DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

DEBIT ORDER INSTRUCTION

ACCOUNT HOLDER’S NAME: │BANK: │ACCOUNT NO:

BRANCH: BRANCH CODE: │AMOUNT: │COMMENCEMENT DATE:

SIGNATORIES

LANDLORD: TENANT 1: TENANT 2:

SPOUSE: SPOUSE: SPOUSE:

( if married in COP) (if married in COP) (if married in COP)

DATE: DATE: DATE:

RENTAL AGENT: DATE:

DECLARATION BY OCCUPANT

I/We the undersigned:

(the surety/ies)

Hereby bind myself/ourself as surety/ies and co principal debtor/s for all the obligations of the Tenant to the Landlord as set out in this lease
agreement. I/we hereby bind myself/ourselves to the General Conditions of the Lease and the Conduct Rules pertaining to the Premises
Leased, for the duration of the said lease agreement and any extension of the Lease the Landlord may grant the Tenant.

I/we acknowledge receipt of the General Conditions of Lease and the Conduct Rules governing the Premises and confirm that I/we have
read and understand the contents thereof and agree to abide by the terms and conditions.

Signed at on 2015

OCCUPANT 1 OCCUPANT 2

Page | 2
DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

GENERAL CONDITIONS OF LEASE

1. DEFINITIONS

In these General Conditions of Lease the following words shall have the meaning indicated, unless the context clearly indicates
otherwise:
th
1.1. “Agent” means Faircape Leasing CC, 6 FLOOR THE TERRACES, 25 PROTEA ROAD, CLAREMONT, 7708.

1.2. "Body Corporate" means the body corporate of the block of flats in which the Premises are situated and which was
established under the Sectional Titles Act No 95 of 1986 (as amended), if applicable;

1.3. " Building" means the building in which the Premises are situated, if applicable;

1.4. " Commencement Date" means the date upon which the lease commences, as stated in the Lease Agreement;

1.5. “General Conditions of Lease” means these general conditions of lease which are applicable to the Lease Agreement
and binding upon the parties;

1.6. “Landlord” means the owner of the Premises, as stated in the Lease Agreement;

1.7. “Lease Agreement” means the lease agreement entered into by the Tenant and Landlord in respect of the hire of the
Premises;

1.8. “Outgoing Inspection” means the inspection held by the Landlord or Agent and the Tenant on expiry or termination of the
lease to determine the state of the Premises;

1.9. " Premises" means the premises let in terms of the Lease Agreement and all the Landlord's fixtures, fittings, appliances,
equipment and electrical and sanitary installations therein and appertaining thereto;

1.10. "Rules" means the rules adopted by the Body Corporate from time to time under the said Act, if applicable.

1.11. “Tenant” means the tenant as stated in the Lease Agreement.

Words importing any one gender shall include the other too and words importing the singular shall include the plural and vice
versa.

2. LEASE PERIOD AND EXPIRY OF LEASE

2.1. The Lease shall be for the period stated in the Lease Agreement.

2.2. On expiry of the lease, the Tenant shall vacate the unit on the last day of the month by not later than 12 noon and deliver
the keys to the Agent.

3. RENTAL AMOUNT

3.1. The rental payable in respect of the Premises is as set out in the Lease Agreement (and a pro rata amount shall be paid
in respect of an uncompleted month).

3.2. The Tenant shall pay the rental to the Landlord by means of a debit order, monthly in advance, on or before the
first day of each calendar month commencing on the Commencement Date. The payment shall be free of bank
charges, without deduction or set-off of any amount that may be owing between the Tenant and Landlord. If the
Tenant’s salary is not paid on the last working day of the month, the debit order will be processed on the date that the
Page | 3
DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

Tenant’s salary is paid to him. Should no payment be received within 7 (seven) days from the date it was due, then a
penalty equivalent to 10% (ten percent) of the monthly rental will be charged.

3.3. The obligations of the Tenant in terms of this clause 3 shall only be considered to have been complied with once the
rental is actually received by the Landlord, on or before the due date. Should the debit order be returned by the bank
an administration fee of R400.00 (four hundred Rand) will be charged by the Agent to the Tenant, which fee must be
paid immediately upon request.

4. USE OF THE PREMISES

4.1. The Premises shall only be used for residential accommodation. The garage and/or parking bays shall only be used for
parking vehicles.

4.2. The number of persons living in the Premises shall not exceed the number stated in the Lease Agreement (except in
special circumstances for a short duration and with the consent of the Landlord or the Agent, and subject to the Rules
of the Body Corporate), if applicable to this Lease Agreement.

4.3. The Tenant shall not keep or permit to be kept on the Premises any animals or birds of any nature whatsoever.

4.4. The Tenant shall not park any vehicles in the grounds of the Building except in the garage or parking bay or where a
special area is provided for the general use of tenants.

5. ADDRESS FOR LEGAL NOTICES

The physical address given in the Lease Agreement will be the address where summonses and legal documents and notices
can be served or sent to by registered post, by the Landlord to the Tenant. All communications to the Landlord by the Tenant in
terms of or arising out of the Lease Agreement and these General Conditions of Lease shall be in writing sent by post or
th
delivered by hand to the Agent at 6 Floor, The Terraces, 25 Protea Road, Claremont, 7708

6. DEPOSIT

6.1. The Tenant shall pay to the Landlord on signature of the Lease Agreement by the Tenant a deposit amount as indicated
in the Lease Agreement. The deposit shall be retained by the Landlord in an interest bearing trust account, interest
accruing for the benefit of the Tenant, until the expiration or earlier termination of the Lease or any renewal thereof,
whereupon the Landlord shall be entitled to deduct there from any amount owing by the Tenant to the Landlord arising
out of any cause whatsoever. The balance of such deposit, if any, shall be refunded to the Tenant within 14 (fourteen)
working days from the date of the Outgoing Inspection. The Tenant shall not be entitled to the refund of the deposit until
such time as the amount owing by the Tenant to the Landlord has been finally ascertained.

6.2. Without prejudice to the Tenant's obligations in terms of clause 7.2(e), but subject to the provisions of clause 6.1 above,
the Landlord may at any time during the currency of the Lease demand from the Tenant a deposit to cover the cost of
removing any fitted carpets which the Tenant installed in the Premises. Such deposit shall be an amount determined by
the Landlord in his reasonable discretion, and the Landlord shall be entitled to deduct from that deposit the cost of
making good any damage caused by the installation or removal of such carpet. The balance, if any, shall be refunded to
the Tenant.

7. TENANT’S OBLIGATIONS

The Tenant:

7.1.1 shall pay for all electricity and gas consumed by the Tenant in or on the Premises;

7.1.2 shall pay for all water consumed by the Tenant in or on the Premises in the event of the Premises being freehold and not
sectional title;

Page | 4
DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

7.2 (a) shall keep and maintain in good order and condition (and repair and replace if necessary), at the Tenant’s
cost, the interior of the Premises, including all the Landlord's fixtures, fittings, equipment and appliances
therein which includes all water taps, washers, waste plugs, lavatory pans and cisterns, hand basins, baths,
hot water cylinders, interior plumbing, electrical fuses, locks, keys, wall tiles, door handles, windows (including
glass, catches and fittings), doors, light bulbs, fluorescent tubes, starters and ballast in respect thereof. On
termination of the Lease Agreement the Tenant shall deliver the Premises to the Landlord in good order and
condition (fair wear and tear excepted);

(b) shall not insert or drive any nails or screws or any other material in or upon the floors, walls, ceilings or any
other part of the Premises, without the written consent of the Landlord, nor shall the Tenant make any writings
or scratchings in or upon or otherwise deface any portion of the Premises;

(c) shall make good any damage caused to the Premises or the Building as a result of the transport of any
furniture or other articles in or out of the Premises;

(d) shall keep the Premises in a clean, tidy and sanitary condition;

(e) shall repair any damage to the walls, doors and floors of the Premises caused by the removal of the fitted
carpets at the termination of the Lease;

7.3 shall not make any alterations or additions of any nature whatsoever to the Premises or the Building;

7.4 (a) shall notify the Landlord in writing 7 (seven) days after the Commencement Date of any defects in the
Premises (including defects in respect of the items referred to in sub-clause 7.2 (a) above);

(b) shall, if he has not notified the Landlord as aforesaid, be deemed to have acknowledged that the Premises
(including the items referred to in (a) above) were received in good order and condition;

7.5 (a) shall not install any air-conditioner or like device on or adjacent to any window of the Premises;

(b) shall not hang anything on the outside of the Premises or Building or on the veranda of the Premises or any
position so as to cause the Building to look unsightly or untidy;

7.6 (a) shall not cede nor make over any of its rights, delegate any of its obligations, or mortgage, pledge or
encumber any of its rights under the Lease Agreement and these General Conditions of Lease ;

(b) shall not sub-let, permit anyone else to occupy, or part with possession of the Premises or any part thereof;

(c) shall, if the Landlord or its Agent at the Tenant’s request arranges for another person to lease the Premises
for the unexpired portion of the Lease Agreement, pay that Agent advertising costs and commission on its
normal scale in respect of the letting for that unexpired portion;

7.7 shall ensure that refuse does not remain on or outside the Premises, save in the place provided therefore;

(a) shall use its best efforts to prevent any blockage of sewerage, water pipes or drains in or connected with the
Premises;

Page | 5
DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

(b) shall remove at the Tenant’s cost any obstruction of blockage in any sewerage, water pipes or drains serving
the Premises exclusively, and where necessary repair the sewer, pipe or drain concerned;

7.8 shall not do anything or permit anything to be done in or on the Premises which may or may not become a nuisance or
annoyance to or in any way interfere with the comfort of the other occupants of the Building. Without derogating from
the generality of the aforegoing, the Tenant shall not allow the use of any musical instrument, wireless or T.V. in the
Premises at such times and in such manner as may be a nuisance or annoyance to any other occupants in the Building,
if applicable;

7.9 shall not have any contractual or delictual claim for damages (direct or consequential) against the Landlord for any
loss, damage or injury which the Tenant may directly or indirectly suffer by reason of:

7.9.1 any latent or patent defects in the Premises or Building;

7.9.2 fire in the Premises;

7.9.3 the Premises or the Building or any part of the Premises of the Building being in a defective condition or state
or disrepair or any particular repair not being effected by the Landlord timeously or at all;

7.9.4 arising out of the functioning or malfunctioning of the air-conditioning, lift or escalator (if any) serving the
Premises;

7.9.5 arising out of the unlawful occupation of any other person of the garage/parking bay forming portion of the
Premises;

7.9.6 arising out of any defect in the water, gas or electricity supply to the Premises;

7.9.7 arising out of harm caused by extreme natural forces or otherwise accidentally and beyond the Landlord's
control;

7.9.8 arising out of any act or omission by any other Tenant of the Building;

7.9.9 arising out of a change of the Building's name, its facade appearance or any other feature thereof;

7.9.10 arising in any manner whatsoever out of the use for any purpose whatsoever of any parking bay or garage or
any lift or escalator in the Premises or Building; or

7.9.11 arising from any other cause whatsoever

7.10 shall comply with the Management and Conduct Rules applicable to the Premises as may be amended from time to
time.

7.11 acknowledges that he/she has read and understood the contents of the aforesaid Management and Conduct
Rules and agrees to be bound by the terms and conditions;

7.12 acknowledges that no caretaker, superintendent or other such employee of the Landlord has any ostensible or
actual authority to agree to or sign any document recording any alterations or variations of the Lease
Agreement or these General Conditions of Lease or waive compliance with any of the Tenant’s obligations
under the Lease Agreement and these General Conditions of Lease on behalf of the Landlord.

Page | 6
DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

8 LANDLORD’S DUTIES

The Landlord:

8.1 shall procure that the Body Corporate and/or the Landlord, whichever applicable, keeps and maintains the exterior,
structure and roof of the Premises (except the glass in the windows and doors of the Premises) in good order and
condition;

8.2 may, at any time, have reasonable access to the Premises for the purpose of inspecting the Premises or any part of
the Building or for showing prospective Tenants or buyers the Premises or for any other reasonable purpose, repair or
add to the Premises, alter the Premises when required to do so by any lawful authority; The Landlord or the Agent
shall be entitled to impose a R500.00 penalty upon the Tenant for each instance where access is denied, provided that
reasonable notice has been given to request such access, except in the case of an emergency where access shall be
immediately granted.

8.3 shall, if Premises forms part of a sectional title scheme as defined in terms of the Sectional Titles Act and there is no
separate water meter in respect of the Premises, procure that the Body Corporate pays for all water consumed in or on
the Premises, provided that the Landlord may at any time install a separate water meter in respect of the Premises.

9 DESTRUCTION OF THE PREMISES

9.1 Should the Premises or the Building be so damaged or destroyed so as to render the Premises unfit for the purposes for
which it had been hired and it is not reasonably possible to reinstate the Premises or the Building within a period of 60
(sixty) days from the date of such damage or destruction then the Lease Agreement shall terminate.

9.2 Should the Premises or the Building be so damaged or destroyed so as to render the Premises unfit for the purposes for
which it has been hired, but it is reasonably possible to reinstate the Premises or the Building within a period of 60 (sixty)
days from the date of such damage or destruction, then (unless the Landlord terminates the Lease Agreement by written
notice to that effect to the Tenant - in which case the Lease Agreement shall terminate):-

(a) The Lease Agreement shall not be terminated and the Landlord shall at its cost reinstate the Premises
substantially to its previous state as quickly as it is possible in the circumstances.

(b) The Tenant shall not be liable for any further rent for as long as it is deprived of beneficial occupation of the
whole of the Premises.

(c) The period of the Lease shall be extended by the period during which the Tenant is deprived of beneficial
occupation of the whole of the Premises.

10 BREACH

10.1 Should the Tenant:

10.1.1 fail to pay any amount due by the Tenant in terms of the Lease Agreement and/or these General Conditions
of Lease on the due date: or

10.1.2 commit or allow the commission of any other breach of the Lease Agreement and/or these General
Conditions of Lease and fail to remedy that breach within a period of 7 days or such longer period as may be
required in law; or

10.1.3 repeatedly breach any of the terms of the Lease Agreement and/or these General Conditions of Lease in such
a manner as to justify the Landlord in holding that the Tenant's conduct is inconsistent with the intention or
ability of the Tenant to carry out the terms of the Lease;

Page | 7
DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

then and in any such events, the Landlord shall without prejudice to its right to damages or to its right to eject the
Tenant from the Premises or to any other claim of any nature whatever that the Landlord may have against the Tenant
as a result thereof, the Landlord (or his Agent) shall, at his election be entitled to:

10.1.4 cancel the Lease Agreement and/or claim all arrear payments owing, and

10.1.5 recover the total cost incurred by the Landlord in so doing from the Tenant.

10.2 Should the Landlord institute action against the Tenant pursuant to a breach by the Tenant of the Lease Agreement
and/or these General Conditions of Lease , then without prejudice to any other rights which the Landlord may have, the
Landlord shall be entitled to recover all legal costs incurred by it, including charges levied by the Landlord’s Attorney to
the Landlord as its own client, tracing fees and such collection commission as the Landlord is obliged to pay to its
attorneys, from the Tenant.

10.3 The Tenant shall not be entitled to withhold, delay or abate payment of any amounts due to the Landlord in terms of
the Lease Agreement and/or these General Conditions of Lease pending resolution of any dispute in terms of the
Lease.

10.4 Should the dispute between the Landlord and the Tenant be determined in favour of the Landlord then the payments
made to the Landlord in terms of clause 10.3 above shall be regarded as damages paid by the Tenant on account of
the loss sustained by the Landlord as a result of the holding over and unlawful occupation by the Tenant of the
Premises.

10.5 The Landlord shall be entitled at its option to institute any legal proceedings which may arise out of or in connection
with the Lease Agreement and/or these General Conditions of Lease in any Magistrate's Court having jurisdiction in
respect of the Tenant's person, notwithstanding the fact that the claim or value of the matter in dispute might exceed
the jurisdiction of such Magistrate's Court in respect of the cause or action.

10.6 Without prejudice to any of the other rights or remedies of the Landlord, the Tenant shall pay interest at prime overdraft
rate, as determined by First National Bank, plus 2% (two percent), per year on all overdue amounts (rentals or
otherwise due by it to the Landlord) in terms of or arising out of the Lease Agreement and/or these General Conditions
of Lease , calculated from the due date to date of payment.

11 RECORD OF THE AGREEMENT BETWEEN LANDLORD AND TENANT

11.1 No variation of the Lease Agreement and these General Conditions of Lease shall be of any force or effect unless it is
in writing and is signed by both the Landlord and the Tenant.

11.2 The Lease Agreement and these General Conditions of Lease contain all the terms and conditions of the agreement
between the Landlord and the Tenant. The parties acknowledge that there are no understandings,
representations or terms between the Landlord and the Tenant in regard to the letting of the Premises other
than those set out in the Lease Agreement and these General Conditions of Lease .

11.3 No indulgence, waiver or concession to the Tenant in regard to payment of rental or otherwise shall bind the Landlord
or amount to a re-instatement of the Lease Agreement. It is specifically agreed that payment of rental (or any other
amount) by way of cheque is an indulgence to the Tenant and that the Landlord shall be entitled without prior notice to
the Tenant and without giving reasons to demand payment in cash. It is furthermore agreed that should any cheque
given by the Tenant be dishonoured or unpaid by the bank and the Tenant either gives the Landlord/Agent another
cheque or requests that the original cheque be re-deposited, the Landlord/Agent shall be entitled to recover from the
Tenant a minimum administration fee of R60.00 (sixty Rand) per cheque, per deposit or clearance.

12 ESCALATION OF RENTAL AFTER 12 MONTHS

The Tenant agrees and accepts that the rental payable in terms of the Lease Agreement shall escalate at a rate of 10% (ten
percent) after each 12 (twelve) month period following the Commencement Date.

Page | 8
DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

13 CLEANING, FUMIGATION, LIFTING OF CARPETS

Subject to the provisions of clause 14 below:

13.1 the Tenant agrees and accepts that the carpets in the Premises will be cleaned by a Landlord approved professional
carpet cleaning company upon expiry of the lease. All costs for the Tenant’s account;

13.2 should fumigation, as determined by the Landlord, be necessary, such expense shall be for the Tenant’s account;

13.3 the Tenant agrees and accepts that the unit will be cleaned by a Landlord approved professional cleaning company
upon expiry of the lease. All costs to the Tenant’s account.

14 INSPECTIONS AND REPAIRS

14.1 The tenants agrees to make themselves available during normal working hours, every 6 (six) months for inspections,
as well as for outgoing inspections when the tenant wishes to terminate the lease and vacate.

14.2 Should the Outgoing Inspection reveal that cleaning and/or repair work in and to the Premises is required, the Agent
shall procure that such cleaning and/or repair work is carried out by Landlord approved professionals, the costs of
which (together with a reasonable administration fee) shall be for the Tenant’s account.

14.3 The Agent and/or Landlord may apply any of the deposit and the interest accrued thereon towards the payment of the
costs and/or fees of such cleaning and/or repair work, as contemplated in clause 14.2 above.

14.4 Should the Agent and/or Landlord arrange an appointment with the tenant for an outgoing inspection and the tenant
fails to make themselves available in this regard, the Agent and/or Landlord may impose a R400.00 penalty fee.

15 SIGNATURE IN COUNTERPARTS

The Lease Agreement may be signed in any number of counterparts, all of which taken together shall constitute one and the
same lease. Any party may enter into the Lease Agreement by signing any such counterpart.

16 CANCELLATION OF FIXED TERM

16.1 By virtue of the fact that the Lease Agreement is a fixed term agreement and insofar as the Consumer Protection Act is
applicable, the Tenant is entitled to cancel the Lease Agreement on 20 (twenty) business days notice.

16.2 In the event of the Tenant exercising this right, the Tenant will become liable to pay to the Landlord a reasonable
cancellation penalty.

16.3 The parties hereby agree that the reasonable cancellation penalty shall include, but under no circumstances
be limited, to the following:

16.3.1 An amount of 3 (three) months rental;

16.3.2 The commission that the Landlord is/has been obliged to pay to the Agent for the remainder of the
period of the Lease Agreement, which amount is to be paid to the Agent;

16.3.3 An amount of R1 500.00, being the agreed pre-estimate of costs to be incurred by the Landlord in
procuring a replacement Tenant.

16.4 The Landlord shall be obliged to take all reasonable steps to find a replacement tenant to take over the Premises. In
the event that the Landlord does find another tenant to take over the Premises within 3 (three) months after the
cancellation in terms of this clause 16, the Landlord shall refund to the Tenant a proportionate amount of the penalty of
the 3 (three) months rental as per clause 16.3.1 above.
Page | 9
DocuSign Envelope ID: A87CE939-E656-468C-97CE-970F52B14BBB

16.5 In the event that the Lease Agreement is found not to fall within the ambit of the Consumer Protection Act, the Tenant’s
right to cancel as set out above shall fall away.

17 GENERAL CLAUSES:

17.1 Should the Tenant cancel the Lease Agreement, after signature thereof and not take occupation of the property, a
cancellation fee of R1 000.00 (one thousand Rand) will be applicable. This cancellation fee shall not detract from
damages that may be incurred in the Landlord attempting to mitigate its loss in securing a new Tenant and for which
the Tenant shall be held liable.

17.2 In the event of the Tenant being a Company/Close Corporation/Trust, then the directors/members/trustees, as
the case may be, by their signatures to the Lease Agreement, hereby bind themselves jointly and severally to
the Landlord that failing compliance with any of the provisions of the Lease Agreement and/or these General
Conditions of Lease by the Tenant, that they shall be personally bound by all the obligations of the Tenant in
terms of the Lease Agreement and these General Conditions of Lease .

17.3 Should the Landlord’s levies increase during the tenancy, the rent shall increase by the amount of the levy increase.

Page | 10