DRIVE RANDBURG

BANKING DETAILS :
TELEPHONE NOS & CELL : 078 479 4465
EMAIL & FAX

POSTAL ADDRESS :
LEASE PERIOD FROM 01 November 2012 to 31st October 2013
MONTHLY RENTAL : R5500.00 per month (five thousand five hundred rands)
DEPOSIT

: R5500.00 (Five thousand two hundred and fifty rands )

LEASE & ADMIN FEE : R500.00 (five hundred rands) non refundable
ELECTRICITY DEPOSIT : NIL (PRE-PAID METER)
TOTAL DUE : R11,500.00(Eleven thousand rands)

SIGNATURE:DATE...