Title Page
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Site conducted
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Conducted on
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Prepared by
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Location
Untitled Page
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Unit 246 Sparrowgate ESTIENT Lifestyle Estate Sparrow Gate 1 Lark Street Meredale 2096
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Commencement Date:
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LEASE AGREEMENT
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PARTIES
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INTERPRETATION
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LEASE
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DURATION
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RENT
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ADDITIONAL CHARGES
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PAYMENTS
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DEPOSIT
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INSURANCE
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ASSIGNMENT AND SUBLETTING
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SUNDRY DUTIES OF THE LESSEE
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MAINTENANCE AND REPAIRS
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ALTERATIONS, ADDITIONS, AND IMPROVEMENTS
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EXCLUSION OF LIABILITY INDEMNITY
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LESSOR'S RIGHTS OF ENTRY AND CARRYING OUT WORKS
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RESTORATION OF PREMISES
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RULES
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PARKING
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DAMAGE OR DESTRUCTION OF PREMISES
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SPECIAL REMEDY FOR BREACH
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NEW TENANTS AND PURCHASERS
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DOMICILIA AND NOTICES
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WHOLE AGREEMENT
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NON-WAIVER
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SALE
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TERMINATION BY DEATH
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PARTIES
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The parties to this lease are:
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1.1
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THANDEKA MCUNU 781213 0272082; and
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1.2
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MANDLA SHONE SITHOLE 830505 7386 083 ("Lessee").
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INTERPRETATION
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In this lease, except in a context indicating that some other meaning is intended,
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2.1.1
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"Building" means the building/s situated on the Property, and includes, where the context so allows, all permanent improvements on the Property;
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2.1.2
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"Day" means any day of the week, excluding Sundays and public holidays;
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2.1.3
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"Lease Period" means the period for which this lease continues, including any period for which it is renewed;
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2.1.4
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"Month" means a calendar month, and more specifically:
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2.1.5
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a month of the calendar, that is, one of the 12 months of the calendar,
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2.1.6
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and "Monthly" has the corresponding meaning;
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2.1.7
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"Premises" means unit number 246;
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2.1.8
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"Year" means a period of 12 consecutive Months starting on the date on which this lease comes into operation or any anniversary of that date;
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2.1.9 references to notices, statements and other communications by or from the Lessor include notices by or from the Lessor's agent;
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2.1.10 expressions in the singular include the plural, and the other way round;
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2.1.11 words and phrases indicating natural persons refer also to juristic persons, and the other way round; and
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2.1.12 pronouns of any gender include the corresponding pronouns of the other gender.
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2.2 Any provision of this lease placing a restraint, prohibition, or restriction on the Lessee must be interpreted to include the implied term that the Lessee must ensure that everybody occupying or entering the Premises or any other part of the Property or the Building also complies with them. Those people include the family, guests and domestic worker/s or other employees of the Lessee.
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2.3 Clause headings appear in this lease for purposes of reference only and must not influence the proper interpretation of the subject matter.
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LEASE
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The Lessor lets and the Lessee leases the Premises on the terms of this lease.
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DURATION
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This lease will start on 01 AUGUST 2021 and will continue till 30 July 2022. Either party may terminate the Lease on one Month's written notice to the other, without any reason/s being required.
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RENT
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The rent payable will be R 6 300.00 (Six Thousand, Three Hundred Rand) per Month and such amount will escalate by 10 % each year (1 August).
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The Lessee must pay the rent Monthly in advance on or before the 2nd day of every Month.
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ADDITIONAL CHARGES
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Any additional fees sent by the Managing Agent relating to misconduct of the Lessee will be borne by the lessee;
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Monthly water usage more than R280 will be charged to the lessee;
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PAYMENTS
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The Lessee must pay all outstanding amounts due to the Lessor into the following account:- Account Name Thandeka Mcunu Account Number 62242445478 Bank First National Bank Branch Bankcity Branch Code 250655 Reference Lessee's name or to such other person, if any, at such other place, if any, as the Lessor has designated for the time being by written notice to the Lessee.
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The Lessee may not withhold, defer, or make any deduction from any payment due to the Lessor, even if the Lessor is indebted to the Lessee or in breach of any obligation to the Lessee.
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DEPOSIT
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Upon signature hereof, the Lessee must pay a deposit of R 6 300.00 The Lessor can set off this amount against any amount owed to it in terms of this Agreement.
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If the Lessor sets off the deposit against money the Lessee owes, the Lessee must pay in the amount to make up the difference outstanding in terms of the deposit.
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As soon as the Lessee has fulfilled all of its obligations in terms of the lease or after the lease has come to an end, the Lessor must refund, the amount of the deposit not applied in 8.1 and 8.2 above
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The Lessee does not require the deposit to be invested in an interest-bearing account.
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The deposit must be paid into the following account:- Account Name Thandeka Mcunu Account Number 62242445478 Bank First National Bank Branch Bacnkcity Branch Code 250805
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Reference
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Lessee's Name
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INSURANCE
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The Lessee must not keep or do anything on the Premises that may increase any of the risks against which the Building is insured. This applies to the extent that the insurance of the Building is made void or voidable or the premiums of the insurance are, or may be, increased.
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Without prejudice to any other right of action or remedy the Lessor might have, the Lessor may claim full payment of the increase in insurance premiums from the Lessee for the Building because of this breach.
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For the purposes of the above provisions, the Lessee may assume that the Building is at all material times insured against risks, on terms, for amounts, and at such premiums that are normal for similar buildings in similar locations.
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ASSIGNMENT AND SUBLETTING
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The Lessee may not, except with the prior written consent of the Lessor, cede or assign (give away) all or any of its rights and obligations under this agreement, sublet the Premises in whole or part or give up possession of the Premises to any third party.
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SUNDRY DUTIES OF THE LESSEE
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Keep the Premises clean, tidy, and habitable.
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Not use the Premises or allow them to be used, in whole or part, for any purpose other than that of a private dwelling.
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Take all reasonable measures to protect the Premises and all of its parts (including all fixtures, fittings, accessories, appliances and keys) from abuse, damage, destruction and/or theft.
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Not place or leave any article or other thing in or about any passage, stairway, pathway, parking bay, or other common parts of the Building, to cause a nuisance or obstruction.
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Not bring anything into the Premises or the Building which, because of its weight or other characteristics, might cause damage to the Building or the Premises.
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Not disobey any of the conditions of title of the Property or any of the laws, rules or regulations affecting owners, tenants or occupiers of the Property or the Building.
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Not cause or commit any nuisance, disturbance or violence on the Property or cause any annoyance or discomfort to other tenants or occupiers of the Building.
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Not leave refuse or allow it to build up in or about the Premises except in the refuse area provided.
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Not interfere with the electrical, plumbing, or systems serving the Premises or the Building.
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Not allow more than 4 persons to reside in the Premises at the same time.
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RESPONSIBILITIES
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Not keep any live animals or birds on the Premises except with the prior written consent of the Lessor;
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Take all reasonable measures to prevent blockages and obstructions from occurring in the drains, sewerage pipes and water pipes serving the Premises;
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Provide at all electric, fluorescent, and incandescent light bulbs required in the Premises at its own cost;
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Take all reasonable steps to preserve the Premises in the same condition in which they were delivered at the commencement of the lease;
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Not drive or permit to be driven any nails or screws into the walls or ceilings of the Premises, without the Lessor's written consent, and in a manner that causes damage;
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Not use any electrical appliance or equipment which will overload the electrical installation nor interfere with any wiring or power installation in the Premises;
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Insure all of its items in the Premises;
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Obey the rules of the complex;
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MAINTENANCE AND REPAIRS
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The Lessee must at his or her own expense and without recourse to the Lessor:
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Keep the interior and exterior of the Premises and all parts of it in good order and condition, including all gardening, electrical installations, plumbing, windows, doors, appurtenances and fixtures and fittings;
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By first obtaining the Lessor's written consent, promptly repair or restore all damage to the interior and exterior of the Premises during the Lease Period. Alternatively, and at the Lessor's discretion, reimburse the Lessor for the costs of so doing;
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On the termination of this lease, return the Premises and all its parts (including all keys, remotes, panic buttons etc.) to the Lessor in good order, condition and repair, fair wear and tear excepted;
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If the Lessee notifies the Lessor in writing within 60 days after signature hereof that the Premises:
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Needs repairs; or
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Of the fact that any part of the Premises, including any lock, key, door; window, fixture or fitting, is damaged, missing or out of order, the Lessor must promptly repair or replace the damaged item at its own expense;
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If the Lessee does not give such notice, it will be regarded as an acknowledgement by the Lessee that the Premises and all parts of it were intact, in place and in good order, condition, and repair when the Lessee took possession of the Premises under this lease;
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The Lessor is responsible for the maintenance, repair and replacement that becomes necessary in or to, the Building and all parts of it other than those which are the responsibility of tenants or of the local authority. The Lessor's obligations include the maintenance and repair of the structure of the Building, the roofs, the exterior walls;
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If the Lessee fails to carry out any of its obligations under this lease with regard to any maintenance, repair, or replacement, the Lessor may, without prejudice to any of its other rights or remedies, do a maintenance, repair, or replacement and recover the full costs from the Lessee on demand.
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Can the Lessee make alterations or additions to the Premises without the Lessor's prior written consent?
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No.
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If the Lessee alters, adds to, or improves the Premises, what must the Lessee do upon the Lessor's request in writing after lease termination?
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Restore the Premises to their original condition.
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Who do improvements made to the Premises belong to?
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The Lessor.
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Does the Lessee have a right of retention in respect of any improvements made to the Premises?
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No.
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Can the Lessee claim compensation from the Lessor for any improvement to the Premises unless made with the Lessor's prior written consent?
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No.
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Can the Lessee have any claim against the Lessor for compensation for any improvement to the Premises?
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No.
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Can the Lessee withhold or delay any payment due to the Lessor by reason of the Lessor's breach of obligations under the lease?
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No.
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Lease Conditions
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The Lessee agrees to maintain the Premises and perform necessary repairs.
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Lessor's Rights of Entry
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Lessor's representatives can enter the Premises for inspections, repairs, or other lawful functions.
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Restoration of Premises
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A joint inspection will be conducted before termination to assess any damage to the Premises.
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The Lessor can use the deposit to cover repair costs or lost keys/remotes.
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Failure to inspect by the Lessor within the specified time deems the Premises as restored.
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If Lessee fails to respond to inspection, Lessor can deduct repair costs from the deposit.
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Agreement deemed to have expired if Lessee vacates Premises without notice.
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Rules
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Additional rules may be specified on Page 7.
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The Lessee must at all material times comply with the rules and regulations as laid down in writing by or on behalf of the Lessor for tenants and other occupiers of the Property and their invitees, including, inter alia, rules and regulations in connection with: the security of the Property and the protection of persons and property thereon, including in particular (again without generality being restricted) any rules for the control and identification of persons and vehicles entering the Property or any parts thereof; the driving and parking of vehicles on or about the Property; and the utilization of common amenities and facilities on the Property.
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Clause 17.1 must not be interpreted as implying that the Lessor assumes any liability which it would not otherwise have had for the subject matter of any such rule or regulation.
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The Lessee will have the exclusive use of parking bay number/s 246 at no additional charge.
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All the terms of this lease relating to the Premises themselves will apply mutatis mutandis (in the same way with necessary changes) to the parking bay/s except those which are obviously inapplicable.
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The parking arrangement in terms of clause 18.1 will end simultaneously with this lease.
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If the Premises are destroyed or so damaged that they can no longer be beneficially occupied, this lease will terminate when that happens, unless the parties agree in writing otherwise.
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If the Premises are significantly damaged but can still be beneficially occupied, this lease will continue and the Lessor must repair the damage without delay. The rent must then be abated (lessened) to compensate the Lessee fairly for the effects on the enjoyment of the Premises.
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If either of the Parties caused any damage or destruction to the Premises, the other may still pursue another alternative or additional action or remedy, despite clauses 19.1 and 19.2.
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If the Lessee defaults in any payment due under this lease or breaches any other terms, and fails to remedy such default or breach within 7 Days after receiving a written / verbal demand that it be remedied, the Lessor may without further notice: cancel this lease with immediate effect, take back possession of the Premises, recover damages from the Lessee for the default or breach and the cancellation of this lease. This will not affect any other rights or remedies which the Lessor's might have.
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Clause 20.1 does not exclude the ordinary lawful consequences of breach (except those that are expressly excluded by any of the other provisions of this lease) and in particular any right of cancellation of this lease on the ground of a material breach going to the root of this lease. If the Lessor cancelled this lease justifiably but the Lessee remains in occupation of the Premises, with or without disputing the cancellation, and continues to pay rent and any other amounts which would have been payable to the Lessor if it was not for the cancellation, the Lessor may accept these payments without prejudice to and without affecting the cancellation, as if they had.
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DOMICILIA AND NOTICES
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The parties choose as their address for legal notices, the addresses mentioned in clause 22.2 below. Either party may change such address by giving the other party written notice containing the new details.
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Addresses: 11 Cosmos Drive Morningside Manor Ext 2 Sandton 2196 Email: Thandeka.mcunu@gmail.com The Lessee: (e-mail)
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Any communication or notice required or permitted to be given in terms of this agreement shall only be valid and effective if in writing and if sent to the domicilium, including the email as per 22.2 above.
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Any notice to a party delivered at its domicilium shall be deemed to have been received on the day of delivery, or if sent by email, shall be deemed to have been received on the date of the despatch.
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Notwithstanding anything to the contrary herein contained, a written communication or notice actually received by a party shall be adequate notice to it notwithstanding that it was not sent or delivered to its chosen domicilium.
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WHOLE AGREEMENT
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This is the entire agreement between the parties on the subject.
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Neither party relies in entering into this lease upon any warranties, representations, disclosures or expressions of opinion which have not been incorporated into this agreement as warranties or undertakings.
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No variation or consensual cancellation of this lease will be of any force unless reduced to writing and signed by both parties.
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NON-WAIVER
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No extension of time or indulgence must be interpreted as a waiver (giving away) of any right in terms of this lease that one party may have against the other.
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The failure of either party to comply with any non-material provision of this lease will not excuse the other party from performing its obligations fully and on time.
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SALE
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The validity of this lease will not in any way be affected if the Lessor sells the Premises, Building or Property.
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In the event of a sale, the purchaser will be substituted as the lessor and acquire all rights and responsibilities under this lease in the same way as the current Lessor.
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TERMINATION BY DEATH
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This lease will terminate with the death of the Lessee.
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Moving In
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Kitchen
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Door intact
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Key to property provided
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Cupboards (bottom)
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Cupboards (top)
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Stove
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Oven
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Sink with stoppers
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Blinds (open & close)
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Windows (open and close)
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DB Board
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Prepaid electricity meter (Landis+Gyr)
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Washing machine plumbing
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Light switch
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Walls
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Tiles
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Lights and light cover
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Lounge and balcony
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Light switch
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Walls
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DSTV connection
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Plugs
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Windows (open and close)
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Key to balcony provided
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Lights and light cover
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Balcony light
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Tiles (balcony and lounge)
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Curtain rail
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Moving Out
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Kitchen
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Door intact
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Key to property provided
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Cupboards (bottom)
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Cupboards (top)
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Stove
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Oven
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Sink with stoppers
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Blinds (open & close)
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Windows (open and close)
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DB Board
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Prepaid electricity meter (Landis+Gyr)
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Washing machine plumbing
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Light switch
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Walls
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Tiles
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Lights and light cover
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Lounge and balcony
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Light switch
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Walls
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DSTV connection
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Plugs
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Windows (open and close)
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Key to balcony provided
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Lights and light cover
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Balcony light
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Tiles (balcony and lounge)
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Curtain rail
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Area
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Moving In
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Moving In
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Comment
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Moving Out
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Moving Out
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Comment
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Bathroom
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Door
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Shower
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Shower taps
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Glass
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Toilet intact and can flush
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Tiles
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Light
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Bathtub with stopper
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Sink with stopper
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Medicine cabinet with mirror
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Main Bedroom
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Walls
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Windows
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Curtain rail
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Built in cupboards
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Tiles
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Guest Bedroom
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Walls
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Windows
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Curtain rail
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Built in cupboards
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Tiles
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