1

20231107

OFFER TO LEASE - 2024

SINGLE room in 7 bed clusters
This facility is accredited by Stellenbosch University as accommodation that complies with all the standards as stipulated
by the Department of Higher Education and marketed as preferential accommodation to students that did not gain access
to a University residence. Regardless of the fact that the University is not a direct party to this agreement, all the
applicable University Rules and Regulations will apply to the tenant/student.

Memorandum of agreement entered into by and between

______________________________________________________
(Hereinafter referred to as “the LESSEE” in his/her capacity as the Student / Parent or Legal Guardian of the
“STUDENT”)

and

TRADE-OFF 33 (PTY) LTD

Reg no: 1997/020443/07

(Hereinafter referred to as “the LESSOR”)

Herein represented by Dr. Yolandé Minnaar Smit duly authorised thereto in her capacity as assistant to Director
Johan Momsen Smit

Details of the “STUDENT” that will reside in the PROPERTY:

NAME AND SURNAME: ________________________________________________________________

ID NUMBER: __________________________________
STUDENT NUMBER: ___________________________
YEAR OF STUDY IN 2024: ______________________

Offer to Lease
Addendum A: Housekeeping rules
Addendum B: Fines
Addendum C: Moving in Inspection form

*Note: Addendum “A” and “B’ may be amended by the LESSOR/management during the course of the lease agreement
THE PARTIES AGREE AS FOLLOWS:

1. The LESSEE / STUDENT hereby offers to lease a single room in Block C Nooitgedacht, Taylor Street, Stellenbosch,
(hereinafter referred to as “the PROPERTY”) from the LESSOR.

2. The LESSEE /STUDENT further confirms that he/she understands that this offer and the acceptance thereof does
not give him/her the right to be admitted to a university residence, and that the lease agreement was negotiated
between the LESSOR and the LESSEE/ STUDENT on a separate commercial basis.

3. The LESSEE / STUDENT hereby confirms that he/she understands that this is an offer which may be accepted or
rejected by the LESSOR.

4. This offer is unconditional and may be accepted by the LESSOR within a period of 60 (sixty) days after the LESSEE
/ STUDENT has signed this agreement. The LESSEE / STUDENT will, within this 60 day period receive written notice
if the offer has not been accepted. In the event the LESSEE / STUDENT does not receive notice to the contrary, the
parties will automatically become bound as LESSOR and LESSEE respectively in terms of the conditions contained
in this Offer to Lease.

5. The LESSEE / STUDENT hereby confirms that he/she will personally inspect the PROPERTY on date of occupation.
The LESSEE / STUDENT accordingly confirms that he/she will complete Addendum “C” the moving in Inspection
Form as proof of such inspection and that he/she will within 24hrs of occupying the PROPERTY, present the
completed form to the relevant representative of the LESSOR at the Block C Facility Office. In the event the LESSEE
/ STUDENT does not hand in this form within the prescribed time, the LESSEE / STUDENT thereby confirms that
there are no defects in the PROPERTY.

6. The lease period follows the calendar of the SU (annual contract) and is payable as per payment terms set out in
Paragraphs 13 and 14 of this agreement. Also refer to Instructions to Offer to lease.

7. The LESSEE / STUDENT will have free and undisturbed occupation during the lease period, subject to the LESSEE /
STUDENT vacating his/her room after completion of the year-end examinations, in order for the LESSOR to
complete repairs, maintenance and intensive deep cleaning. Refer to Housekeeping rules with regards to
arrangements during holidays and recess periods, including storage of items.

8. Rooms need to be vacated during mid-year break for the purposes of maintenance and deep cleaning as per SU
Guidelines.

9. The LESSEE/STUDENT acknowledges that he/she has no reasonable expectation that the right of occupation as
granted in terms of this agreement will be renewed or will otherwise persist or be revived after the period of this
agreement has elapsed, or if this agreement has been terminated in accordance with the terms stipulated herein.
The LESSEE / STUDENT may however make a further offer/s to the LESSOR in respect of following year/s from
August of each year. The LESSOR has the right to accept/not accept the renewal application and will concider
amongst other aspects, the LESSEE / STUDENT’s accommodation / disciplinary and payment record, as well as the
LESSEE’s academic achievements.

Signed: Lessee & Student & Witness _________________________________________________

10. The LESSEE/STUDENT is responsible for safekeeping and insurance of his/her personal belongings. The LESSOR
will not be held responsible for any theft or burglary.

11. The LESSOR/his agent /management team (including caretakers/Head students and Resident Heads) shall have
the right to:

11.1 move the “student” to another room (similar type room in the same/other cluster) with 24h notice after
a disciplinary hearing if the “student’s” behaviour is unruly/disruptive/ non-respectful towards the “student’s”
cluster mates.
11.2 at all reasonable times inspect clusters and rooms for monitoring of maintenance as well as the hygienic
conditions of the cluster and rooms.
11.3 allow access to workmen and other agents to execute any repairs to the Residence both internally and
externally (including in the bedrooms) as is necessary from time to time for the upkeep of the building.
Residents will be notified timeously of said planned access unless it is an emergency situation which does not
allow for notification.

12. Termination of the lease agreement (once effective):

It is specifically noted that this agreement is for a full academic year and that any cancellation prior
to the end of the said year agreement, will be charged a cancellation fee as per par 12 of this
agreement, for damages suffered by the LESSOR due to the early notice.

12.1 by the LESSEE / STUDENT is subject to 20 (twenty) working days’ written notice to the LESSOR,
subject to the LESSOR’s right to a reasonable cancellation fine. The Parties agree that, due to the
unique nature of student accommodation, 75% of the balance of the rental contract value calculated
from the end of the notice period, is a reasonable cancellation fine should the contract be
terminated pre-maturely, including where University residency is taken up. This cancellation fee can
be reduced pro-rata in the event the LESSEE / STUDENT finds a replacement (New tenant, approved by the
LESSOR, which approval will not be unreasonably withheld) for his/her lease agreement and do the parties
now further agree that the “property” referred to in paragraph 1 of this Lease Agreement is not limited to a
specific room number in the building, but applies to any room in the building and any current tenant of the
LESSOR, occupying any other room at the date of the LESSEE’s / STUDENT’s cancellation, may move in the
room occupied by the LESSEE / STUDENT prior to cancellation, only if permission for such move is given by the
LESSOR, and then in that event such tenant shall not be deemed to be a replacement.

12.2 The LESSOR will have the right to cancel the lease agreement before the end of the lease period
with twenty (20) working days’ notice after having given the LESSEE written notice of the LESSEE’s
default to comply with the terms of the lease agreement within seven (7) days, unless the LESSEE
has rectified the default in the meantime, with the 75% termination fee still applicable to the LESSEE.

12.3 The LESSOR will have the right to cancel the lease agreement with immediate effect in the
event the STUDENT does not comply with the Housekeeping rules and / SU code of conduct and
the 75% cancellation fee will still be applicable to the LESSEE.

Signed: Lessee & Student & Witness _________________________________________________

 13. Yearly accommodation fees payable by the LESSEE to the LESSOR
13.1 Room rental (VAT incl) payable by the LESSEE / STUDENT to the LESSOR will be as follows:
Single room in 7 bed clusters R7,920.00p/m
R79 200,00 per annum (Payable over 10 months)
** (Please note: this DOES NOT INCLUDE the R6300,00 booking fee payable as per par 13.3
13.2 Additional services / facilities included in the room rental amount:

13.2.1 Transport is included to and from the campus on a fixed schedule between 07h00 and 17h30
on Weekdays as well as a limited schedule at night. These schedules are amended from time to
time to accommodate demand due to changes in the academic calendar and/exam periods.
Availability not guaranteed as there are limited seats.
13.2.2 Cleaning of communal areas in cluster. This does not include dishwashing and cleaning
of bedrooms.
13.2.4 Water usage, incl electricity cost for hot water. Refer to usage terms in Par 13.5.2.
13.2.5 Fitness area
13.2.6 Uncapped Wi-Fi per person, the package is as per LESSOR’s discretion and supplied by a 3rd party
contractor.
13.2.7 Pre-paid electricity limited to R140 pp p/m.

13.3 Compulsory additional costs of R6,300 excluded from par 13.1 and par 13.2 payable before
occupation:
13.3.1. Non-refundabndle fees R4,300 (included in first payment)
(i) Booking fee: R740.00 (Seven hundred and forty rand)
(ii) Matrass Protector: R380.00 (Three hundred and eighty rand)
(iii) House fund: R280.00 (Two hundred and eighty rand)
(iv) Electricity: R1,400.00 (One thousand four hundred rand)
(iv) Wifi Uncapped: R1,500.00 (One thousand five hundred rand)

13.3.2. Deposit (refundable) after exitinspection is finalised (included in first payment)

(i) Deposit : R2,000 (Two Thousand rand)

13.3.3 Residents will be invoiced for all damages in their bedrooms and invoiced
proportionally for damages and /or losses in the clusters’ and building’s
communal areas, invoice payable on presentation.

Signed: Lessee & Student & Witness _________________________________________________

 13.4 Optional additional costs:
13.4.1 Reserved basement Parking: yearly amount payable upfront:
R4 650 (Four Thousand six Hundred and fifty Rand)
Parking will be allocated on a first come first served basis and only after proof of
payment for the total yearly amount due for parking has been received .
13.4.2 Printing facilities available at the facility office
13.4.3 Additional Cleaning of clusters and bedrooms can be arranged and must be
booked and paid for in advance at Block C facility office.
13.4.4 Laundry services
Available on site offered by independent 3rd party contractors Eazipay - Payment
via SU Student Card

13.5 Not included in the room rental amount

13.5.1 Pre-paid electricity for electricity consumption in clusters over and above
R140 pp p/m. Tokens can be purchased at various vendors in Stellenbosch /
online via bank apps / other payment apps. For full Vendor list refer to
Stellenbosch Municipality website. stellenbosch.gov.za
** Note: Non-payment of the additional usages by the LESSEE / STUDENT of
his/her pro-rata share of the cost of electricity it will result in the raising of a
penalty against the LESSEE’s rental account and may lead to termination of
Lease contract.
13.5.2 Penalty levy charged to all tenants in the event of excessive/irresponsible usage
water and / or electricity usage which exceeds the amounts allocated /
recommended by the relevant authorities. This pro-rata penalty levy, will be
payable within 7 days of submission of such levy invoice.

14. The LESSOR does not guarantee Water and Electricity supply by the relevant authorities, nor any
services supplied by any 3rd party contractor including, but not limited to laundry and Wi-Fi / internet
to the LESSEE / STUDENT.

15. Please note occupation and additional services will not be given without duly signed Offer to Lease
and all necessary payments having been received on time.

16. Rent is paid monthly in advance or as per signed mutual agreement.

16.1 Payments to be made prior to acceptance (not refundable)
(i) 2024 STUDENTS: R21,000 (Twenty one thousand ) and includes:
(a) R14,700 in respect of first co-payment
(b) R6,300 as per par13.3

Signed: Lessee & Student & Witness _________________________________________________

 16.2 The first payment of R21 000,00 is payable to confirm booking and the balance of the rental must be paid in
3 instalments, due dates and amounts according to table below:

Type of Shared room Due 28 Feb 2024 Due 31 May 2024 Due 31 Aug 2024
Single room in 7 bed cluster R 21 500.00 R 21 500.00 R 21 500.00
** Monthly payment options are available on special request by the LESSEE / STUDENT

17. The LESSEE/STUDENT remains responsible for settlement of the yearly rental, even if the LESSEE/STUDENT
makes use of a bursary or loan. Interest at 12,5% per annum will be added to the rental amount until the
account has been settled in full. It is not the responsibility of the LESSOR or his employees/agent to contact
the bursary / financial institutions.

18. The LESSEE / STUDENT, must at signature of this Offer to Lease, present the LESSOR with written

proof of application to the bursary /loan and provide the current status of application.

19. The full yearly amount is payable as per the rest of this agreement.

20. In the event the LESSEE / STUDENT does not pay rental amounts on time, the LESSOR will be entitled to
charge a monthly administrative fine of R 250.00 on any and all arrear amounts

21. Bank account for all payments (rent, deposit and booking fee)
Account name: TRADE OFF 33 Management Acc
Bank: ABSA Type of account: Cheque/current
Branch Code: 63 2005
Account no: 408 500 1811
Payment Reference
NEW STUDENTS: Your SURNAME Name
EXISTING STUDENTS: Your Current Account Number

For all payments thereafter: Ensure correct reference is used – R100 fine where no/incorrect
reference is used
YOUR ACCOUNT NUMBER as indicated on your statement (usually starts with the first 3 letters of your
surname followed by 3 numbers) and the month being paid: eg. WIN002 March

22. The LESSEE:

22.1 May under no circumstances sub-let the PROPERTY or any part thereof;
22.2 may not cede the offer or the lease agreement (once effective), whether in part or in full, to any natural or legal
person without the LESSOR’s written consent.

22.3 May under no circumstances take in lodgers and may not make the PROPERTY available for occupation
to his/her family/friends/any other person. Refer to Housekeeping rules and Fines (Addendum “A” and
Addendum “B”).

Signed: Lessee & Student & Witness _________________________________________________

22.4 May make no structural changes to the PROPERTY and may not attach any fixtures to the PROPERTY;

22.5 Undertakes to be responsible for the interior of the PROPERTY AND FURNITURE (Communal area and
the bedroom) including paintwork, locks and keys, glass, window, doors, electrical fittings and globes.

22.6 Undertakes to keep their bedrooms and all areas of the cluster (including bathrooms and toilets) clean
and to keep the water traps and drains free from hair and foreign objects. The student further agrees
that the cost for any additional cleaning services or removal of blockages and obstructions will be for
the LESSEE / STUDENT account.

22.7 Undertakes to report all maintenance items to [email protected]. Emergency maintenance

issues must also, additional to an email be reported in person at the facility office during office hours
and to the Floor Headstudent outside of office hours.

22.8 Undertakes to return the Property to the LESSOR in good condition at the end of the lease period and
to compensate the LESSOR for any broken/damaged / lost articles of whatever nature.

22.9 May not cause noise or disturbance that will disrupt the quiet and peaceful occupation of their cluster
mates or neighbours in any way. Refer to Addendum “A” and “B” and;

22.10 Undertakes to comply to the Housekeeping rules as stipulated in Addendum “A” and acknowledges
that the non-compliance of these rules may result in immediate cancellation of the Lease agreement
and the 75% cancellation penalty will still apply to the LESSOR / STUDENT.

23. The LESSOR reserves the right to recover the cost of damage and losses to communal property / areas of
clusters and the building on a pro-rata basis from the LESSOR / STUDENT.

24. By signing this agreement the LESSEE / STUDENT confirms that the LESSEE / STUDENT will not hold the
LESSOR , his employees or agents liable /responsible for any injury, loss or damage suffered as a result
of the rental of the PROPERTY.

25. The LESSEE had the opportunity to obtain legal or other advice before signing the offer and did obtain
such advice before he/she signed the offer, or the LESSEE decided of his/her own accord not to exercise
the right to obtain advice.

Signed: Lessee & Student & Witness _________________________________________________

26. The parties choose as their respective domicilia citandi et executandi the following addresses and/or e-
mail address or such addresses or e-mail addresses as the parties may choose with seven days’ written
notice to the other party:

PHYSICAL ADDRESS LESSEE:____________________________________________________

______________________________________________________________________________

E-MAIL ADDRESS OF STUDENT:__________________________________________________

E-MAIL ADDRESS OF LESSEE: ___________________________________________________

PHYSICAL ADDRESS LESSOR: 5 Lighthouse road

Atlantic Beach Estate
Melkbosstrand
7441

E-MAIL ADDRESS LESSOR: [email protected]

27. The parties confirm that in the event that notice and/or pleadings be served by way of electronic mail,
then and in that event the parties now confirm that the said notice and/or pleading will be deemed
delivered on the day following the day on which the notice and/or pleading was sent.

28. It is hereby recorded that, all terms and conditions referred to in this Offer to Lease including all
addendums, will be binding on the STUDENT, LESSEE, PARENT and /or GUARDIAN.

29. It is further recorded that the LESSEE / STUDENT is responsible for all fees pertaining to this Agreement
as well as any additional fees which may be levied against the rental account of the LESSEE / STUDENT
from time to time resulting from this Agreement and pertaining to the occupation of the PROPERTY by
the STUDENT.

30 In the event of the LESSEE not paying the rent to the LESSOR on the due dates and the LESSEE stays in
breach of the contract following 20 (twenty) days’ written notice by the LESSOR to rectify said default,
the STUDENT will be denied access to the residence.

31. All costs incurred in the recovery of such amounts on an Attorney Client base, plus interest calculated
on the outstanding amount, will be for the LESSEE’s account

32. The LESSEE / STUDENT agrees to the Jurisdiction of the Court, confirms that the agreement has been
completed within the jurisdiction area of the court for the district Western Cape, and agrees to the court
of Western Cape jurisdiction.

Signed: Lessee & Student & Witness _________________________________________________

33. Force Majeure is defined as, among other things, but not limited to, out of the ordinary events such as pandemics,
acts of war/terrorism, strikes, protests, insurgents, storms, floods, fire, explosions, and acts of God.

In the event that any Force Majeure events occur and the Landlord is still able to provide the Tenant the
undisturbed use and enjoyment of the Premises, then and in that case the terms and conditions of this
Lease shall remain in full force, in which case the Tenant is obliged to pay the full monthly rent to the
Landlord and comply with all other obligations in terms of the Lease.
If the Landlord is unable to provide the Tenant full use and enjoyment of the Premises due to any Force
Majeure event outside the control of the Landlord, then and in that case the Landlord shall not be deemed
to commit bridge of contract and the Tenant shall have no right to the recovery of any form of damage
from the Landlord or the institution of claims against the Landlord, whatsoever.
In the event of the inability of the Landlord to provide the Tenant the undisturbed use and enjoyment of
the Premises due to a Force Majeure event, excluding total destruction an inhabitability, then and in that case
the Tenant will be liable for the payment of 50% (Fifty) of
the monthly Rental for the duration of the Force Majeure event, which event will be deemed to last until
the Landlord gives written notice to the Tenant that the Landlord can again provide the use and enjoyment
of the Premises to the Tenant, which amount will then be calculated pro rata and per day, and from which
notice date the Tenant will be liable for the payment of the total monthly Rental and the punctual
compliance of all the obligations of the Tenant in terms of the Lease

Signed: Lessee & Student & Witness _________________________________________________

The LESSEE and STUDENT confirm that he/she understands the content of this offer and that he/she was not
unduly influenced to sign the offer.

LESSEE AND STUDENT

DULY SIGNED AT ______________________ ON THIS ________DAY OF _________________20___.

_________________________________ __________________________________
LESSEE Witness
(Parent or Legal Guardian of student)

_________________________________ ______________________________
STUDENT Witness

(For Office use only)

LESSOR

DULY SIGNED AT _________________________ON THIS _________DAY OF _____________20___.

__________________________________ _______________________________
LESSOR Witness
TRADE-OFF 33 (PTY) LTD
BEING DULY AUTHORISED