RESIDENTIAL LEASE AGREEMENT

GENERAL DETAILS:
The Property Practitioner iQ RENTAL & BOND ORIGINATORS (PTY) LTD
1.1
(Estate Agency) t/a iQ REAL ESTATE & SALES
Company Registration Number 2001/005055/07
Company PPRA FFC Number iQ Asset Management Group (Pty) Ltd - F149206
Company VAT Registration Number 4620249922
1.2 The Landlord (Registered Owner)
Married In Married Out of
1.3 Tenant Marital Status Single/ Divorced
Community Community
The Tenant (Full Name & Surname)
1.4 Rethabilelethabo Mokobi
Main Applicant
ID Number 951118 5268 080

Contact Number/s 061 493 3533

Email Address [email protected] & [email protected]

Full Name & Surname

(Spouse/ Co-Applicant)
ID Number
Contact Number/s
Email Address
1.5 The Premises (Property Details) IQ Thistle Creek, Unit 1456
Allocated Parking/s or Garage/s 2 Allocated Parking
1.6 Max. number of Occupants allowed 4

TENANT COSTS:
1.7 The Monthly Rental Amount R9,500.00

1.8 The Deposit R9,500.00

1.9 The Lease Preparation Fee R2,000.00
1.10 Rental Escalation % Min of 5% to Max 10% on the anniversary date of this Lease

1.11 Lease Start Date 1 February 2023

1.12 Lease End Date 28 February 2024

1.13 Lease Period 13 Months

1.14 Key Return Date & Time

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 1.15 The Property Practitioner's Bank Account details
Name of Account Holder iQ RENTALS AND BOND ORIGINATORS
Bank Name ABSA
Branch Code 632-005
Account Number 41-0437-2036
Account Type TRUST ACCOUNT
Payment Reference (Unit Number) Unit 1456
*Please Note: Once your Lease has been loaded on the system you will receive a statement with your unique “iQR” Tenant Number,
which will be your Payment Reference Number
Property Practitioner's Address (iQ Rentals t/a iQ Real Estate)
1.16
Appointed by the Owner to Manage the Premises on his/her behalf
Physical Address Plot 17 Catherine Street, Shere AH, Pretoria East
Postal Address PO Box 29593, Sunnyside, 0132
Telephone Number 087 654 4944
Email Address [email protected]
*Please Complete:
1.17 The Tenant's Address/es
Physical Address 172 Zeederburg Str, Arcadia, Pretoria, 0083
Postal Address Same As Above
*Please Complete:
The Tenant's Debit Order Details
1.18
*Separate Debit Authorization Form also to be Completed* (See Clause 5 hereof)
Account Holder/s Name R. Mokobi
Bank Name Discovery Bank
Account Number 19639387865
Branch Number 679000

Selected Debit Order Date 1st day of Month 25th day of Month Last day of Month
*Please Complete:
1.19 Next of kin/ Relative not living with the tenant
Name & Surname Winniefred Mokobi
Contact Number/s 081 752 1386
Email Address [email protected]
Relationship to Tenant Mother

………………………………………..
Tenant Signature:
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 THE LEASE
INTERPRETATIONS AND DEFINITIONS
1. The head notes to the clauses of this Agreement are inserted for reference purposes only and shall in no way
govern or affect the interpretation hereof.
1.1 Unless inconsistent with the context. Any expression herein contained, including any expression and
any definition thereof in clause 1.2.3, which denotes:
1.1.1 any gender, includes the other gender;
1.1.2 a natural person, includes an juristic person and vice versa;
1.1.3 the singular, includes the plural and vice versa;
1.2 In this Lease, the words set forth below bear the following meanings:
1.3 “Property Practitioner” Means the Estate Agency as set out in 1.1 of the Schedule
1.4 “Agreement” The agreement concluded between the parties as recorded in this document
1.5 “Commencement Date” an ordinary day of the week including Saturdays, Sundays and public holidays;
1.6 “Termination Date” an ordinary day of the week including Saturdays, Sundays and Public Holidays;
1.7 “Business Day” Means any day of the week excluding Saturdays, Sundays and Public Holidays;
1.8 “House Rules” The House Rules in relation to the control, management, Administration, use and
enjoyment of the Premises and supplied upon final signature hereof (if applicable);
1.9 “Incoming Inspection” The mandatory inspection referred to in Section 5 (3) (e) of the Rental Housing Act
No. 50 of 1999 and Contained in Clause 13 of this Agreement;
1.10 “Lease Period” The period from Commencement Date to the termination Date;
1.11 “Outgoing Inspection” The Mandatory inspection referred to in Section 5(3)(f) of the Rental Housing Act
No 50 of 1999 and contained in Clause 26 of this Agreement;
1.12 “Premises” A unfurnished dwelling, including the grounds and/or building and/or parking bay/garage
(whichever is allocated to the property);
1.13 “Rental Housing Act” The Rental Housing Act No. 50 of 1999;
1.14 “Tribunal” Rental Housing Tribunal established under Section 7 of the Rental Housing Act;
1.15 “Fair Wear and Tear” means any decline which results from ordinary use and exposure over time,
including breakage or malfunction due to age or deteriorated condition, but not where such decline
results from negligence, carelessness, or abuse by the Tenant or their visitors;
1.16 “Property Practitioner Act” means the Property Practitioners Act (No 22 of 2019)
1.17 “Protection of Personal Information Act” means the Protection of Personal Information Act (No 4 of
2013)
1.18 “Signing” or “Sign” means a handwritten signature, an advanced electronic signature or an electronic
signature as defined in the Electronic Communications and Transactions Act (No 25 of 2002);
1.19 “Schedule” means the schedule on the covering page of this Lease;
1.20 “Tenant” means the person in 1.4 of the Schedule

All Provisions contained in the annexures hereto shall be deemed to be incorporated in, and to form part
of, this agreement as fully and effectually as if specifically incorporated herein and each expression
defined in this agreement shall have the same meaning where used in any of the annexures.
The parties shall ensure that the relevant annexures are completed and attached to this agreement,
failing which those annexures shall be of no force or effect.

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 THE LEASE

2. LEASE OF PREMISES
2.1 The Landlord hereby lets to the Tenant who hires the Premises subject to the terms and
conditions set out in this agreement.

3. COMMENCEMENT AND PERIOD

The lease of the Premises shall commence on the Commencement Date and terminate on the
Termination Date. (Subject to paragraph 28 herein)

4. RENT
4.1 The monthly rent payable by the Tenant to the Landlord for the rental of the Premises is the sum as
specified in 1.7 of the Schedule
4.2 The Tenant shall pay the rent monthly in advance on the first (1st) day of every month. In addition, Interest
for late payments will be charged at a rate of 18%, per annum.
4.3 A cash deposit fee of R500.00 will be charged to the Tenant without any notice for any cash Payments made
directly into the Lessor’s bank account.
4.4 An Administration fee of R1,000.00 for reallocation of payments made into the wrong bank account or with
the wrong reference number (as per paragraph 1.15)
4.5 All monthly rent shall be paid on or before the due date (See clause 4.2), without deduction or set off in the
bank account of the Landlord as specified in 1.15 of the Schedule
4.6 Late payments and collection of such late payments will be charged an additional admin fee of R500.00 plus
interest as set out in clause 4.2 above. Late and or non-payment of rent will be listed on the Credit bureau
by the 7th of any month.
4.7 The tenant shall, when effecting payment to the Landlord, clearly identify each payment as being a payment
made by him and shall ensure that such payment is brought to the attention of the Property Practitioner, as
well as the Landlord.
4.8 Any payment received shall first be allocated to, Administration fees, legal costs and interest and
thereafter to rental and electricity (where applicable)
4.9 The Tenant should not pay any monies into any other bank account. The only valid bank account is the one
stated on this contract. Any changes in banking details will be communicated with the tenant in a formal
letter on a company letterhead and should always be verified with the landlord.
4.10 The first month’s rent (Occupation Month), Deposit and Contract fee must be paid before the
Occupation date as per this lease agreement

5. DEBIT ORDER
5.1 Subject to clause 4.2 the Lessee will sign a Debit Order Authorization Form, in terms whereof the monthly
rent will be deducted directly from the Lessee’s bank account on the selected payment date.
5.2 The Lessee is aware that cancellation of the Debit Order, or dispute of the Debit Order will constitute a
breach of this Lease Agreement.
5.3 The rent can only be paid in terms of the Debit Order Authorization as stated in clause 5.1, unless agreed
upon in writing with the Estate Property Practitioner before signing this agreement, then/ where a double
deposit will be payable.
5.4 Failed Debit Orders will be charged a fee of R500.00 per transaction

6. ESCALATION
The amount of monthly rent payable per 1.7 shall automatically escalate annually on each and every
anniversary of the Commencement Date without any written notice to you as per 1.10 of the Schedule

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7. INVOICES AND RECEIPTS
7.1 Invoices & Receipts will be send monthly by email, and will contain the following information:
- Date, amount and service of Invoice;
- The date of receipt of payment;
- The address of the Premises in respect of which payment is made;
- In respect of which period the payment is made;
- In respect of what the payment is made: Administration fees, legal costs, interest, rent & electricity etc.
7.2 It is the obligation of the Tenant to pay the rent and any other amount payable, even if the Tenant did not
receive the Invoice, on time. It is the Tenants obligation to enquire regarding the receipt of the invoices.

8. DEPOSIT
8.1 On entering into this lease the Lessee shall pay the Lessor a deposit as per 1.8 of the Schedule as a damages
deposit.
8.2 Payment to be made to the Property Practitioner’s Bank account as per 1.15 herein.
8.3 The Landlord shall be entitled to deduct from such damages deposit any amount owing by the Tenant for
damages suffered by the Landlord, and in the event of such deduction during the Lease Period, the Tenant
shall, upon request by the Landlord, forthwith reinstate the deposit to its full amount.
8.4 Should this unit be unsold at date of termination of this lease agreement, repayment of deposit will be
facilitated according to par 27.
8.5 It is specifically recorded that the Tenant cannot ask the Landlord to use the Deposit to cover any Rental
which the Tenant owes at any time during the subsistence of the Lease including the last month’s rent.
8.6 Should the Tenant fail to make any rent payment on time as per clause 4 herein, the Landlord has the right
to request a double deposit to be paid (an amount equal to 2 (two) months’ rent)
8.7 The deposit amount may be determined at the sole discretion of the Landlord and subject to the Tenant’s
TPN/ Credit rating

9. RATES, TAXES AND LEVIES

9.1 The Landlord shall pay all rates, taxes and levies, including body corporate levies (if applicable) in respect of
the Premises during the Lease Period.
9.2 If the levies, rates and/or taxes in respect of the Premises increase at any time during the subsistence of this
Lease, the Landlord shall be entitled to increase the Rental to accommodate for such increase in the levies,
rates and/or taxes.
9.3 Availability charges and connection fees of utilities are for the Tenant’s own account.

10. USE OF THE PREMISES

The Premises shall only be used for private residential purposes of the Tenant, subject to the
provisions contained in the House Rules (if applicable).

11. SUPPLIES TO THE PREMISES

11.1 The Tenant shall make all arrangements necessary to procure the electricity and water supply to the
Premises, with effect from the Commencement Date. The Tenant shall be responsible for the payment of the
costs of all water and electrical current supplied to and consumed upon the Premises and for all telephone
installation or reconnection, rental and calls during the Lease Period
11.2 The Tenant hereby indemnifies the Landlord against any damages suffered by him as a result of any failure or
interruption of any supplies to the Premises and the Landlord does not warrant that any such supplies will be
continued for the duration of the Lease Period. The Landlord undertakes to perform no act or omission to
prejudice the continuation or resumption of such supplies.

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 12. FIXTURES & FITTINGS
12.1 The Tenant shall not be entitled to affix any fixtures or fittings in and to the Premises without the prior
written consent of the Landlord, which consent may be granted or withheld.
12.2 Should the Landlord consent, all fixtures or fittings shall, unless otherwise agreed by the Landlord in writing,
shall be removed by the Tenant by no later than the date of the Outgoing Inspection, by which date all
damage occasioned by the original fixing and/or by removal of such fixtures and fittings shall have been
made good at the instance and cost of the Tenant who shall restore the Premises to the condition that these
where in, on the Commencement Date. Should the Tenant fail to remove any authorized fixtures and fittings
on or before the Outgoing Inspection, such fixtures and fittings shall become the property of the Landlord,
without any obligation on the Landlord or Property Practitioner to compensate the Tenant therefore.
12.3 The Tenant shall not be entitled to drive nails or any object into the walls, woodwork or ceiling of the
Premises, nor do anything else which may damage the walls, woodwork or ceiling or any other portion of the
Premises, without the prior written consent of the Landlord. The Tenant shall ensure that all nails and/or
other objects driven into or affixed to the walls, woodwork or ceiling of the Premises are removed on or
before the Outgoing Inspection date, by which date the Tenant shall repair all damages caused by the driving
in, affixing or removal of such nails or other objects and shall restore the Premises to the condition that it
was in on the Commencement Date.
12.4 The Tenant will repaint the inside of the unit, steam clean the carpets (if applicable) and make sure the unit
is in a good and clean condition.

13. ALTERATIONS
The Tenant shall not make any alteration or additions, whether structural or not, to the Premises without
prior written consent from the Landlord, which consent may be given or withheld at the sole discretion of
the Landlord.

14. INCOMING INSPECTION

14.1 The Property Practitioner will arrange an Incoming Inspection with the Tenant. Should the Tenant fail to meet
the Landlord at the Premises on the date and time herein referred to, the Premises shall be deemed to be free
of defects.
14.2 Any defect or damage noted or found at the Premises or any portion thereof during the inspection in par 14.1
and above, shall be recorded in writing in a list of defects, which shall be signed by the Tenant and the Property
Practitioner, and attached to this agreement marked as Annexure “B”. Recording of the defect or damage in
writing does not presuppose that the Landlord has taken responsibility to have the defect or damage remedied.
This recording is a mere acknowledgment that the defect or damage exists and that the defect or damage was
not caused by the Tenant.
14.3 If the tenant discovers any damage or defects in respect if the Premises after the Move In inspection, which
should have been recorded above, the Tenant must notify the Landlord within 7 (seven) days from the date of
the move in inspection, so that the Landlord can confirm whether such damage or defect exist. If he does, the
Landlord will remedy them or provide the tenant with written acknowledgement that they do exist.
14.4 The Premises are let and hired in the condition in which they are at the Commencement Date, without any
warranty, express or implied, as to the absence of latent or patent defects therein, but subject to the Tenant’s
maintenance obligations in terms of Clause 15 below.
14.5 The Landlord will conduct half yearly (every SIX months) inspections. With prior arrangement between the
Landlord and the Tenant. Should the Tenant not arrive for the agreed inspection, the tenant will be charged
R500.00 and a new date will be arranged.

15. INSPECTION OF PREMISES DURING THE LEASE PERIOD

15.1 The Landlord shall, at all reasonable times during the Lease Period and by prior arrangement with the Tenant,
be entitled to have access to and inspect the Premises, even during working hours.

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15.2 The Tenant will, at all reasonable times during the Lease Period and by prior arrangement with the Tenant,
allow the Valuators, employed by financial institutions, access to this unit.

16. OUTGOING INSPECTION

16.1 The Landlord and the Tenant shall, on the termination of this agreement, jointly inspect the Premises for any
damage thereto at a time as arranged between the Property Practitioner and the Tenant. If the tenant fails to
attend such agreed inspection, the Landlord/ Property Practitioner will proceed with the inspection and all
defects or damages will be for the tenants account, excluding fair wear and tear.
16.2 The Tenant shall ensure that the Premises shall be vacant and cleaned by 12h00 noon on the last day of the
lease agreement and re-delivered to the landlord in the same condition as it existed at the commencement
date.
16.3 The landlord is not liable for any damage or defects which the tenant knew or ought to have known about at the
inspection but did not request Landlord to take note of and/ or repair
16.3 The Landlord may apply any of the deposit towards the payment of the costs of repair of such damage,
including the replacement cost of any keys to the Premises.
16.4 The Landlord has the right to add 25% to the costs of any repairs or maintenance being an Administration fee.

17. MAINTENACE BY TENANT

17.1 The Tenant shall throughout the Lease Period and at his own cost, maintain the interior of the Premises as well
as all the fixtures and fittings therein in a state of good repair, fair wear and tear excepted, and shall on
termination of this Agreement, re-deliver the Premises to the Landlord in the same Condition as it existed at the
Commencement Date.
17.2 If the tenant arranges directly with any service provider to supply a service or maintenance to the Premises, the
tenant must pay such service provider directly and cancel such services upon termination of this Lease.
17.3 The Tenant’s maintenance obligations in terms of this clause shall include but not be limited to:
17.3.1 The replacement, where necessary, fluorescent, or incandescent bulbs, starters, globes, ballasts,
electrical switches and sockets, light fittings, hot water cylinder elements and thermostats used
and contained in the Premises.
17.3.2 The replacement and repair of any damaged or broken glass or mirror, no matter how such
damage or breakage was caused.
17.3.3 The cleaning of gutters (if applicable)
17.3.4 The service and maintenance of air-conditioners (if applicable)
17.3.5 Any blocked sewer line (if applicable)
17.3.6 Plumbing – including faucets
17.3.7 Any door or window locks, including Biometric door locks (if applicable)

18. MAINTENANCE OF GARDEN

18.1 The tenant shall be responsible for the maintenance and upkeep of the garden (where applicable) and shall, at
the termination of this Agreement, return the garden to the Landlord in the same condition that it was in at the
Commencement Date. The Tenant may not move, remove or cut down any trees or shrubs without written
permission from the Landlord.
18.2 The Tenant acknowledges that the Body Corporate manages the garden services on the Common Property and
agrees to allow access to the garden on the days specified for general garden maintenance.

19. DAMAGE TO THE PREMISES BY THE TENANT, VISITORS AND FAMILY

19.1 The Tenant shall for the duration of this Lease and at his own cost repair any damage caused to the Premises
during the Lease Period, immediately upon being called upon to do so.
19.2 The Tenant shall not knowingly or negligently cause or allow to be caused any obstruction blockage or any
failure of any sewage pipe, water pipes, drains and other supply equipment and installations serving the
Premises, and shall cause to be removed at his own cost any obstruction or blockage which occurs in such pipes
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 or drain as a result of his actions and, where necessary, shall cause, at his own cost, such sewer, pipe or drain to
be repaired the Landlord will appoint the contractor to do the repairs and the Tenant will be Invoiced for the
repairs.
19.3 All costs related to damage to the common property or any carport, caused by the Tenant, must be brought to
the attention of the Landlord. The Landlord will arrange for the repairs to be affected and the Landlord has the
right to add 25% to the costs of these repairs, being an Administration fees.

20. INSURANCE
20.1 The Tenant shall not cause or permit any act of any nature, which may negatively affect the Landlord’s
insurance of the Premises against risk of loss or damage attributable to any of the causes insured against. Which
may either void or deem voidable, or which may increase the rate of premium payable by the Landlord in
respect of the Premises with regard to such insurance. The Landlord will insure the property against loss or
damage caused by fire, storms and/ or landslides.
20.2 The Tenant shall be responsible for insuring his personal property brought on to the Premises. The Landlord
shall not be responsible for any loss, theft or damage to the Tenant’s property, regardless of how such loss,
theft or damage is caused.

21. NUISANCE
21.1 The Tenant shall not act, nor permit any act, in relation to the Premises which may be a source of annoyance,
nuisance, damage or disturbance to the occupants of any neighbouring Premises or properties.
21.2 The Tenant shall respect the rights of use and enjoyment of neighbours.
21.3 Tenants who do not obey the Body Corporate Rules may be evicted at the discretion of the Landlord and all
eviction costs will be for the tenants account including all outstanding rent.

22. COMPLIANCE WITH RULES, LAWS AND REGULATIONS

22.1 The Tenant shall at all times for the duration of the Lease Period observe and comply with all applicable
laws and statutory, municipal and other by-laws and regulations.
22.2 The Tenant shall at all times for the duration of the Lease Period observe and comply with the rules and
regulations as set forth by the Landlord, Body Corporate and/ or Managing Property Practitioner (if applicable).
22.3 The Tenant shall not hang clothes for drying on balconies, windows or temporary washing lines on the Premises.
Washing lines allocated for drying must be used. No clothing hung out for drying may be visible from the
common property.
22.4 Service or repairing of motor vehicles / motor bikes are not permitted on the Premises.
21.3 The Tenant shall comply with all rules, laws and regulations relating to the Premises. If the Landlord is fined or
penalised because the Tenant breaches a law or regulation, the Landlord will be entitled to recover any related
costs from the tenant.

23. LANDLORD’S MAINTENACE OBLIGATIONS

The Landlord shall, at his cost, keep and maintain, in good order and condition, fair wear and tear expected, the
exterior of the Premises, which shall include the roof, gutters and drainpipes of the Premises, but shall exclude
the windows and doors of the Premises. After prior arrangement the Landlord’s workmen shall be entitled to
enter the Premises and to carry out any repairs that may be required.

24. SUBLETTING, CESSION AND ASSIGNMENT

24.1 The Tenant shall not be entitled to sublet the Premises. Subletting will result in immediate eviction.
24.2 The Tenant shall not be entitled to cede nor assign any of its rights or obligations under this Agreement
without the Landlord’s prior written consent, which consent shall not be unreasonably withheld.
24.3 If this unit is sold by the Landlord, during the Lease period, this lease agreement will cede to the new owner.
Except in the case where the landlord is also the developer. Please refer to Par. 38

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25. SURETYSHIP
25.1 If the tenant is a body corporate, partnership, association, company, closed corporation or trust, the trustees,
partners, directors or members (as the case may be), by signing this Lease, confirm that they agree to be
personally liable under this Lease, together with the Tenant, and sign Annexure “A” attached hereto, titled
“Suretyship”.
25.2 If the person signing this Lease is not the Tenant, the person signing confirms that he has the authority to do so
and accepts liability jointly and severally with the Tenant and surety of co-principal debtor, for amounts which
the Tenant may owe the Landlord under this Lease, waiving the benefits of excision and division.

26. LIABILITY OF THE PARTIES

26.1 Neither the Landlord or the Property Practitioner, his employees or contractors are liable, except in the case of
gross negligence or a wilful act or omission on their part, for any such loss, damage, costs, injury or death which
the Tenant, it’s co-occupants, or invitees may suffer, howsoever arising; and the tenant indemnifies the
Landlord accordingly.
26.2 To the extent legally permissible, the Landlord will not be liable for any indirect, special, consequential, or
punitive damages howsoever arising out of this Lease and the Landlord’s liability shall accordingly be limited to
actual, proven direct damages.

27. RENEWAL PERIOD

27.1 The Tenant shall apply to the Landlord in writing for the lease period to be extended, such written application
should be received at least 2 (two) calendar months prior to the Termination Date. Any renewal of the
Agreement shall be entirely at the Landlords discretion and on terms to be negotiated between the Tenant and
the Property Practitioner which terms shall be reduced to writing. An admin fee of R450.00 will automatically
be Invoiced on the tenant statement upon renewal of the lease agreement.
27.2 If the Tenant fails to apply for a renewal per par 25.1 above, the Landlord retains the right to, without notice,
accept that this lease agreement will automatically continue for 12 Months, subject to an increase of Min 5% to
Max 10% of the monthly rental or as negotiated with the Landlord, the rental amount and deposit amount in
accordance to clause 1.7, 1.8 and 1.10 will be adjusted accordingly
27.3 The tenant may not, however, extend their occupation of the premises while in breach or default of any of the
terms of this lease.

28. DESTRUCTION OR DAMAGE

28.1 Should the Premises at any time during the Lease Period be destroyed or be so damaged, by whatever cause, as
to deprive the Tenant of the beneficial use of the Premises, then this Agreement shall terminate, and each Party
shall remain liable for its obligations in terms of the Agreement up to the date of such termination but, save as
aforesaid, and subject to Clause 26.5 below, neither Party having any further claim against the other.
28.2 In the event of the Premises being only partially damaged by any cause as aforesaid, then this Agreement shall
continue in force and effect and the Landlord shall, as soon as is reasonably possible, repair such damage. The
tenant shall be entitled to a reduction of rent during the period in which the Premises are not wholly suitable
for occupation, such deduction to be agreed upon by the Landlord and the tenant, or if such agreement cannot
be reached, the Parties shall agree upon an independent third party to decide on the reduction.
28.3 Notwithstanding the provisions of Clause 26.2, the Tenant shall, in the event of the Premises being only so
partially damage, continue to pay the full amount of rent until such time as the reduction of rent is
determined by the Landlord.
28.4 After the amount of the reduced rent has been determined, the Landlord shall credit the Tenant with such
amount as the tenant may have paid in excess of the reduced rent.
28.5 The provisions of clause 26.1 above shall not be prejudice any claim which the Landlord may have against
the Tenant where any destruction of, or damage to, the Premises is occasioned by the act or neglect of the
Tenant or of any person for whose action the Tenant shall be responsible in Law.

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29. REPAYMENT OF DEPOSIT
29.1 Should no amount be owing by the Tenant to the Landlord either for monies owing and unpaid in terms of this
Agreement, or for the cost of repair in terms of Clause 12 and Clause 16, then the Landlord shall pay the full
amount of the deposit thereof to the Tenant within 60 (sixty) days after the termination of this Agreement.
29.2 Should the Landlord deduct the reasonable cost of repairing damage caused to the Premises or any monies
owing to the Tenant in terms of any provision of this agreement from the deposit, the Landlord shall pay the
balance of the deposit (if any) to the Tenant no later than 60 (sixty) days after the restoration of the Premises by
the Landlord or his Property Practitioner.
29.3 Should the Tenant fail to attend the Outgoing Inspection as contemplated in Clause 16, The Landlord shall, on
termination of the Lease Agreement inspect the Premises within 14 (fourteen) days from the Termination Date
in order to assess any damage or loss which occurred during the Lease Period. Without detracting from any
other right or remedy which the Landlord may be entitled to in terms of this Agreement, the Landlord may
deduct from the Tenant’s deposit the reasonable cost of repairing damage to the Premises and the cost of
replacing lost keys without consent of the tenant. The balance of the deposit shall be refunded to the Tenant by
the Landlord no later than 60 (sixty) days after the completion of any repair work performed by the Landlord or
his Property Practitioners.
29.4 At the request of the Tenant, the Landlord or Property Practitioner shall make all receipts/invoices which
indicate the cost of repairs effected in terms of Clauses 26.5 hereinabove available to the Tenant for inspection
as proof of the costs incurred by the Landlord.

30. TERMINATION
30.1 The Tenant may cancel the lease agreement but, must give the Landlord no less than 60 (sixty) days written
notice and confirm receipt of such written notice with the Landlord.
30.2 Should the Tenant cancel this Lease agreement before the lease period expires, the Tenant will be liable to pay
a reasonable cancellation penalty, calculated as follows:

Agent Commission R1,500.00* Per month for each remaining month of the lease agreement
Admin Fees R2,400.00 Admin fee for early termination (Once-Off)
Marketing Fees R500.00* Per month for each remaining month of the lease agreement
Inspection Fee R500.00* Special inspection due to Early Termination
To be
Repair Costs All repair costs if repairs are required after move out.
Determined
In the event that Legal action is taken: Any cost what so ever,
Legal Fees If applicable the Landlord will be entitled to recover all legal costs on a scale
as between attorney and client
Early termination of this lease agreement without consent as per section 14 (3)(b)(i) of the Consumer Protection Act
68 of 2008, early termination will lead to:
30.2.1 Withholding of your rental deposit.
30.2.3 Charge of penalties as per Par. 28.2 of the outstanding rent on the remaining term of this
Lease agreement.
30.2.4 Any/ all legal costs.
30.2.5 Interest at a rate of 18% per annum on the outstanding amount
30.2.6 Cancellation fees are payable within 7 days from date of notice to cancel the lease
agreement. It remains the Tenants responsibility to confirm that the agent has
received notice of termination as per Clause 28.2
30.2.7 The tenant may not choose to use the Deposit as payment towards early Termination fees or
outstanding rent and must pay all outstanding fees in full

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31. BREACH
31.1 Should any amount payable by the Tenant hereunder not be paid on due date or should the Tenant commit any
breach of any other provisions of this Agreement and should such amount not be paid or breach not be
remedied, as the case may be, within 7 (seven) days of receipt of written notice from the Landlord requiring the
Tenant to make such payment or to remedy such breach, then and in either event, the Landlord shall be
entitled to:
29.1.1 Cancel this Agreement with immediate effect, by giving 7 days notice to the Tenant to affect such
cancellation. Without prejudice to any claim that the landlord may have against the Tenant for any
arrear rental or for such damage or cost which the Landlord may suffer by reason of such breach
and/or cancellation.
31.2 In the event of the Landlord cancelling this Lease in accordance with his rights hereunder and in the event of the
Tenant disputing the right to cancel and remain in occupation of the Premises, the Tenant shall, pending
settlement of such dispute either by negotiation or by litigation or by determination of the Tribunal, continue to
pay an amount equivalent to the rent provided for in this Agreement in advanced as hereinbefore provided and
shall continue to pay, on the due date any other amounts for which he is responsible hereunder and the
Landlord shall be entitled to accept and recover such payments and the acceptance thereof shall be without
prejudice to, and shall not in any way whatsoever effect the landlord’s claim for cancellation.
31.3 Should the dispute be determined in favor of the Landlord, payment made and received in terms of Clause 29.2,
shall be deemed to be amounts paid by the Tenant on account of damages suffered by the Landlord by reason
of the cancellation of the Agreement and/or the unlawful holding over by the Tenant, but without prejudice to
any other claim which the Landlord may have against the Tenant for damages or otherwise. Should the dispute,
however, be determined in favor of the Tenant, payment made and received by the Landlord in terms of Clause
29.2 shall be deemed to be on account of rent payable by the Tenant in terms of this Agreement.

32. PROPERTY PRACTITIONER (AGENT)

32.1 Should the mandate of the Property Practitioner (Agent) be terminated during the Lease Period, the Landlord
shall notify the Tenant in Writing thereof and payments thereafter made by the Tenant to the Property
Practitioner (Agent) shall not be payments made due under this Agreement.
32.2 The Tenant consents to an ITC check by the Landlord/Property Practitioner (Agent).

33. CONSENT TO MAGISTRATES COURT JURISDICTION

The Tenant consents to the jurisdiction of any Magistrate’s Court with jurisdiction under Section 28 of the
Magistrate’s Court Act 19444, in regard to any legal proceedings instituted by the Landlord in terms of this
Agreement.

34. LEGAL COST

Should the Landlord have to take any legal action against the Tenant to enforce its rights and obligations in
terms of this Agreement, the Tenant shall pay all legal costs, including collection commission and all related
expenses, VAT and tracing costs, incurred by the Landlord on an attorney and client scale. The cost in regard to
any Notice given in terms of Clause 28 will be R950.00. The tenant will be liable for the payment of such costs.

35. DOMICILIA AND NOTICES

35.1 The Parties hereto choose their domicilium citandi et executandi for all purposes under this agreement at the
addresses set out below, and either party may at any time change its domicilium to any other address in the
Republic of South Africa (not being a post office box or post restante) on not less than 10 (ten) days written
notice to such effect to the other party:

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35.2 LANDLORD:
17 Catherine Street. Shere Agricultural Holdings, Pretoria East, 0081
TENANT:
The leased Premises as set out in the Pre-Emble hereto, must be a Physical Address

35.3 Any notice by or to either Party in terms of this Agreement shall be given in writing and shall be delivered by
hand, electronic transmission.

36. TENANTS WHO ARE FOREIGNERS

If the Tenant is not a citizen or permanent resident of South Africa, they confirm that they (a) are not in the
country in contravention of the Immigration Act (No 13 of 2002), and (b) have permission to be in the country
for the period of this Lease (including any renewal of this Lease) and provide proof hereof.

37. PARTIES MARRIED IN COMMUNITY OF PROPERTY

If any person signing this Lease is married In Community of Property, and insofar as this may be necessary, they
confirm that their spouse gave them permission to sign this Lease.

38. RELETTING OR SALE OF PREMISES

38.1 The Tenant shall give the Landlord or Agent or Landlord’s representative access at all reasonable times on 24
hours’ notice during the Lease Period and any Renewal period, for the purpose of showing interested third
parties the Premises; and
38.2 The Landlord or agent may affix a “To Let” or “For Sale” notice to or on the Premises during the last 3 (three)
months of the Leased period or Renewal Period.
38.3 If applicable. The Tenant takes note that the Property is currently in the market to be sold.
If the unit is sold to a Purchaser wanting to occupy the unit, the Developer will make another unit available in the
same Development for the tenant to be relocated.
Any costs involved in the relocation of the tenant will be for the tenant’s own cost.
The Rental Agent will give the tenant at least 2 months written notice if the unit was sold and the tenant needs to
be relocated.

Applicable to this unit: Yes / No

39. NO VARIATION
No variation of, or addition or agreed cancellation to this Agreement shall be of any force or effect unless it is
reduced in writing and signed by both Parties.

40. INDULGENCES
No relaxation, indulgence or concession granted by the Landlord to the Tenant in respect of any of his
obligations hereunder shall constitute a novation of any part of this Agreement nor otherwise prejudice,
derogate from, or affect, any right which the Landlord may have against the Tenant.

41. AGENT’S COMMISSION

The Agent’s commission, owing to the Agent for the Lease Period shall be payable by the Landlord, as set out in
the Mandate between the Landlord and the Agent. It is recorded and agreed that if this Lease is cancelled as a
result of the Tenant’s breach or if the Tenant purports to withdraw from the Lease after it has been accepted by
the Landlord, the Tenant shall be liable for such commission.
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42. CESSION
42.1 On date of registration of the property in the name of the new owner all the Landlord’s rights and obligations
will be ceded to the new owner.
42.2 It is the duty of the Agent to obtain a mandate from the new owner, from date of transfer of this unit, and to
communicate such with the Tenant.
42.3 In the event that the unit has transferred to a new owner, during the said Lease period, the deposit will be paid
over to the new owner.

43. GENERAL
43.1 Keys will only be handed over to the tenant, once the first month’s rent as per (1.7) the Deposit as per (1.8) and
contract fee as per (1.9) / par 40 has been received in full.

43.2 The tenant confirms they have read and understand the lease, that all necessary clauses have been explained by
the Landlord or the Property Practitioner, that they have further been advised of all their rights in terms of this
Lease, and the relevant sections of the Consumer Protection Act and that they sign this Lease freely and
voluntarily.
43.3 All items brought onto the Premises by the Tenant will serve as security for the Tenant’s compliance with their
obligations under this Lease. The Tenant may not give up their rights or possessions of the items or remove
them from the premises.

44. COSTS
The Tenant shall be liable for the costs of the preparation of this Agreement in an amount of R 2,000 shall be
paid in advanced on the date of signature hereof.

45. HOUSE AND BODY CORPORATE RULES

41.1 The Tenant undertakes to read and familiarize himself with any Rules. It is specifically recorded that the Rules
are an essential part of this Lease and that any breach of the Rules constitutes a Material Breach of this Lease.
Any penalties and/or losses which the Landlord may be liable for as a result of the Tenant breaching the Rules
may be deducted from the Deposit. A copy of the Rules (if applicable) will be given to the tenant upon final
signature of this Lease as part of the “Welcome/ Information Pack”
41.2 It is specifically recorded that should there be any discrepancy between the abovementioned Rules and any
municipal bylaws, then the municipal bylaws shall take precedence over any other Rules.

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 Property Details: UNIT NUMBER: 1456 COMPLEX NAME: IQ Thistle Creek

The following costs are payable within 5 (five) Days of the date of signing this lease agreement, to secure the unit:

Deposit: R9,500.00

Lease Preparation Fee/ Contract Fee: R2,000.00

1st Months Rent: R0.00

Total Amount Due on signing of this Lease: R 11,500.00

The 1stMonths rent is payable in full, before the Occupation date as set out in this Lease Agreement. Please note, Debit
orders are only processed from the 2nd Occupation month.

SIGNED BY THE TENANT:

Pretoria
AT _______________________ 16
ON THE __________ January
DAY OF ___________________ 23
20 _________
(IN THE PRESENCE OF THE UNDERSIGNED)

TENANT & WITNESSES:

__________________________ _____________________________
TENANT SIGNATURE: SPOUSE, CO-APPLICANT or WITNESS
SIGNATURE:

SIGNED BY THE LANDLORD:

Pretoria
AT ________________________
17 January
ON THE _________ DAY OF ____________________ 23
20 _________
(IN THE PRESENCE OF THE UNDERSIGNED)

____________________________
LANDLORD/ OWNER SIGNATURE:

SIGNED BY THE PROPERTY PRACTITIONER/S:

_______________________________ __________________________________
SIGNATURE: SIGNATURE:
CANDIDATE PROPERTY PRACTITIONER PROFESSIONAL PROPERTY PRACTITIONER
NAME & SURNAME: Roy Greybe ____ NAME & SURNAME: _____________________
PPRA FFC Number: 1184595
_____ PPRA FFC Number: ________________

17/01/2023
Date: Date:
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Annexure “A” : SURETYSHIP

Annexure “A”

I, the undersigned,

Tumelo Mokobi 931117 5345 083

[Insert full name and ID Number]

(“the Surety”)

Do herby bind myself as surety and co-principal debtor, jointly and severally with the Tenant to the Landlord for the
due and proper fulfilment of all obligations of the Tenant and the punctual payment of all sums which are or may
become due by the Tenant arising out of this Lease or the renewal of this Lease between the Landlord and the Tenant,
in terms of which the Landlord has let to the Tenant the Premises.

Surety;

16 January 2023 Pretoria

Date: Place:

Time: 18h23

Witness:

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Annexure “B” PROPERTY CONDITIONS DISCLOSERE:

IMMOVABLE PROPERTY CONDITION REPORT IN RELATION TO THE RENTAL OF ANY IMMOVABLE PROPERTY

1. DISCLAIMER:
This condition report concerns the immovable property situated at
IQ Thistle Creek
_____________________________________________________________ (the "Property"). This report does not
constitute a guarantee or warranty of any kind by the owner of the Property or by the property practitioners
representing that owner in any transaction. This report should, therefore, not be regarded as a substitute for any
inspections or warranties that prospective purchasers may wish to obtain prior to concluding an agreement of sale in
respect of the Property.

2. DEFINITIONS:
In this form –
2.1 "to be aware" means to have actual notice or knowledge of a certain fact or state of affairs; and
2.2 "defect" means any condition, whether latent or patent, that would or could have a significant deleterious or
adverse impact on, or affect, the value of the property, that would or could significantly impair or impact upon the
health or safety of any future occupants of the property or that, if not repaired, removed or replaced, would or
could significantly shorten or adversely affect the expected normal lifespan of the Property.

3. DISCLOSURE OF INFORMATION:
The owner of the Property discloses the information hereunder in the full knowledge that, even though this is not to be
construed as a warranty, prospective purchasers of the Property may rely on such information when deciding whether,
and on what terms, to purchase the Property. The owner hereby authorizes the appointed property practitioner
marketing the Property for sale to provide a copy of this statement, and to disclose any information contained in this
statement, to any person in connection with any actual or anticipated sale of the Property.

4. PROVISION OF ADDITIONAL INFORMATION:

The owner represents that to the best of his or her knowledge the responses to the statements in respect of the Property
contained herein have been accurately noted as "yes", "no" or "not applicable". Should the owner have responded to any
of the statements with a "yes", the owner shall be obliged to provide, in the additional information area of this form, a
full explanation as to the response to the statement concerned.

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5. STATEMENTS IN CONNECTION WITH PROPERTY:

YES NO N/A

I am aware of the defects in the roof.

I am aware of the defects in the electrical systems.

I am aware of the defects in the plumbing system, including in the swimming pool (if any).

I am aware of the defects in the heating and air conditioning systems, including the air filters
and humidifiers.

I am aware of the defects in the septic or other sanitary disposal systems.

I am aware of any defects to the property and/or in the basement or foundations of the
property, including cracks, seepage and bulges. Other such defects include, but are not limited
to, flooding, dampness or wet walls and unsafe concentrations of mold or defects in drain
tiling or sump pumps.

I am aware of structural defects in the Property

I am aware of boundary line dispute, encroachments or encumbrances in connection with the

Property.

I am aware that remodeling and refurbishment have affected the structure of the Property.

I am aware that any additions or improvements made to or any erections made on the
property, have been done or were made, only after the required consents, permissions and
permits to do so were properly obtained.

I am aware that a structure on the Property has been earmarked as a historic structure or
heritage site.

ADDITIONAL INFORMATION:
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
______________________________________________________________ _____________
6. OWNER’S CERTIFICATION:
The owner hereby certifies that the information provided in this report is, to the best of the owner's knowledge and belief,
true and correct as at the date when the owner signs this report.

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7. CERTIFICATION BY PERSON SUPPLYING INFORMATION:
If a person other than the owner of the property provides the required information that person must certify that he/she
is duly authorized by the owner to supply the information and that he/she has supplied the correct information on which
the owner relied for the purposes of this report and, in addition, that the information contained herein is, to the best of
that person's knowledge and belief, true and correct as at the date on which that person signs this report.

8. NOTICE REGARDING ADVICE OR INSPECTIONS:

Both the owner as well as potential tenant of the property may wish to obtain professional advice and/or to undertake a
professional inspection of the property. Under such circumstances adequate provisions must be contained in any
agreement of rent to be concluded between the parties pertaining to the obtaining of any such professional advice and/or
the conducting of required inspections and/or the disclosure of defects and/or the making of required warranties.

9. TENANT’S ACKNOWLEDGEMENT:
The prospective tenant acknowledges that he/she has been informed that professional expertise and/or technical skill
and knowledge may be required to detect defects in, and non-compliant aspects concerning, the property. The
prospective tenant acknowledges receipt of a copy of this statement.

10. SIGNATURES:

Pretoria 17/01/2023
Signed at _______________________________on_____________________________

Signature of Owner/s __________________________

Pretoria 16 January 2023

Signed at _______________________________on_____________________________

Signature of Tenant __________________________

Signature of Property Practitioner __________________________

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