LEASE AGREEMENT RESIDENTAL

DATE 27 MARCH 2023

LEASE AGREEMENT

ENTERED INTO BETWEEN

Melanie Elaine Chalk

AND

Davlin Joseph

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CONTENTS
1 DEFINITIONS....................................................................................................................................

2 INTERPRETATION...........................................................................................................................

3. PARTIES............................................................................................................................................

4. FORMALITIES...................................................................................................................................

5 TRANSACTION.................................................................................................................................

6 DURATION........................................................................................................................................

7 THE DEPOSIT, RENTAL SUM AND PAYMENT TERMS...........................................................

8 OBLIGATIONS OF THE LESSOR..................................................................................................

9 OBLIGATIONS OF THE LESSEE..................................................................................................

10 FORCE MAJEURE...........................................................................................................................

11 DISPUTE RESOLUTION.................................................................................................................

12 BREACH............................................................................................................................................

13 DOMICILIUM CITANDI ET EXECUTANDI....................................................................................

14 GENERAL..........................................................................................................................................

15 COSTS.............................................................................................................................................

17. SIGNATURE AND EXECUTION...................................................................................................

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1 DEFINITIONS

1.1 “body corporate” means the body corporate, from time to time, of the building,
currently known as Glenvista Village;

1.2 “building” means the sectional title scheme known as 21 Glenvista Village situated
at 297 Bellairs Drive, Glenvista, Gauteng, 2091;

1.3 “business day” means weekdays excluding Saturdays, Sundays, and public
holidays in South Africa;

1.4 “commencement date” means, notwithstanding the signature date, 01 July 2023;

1.5 “days” means calendar days including Saturdays, Sundays, and public holidays in
the Republic of South Africa;

1.6 “force majeure event” will mean:

1.6.1 war, whether declared or not, civil war, civil violence, riots and revolutions,
acts of piracy, and acts of sabotage;

1.6.2 natural disasters such as violent storms, cyclones, earthquakes, tidal waves,
floods, and destruction by lightning;

1.6.3 explosions, fires, destruction of machines, of factories, and of any kind of

installations;

1.6.4 boycotts, strikes, and lock-outs of all kinds, go-slows, occupation of factories
and premises, and work stoppages;

1.6.5 acts of authority, whether lawful or unlawful, apart from acts for which the
party seeking relief has assumed the risk by virtue of any other provisions of
this agreement.

1.7 “lessee” means Melanie Elaine Chalk, personally represented;

1.8 “lessor” means Davlin Joseph, personally represented;

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1.9 “prime” means the nominal prime overdraft rate of the lessor’s bankers from time to
time, currently being Nedbank Limited, determined and compounded on the first
day of each and every month and debited monthly in arrears. In the event of a
dispute as to such rate, a certificate by any branch manager of the said bank,
whose appointment need not be proved, will be final and binding;

1.10 “property” means the section, including the undivided share of the common
property allocated to the section in terms of the sectional title plan as well as 1 (one)
parking bay as allocated by the body corporate from time to time;

1.11 “section” means Unit 21, which is situated in the building;

1.12 “this agreement” means the terms of agreement set out in this document including
annexures, schedules, and / or addenda hereto, and validly executed amendments
hereto;

1.13 “writing” means legible writing and in English that includes any form of electronic
communication contemplated in the Electronic Communications and Transactions
Act No. 25 of 2002.

2 INTERPRETATION

2.1 Any definition conferring rights or imposing obligations on any party will be given
effect to as if that definition were a substantive provision.

2.2 Defined words and expressions will have the same meanings in amendments that
do not contain their own or conflicting definitions.

2.3 Words and expressions defined in a clause, other than the definitions clause, will
have the meaning assigned to such words and expressions in that clause.

2.4 A period in this agreement will be calculated so as to exclude the first day and
include the last day. If the last day falls on a day which is not a business day, the
last day will be the next business day.

2.5 If a specified date for performance of an obligation is not a business day, the due
date for performance will be the next business day.

2.6 A reference to days means calendar days as defined in clause 1.4 above.

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2.7 Subject to clause 2.5 above, performance of an obligation will be performed by

16:00 (four o’clock) South African local time on that day and at the place where
performance is to be performed.

2.8 If there is any discrepancy between sums or figures specified in numerals and in
words, then the words will prevail.

2.9 The rule of interpretation that a contract will be interpreted against the party
responsible for its drafting or preparation or for whose benefit the clause was
inserted will not apply.

2.10 Any reference in this agreement to a party will include a reference to that party’s
assigns expressly permitted under this agreement and, if such party is liquidated,
sequestrated, or deceased, be applicable also to and binding upon that party’s
liquidator, trustee, or executor, as the case may be.

2.11 This agreement and all matters arising here from will be governed by the law of the
Republic of South Africa, notwithstanding the place of signature and / or the place
of delivery of any performance rendered between the parties in terms of this
agreement or any addendum.

3. PARTIES

3.1 The parties to this agreement are:

3.1.1 The Melanie Elaine Chalk; and

3.1.2 The Davlin Joseph.

4. FORMALITIES

4.1 All of the terms of this agreement must be reduced to writing and signed by all
parties.
4.2 Any amendment, variation, cession, and / or novation of this agreement, including
this clause, must also be reduced to writing and signed by all parties.

5 TRANSACTION

5.1 The lessor hereby lets to the lessee, who lets from the lessor, the property for the
rental sum in accordance with the further terms of this agreement.

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5.2 The parties record that the lessee will be in occupation of the property from the
commencement date.

6 DURATION

6.1 This agreement will commence on the commencement date and will endure for an
initial period of 12 months, whereafter it will automatically continue to endure on a
month-to-month basis.

6.2 Subject to clauses 10 and 122 below, this agreement may be terminated by either
party on a minimum of 2 (two) months written notice to the other party.

7 THE DEPOSIT, RENTAL SUM AND PAYMENT TERMS

7.1 On the commencement date of this agreement, the Lessee must pay the Lessor a
deposit of R9 000.00 (Nine Thousand Rand). The Lessor must place the Lessee’s
deposit in an interest-bearing account for the duration of the lease for the benefit of
the Lessee.

7.2 The Lessor can set off the deposit against any amount owed to her in terms of the
agreement. In the event that the Lessor sets off the deposit amount to against an
amount due to her, the Lessee must make a payment to make up the difference
outstanding in terms of the deposit.

7.3 Upon termination of the Lease Agreement, the Lessor must refund the deposit to
the Lessee unless the Lessor determines (in the Lessor’s sole discretion) that the
deposit is needed to restore the Property to the condition it was in on the
commencement date.

7.4 The rental sum will be the sum of R9000.00 (Nine Thousand Rand) per month.

7.5 The rental sum will be subject to an annual escalation every year on the
anniversary of the commencement date at a rate of 10% (ten percent) per annum.

7.6 In addition to the rental sum, the lessee will also be liable for payment of any
electricity and water consumed in respect of the property for the duration of this
agreement.

7.7 The rental sum will be payable monthly in advance on or before the 1 st (first) day of
each and every month.

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7.8 The electricity and water consumption will be payable monthly in arrears on or
before the 1st (first) day of each and every month following the month in which the
charge was levied. By way of illustrative example, the electricity consumption for the
month of January is levied during the month of February and is payable on or
before 1 March.

7.9 The deposit, rental sum and the electricity and water consumption will be paid,
without deduction or set off, by means of electronic fund transfer into the following
bank account:

Bank: FNB
Account Holder: ME CHALK
Account Number: 62026359275
Branch Code: 259605
Branch: THE GLEN

7.10 All late payments will attract interest at the rate of prime.

8 OBLIGATIONS OF THE LESSOR

The lessor will:

8.1 Be responsible for payments of the levies levied by the body corporate in relation to
the property, any and all rates and taxes levied by the local authority in relation to
the property;

8.2 Be entitled at any time during the lease to require lessee to reinstate the property at
the lessee’s expense to the same condition as it was on date of signature of this
lease agreement, fair wear and tear excepted;

8.3 Be entitled to terminate this lease agreement in the event that the lessee destroys
any part of the property;

8.4 Be entitled to claim compensation from the Lessee in the event of damage to the
property, if such damage is owing to the act or omission of the lessee, a member of
lessee’s household, or a visitor or guest of such lessee;

8.5 Only exercise her right to inspect the property in a reasonable manner after
providing the lessee with reasonable notice of intention to inspect such property,

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which such inspection the lessor acknowledges is subject to the lessee’s rights as
contained in section 4, subsection 3 of the Rental Housing Act 50 of 1999;

8.6 Not seize any of the lessee’s property, except in terms of a law of general
application and after first obtaining a ruling by a tribunal and / or order of a court of
law.

9 OBLIGATIONS OF THE LESSEE

The lessee will:

9.1 At all times comply with the body corporate conduct rules of the property, a copy of
which is available on request.

9.2 Pay all charges for electricity supplied to the property;

9.3 Pay all sums due in terms of this lease;

9.4 Not cede or assign the lease;

9.5 Not sub-let any portion of the property, whether it be whole or part, without prior
written consent of the lessor, which consent shall not be unreasonably held;

9.6 Use the property only for residential purposes, unless prior written consent of the
lessor has been provided;

9.7 Allow maximum of 4 (four) persons to occupy the property at any one time;

9.8 Not to do or allow to be done anything that will increase the premiums or terminate
any of the policies of insurance on the property;

9.9 Keep the property clean, habitable, and tidy;

9.10 Not make any structural or alterations, including but not limited to additions or
improvements, without prior written consent of the lessor;

9.11 Be responsible for the maintenance, repair, upkeep and / or decoration of the
interior of the property at all times, including but not limited to, ceilings, wall and
floor coverings, cooking, lighting, and plumbing installations, and all other fixtures,
fittings, and furnishings;

9.12 Not cause any noise or nuisance that would in any way disturb the quiet and
peaceful occupation of the neighbors to the property.

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10 FORCE MAJEURE

10.1 If either party is prevented or restricted directly from carrying out all or any of its
obligations under this agreement by a force majeure event, this clause 10 will apply
and such party will not be deemed to be in breach of this agreement.

10.2 If either party is prevented or delayed in the performance of any of its obligations
under this agreement by a force majeure event, that party will within 3 (three)
business days of becoming aware of the force majeure event notify the other party
specifying the nature and extent of the circumstances giving rise to the force
majeure event.

10.3 The affected party will, subject to service of the notice under clause 10.2 and clause
10.4, have no liability in respect of the performance of such of its obligations as are
directly prevented by the force majeure event(s) during the continuation of such
event(s), and for such time after they cease as is reasonably necessary for that
party to begin re-performing the affected obligation.

10.4 The affected party will use all reasonable endeavours both to notify the other party
of the end of the force majeure event and to recommence its affected operations as
soon as reasonably practicable in order for it to perform its obligations under this
agreement.

10.5 The affected party will use all reasonable endeavours to bring the force majeure
event(s) to a close or to find a solution by which this agreement may be performed
despite the continuance of the force majeure event.

10.6 The parties agree that, should the force majeure event lasts more than 3 (three)
months, then either party may terminate this agreement by giving 14 (fourteen)
days’ written notice to the other party.

11 DISPUTE RESOLUTION

11.1 Should any dispute, disagreement, or claim arise between the parties (hereafter
referred to as “the dispute”) arising out of or in connection with this agreement, the
parties will first endeavour to resolve the dispute by negotiation.
11.2 The negotiation will entail one party inviting the others in writing to a meeting and to
attempt to resolve the dispute within 7 (seven) days from the date of the written
invitation.

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11.3 Failing such resolution, the dispute, will be resolved in a court of competent
jurisdiction.

12 BREACH

12.1 Should any party breach or otherwise be in default of any of its obligations under or
in terms of this agreement and remain in default or fail to remedy such breach
within 14 (fourteen) days of receipt of written notice calling upon it to do so, the
other party will be entitled, but not obliged, in addition to any other rights which it
may have or remedies which may be available to it:
12.1.1 to cancel this agreement;
12.1.2 to obtain an order against such defaulting party for specific performance,
with or without claiming damages;
12.1.3 to claim such damages as it may have suffered in lieu of specific
performance, together with all amounts owing under or in terms of this
agreement, whether or not such amounts have become due for payment;
and
12.1.4 to refer the matter to dispute resolution in accordance with clause 11
above.

13 DOMICILIUM CITANDI ET EXECUTANDI

13.1 For all purposes of this agreement and matters arising here from, including but not
limited to giving notice, the making of any communication, and works of any process,
the parties choose their respective addresses as follows:

13.1.1 Lessor at: [TBA]

13.1.2 Lessee at: [TBA]

13.2 A party may change its domicilium by notice in writing to the other party, provided
that the new domicilium is a physical address, and not a postal address, within the
Republic of South Africa.

13.3 Any notice must be in writing and must be delivered by hand, transmitted by telefax,
transmitted by e-mail, or be posted to the domicilium chosen by the party
concerned.
13.4 A notice or process delivered at the party’s domicilium will be deemed to have been
duly received:

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13.4.1 on the date of delivery if delivered by hand and handed to a responsible

person at the party’s domicilium and it will not be necessary to hand such
process or notice to any party or such party’s nominates representative
personally;
13.4.2 on the date of transmission if transmitted by telefax or by e-mail, provided
that if such transmission is out of commission for any reason, such period
will not be included in arriving at the deemed receipt;
13.4.3 10 (ten) days after the date of posting, provided that if such postal facilities
are out of commission for any reason, such period will not be included in
arriving at the deemed receipt;
13.4.4 at the address stated on the envelope, telefax, or e-mail;
13.4.5 by the party as the addressee or to a responsible person at the chosen
domicilium
unless the contrary is proven.
13.5 Notwithstanding anything to the contrary herein, a written notice or communication
actually received by a party will be deemed to be written notice or communication
on the date of actual receipt, notwithstanding that it was not delivered or transmitted
to its chosen domicilium.

14 GENERAL

14.1 This agreement constitutes the entire agreement between the parties and no
warranties, representations, or other terms and conditions of whatsoever nature not
expressly recorded herein will be of any force or effect, save for any addendums
concluded between the parties.
14.2 The parties undertake to do all such things as may be necessary and undertake to
sign all such documents and do all such things as may be required in order to give
effect to this agreement and all such other ancillary matters arising from the said
agreement according to its intent and purpose.
14.3 The parties hereto agree that no extension of time, acceptance of late performance,
or any other indulgence will constitute a waiver of any party's rights in terms of this
agreement or in law, and will be at all times entirely without prejudice to such rights.
14.4 Save as expressly provided for herein, none of the parties will be entitled to cede or
assign this agreement or any of their rights and obligations herein or otherwise sub-
let the subject of this lease except with the written consent of the other parties,
which consent will not be unreasonably withheld.

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14.5 In the event that any of the provisions of this agreement are found to be invalid,
unlawful, or unenforceable such terms will be severed from the remaining terms,
which will continue to be valid and enforceable.

15 COSTS

15.1 Each party will pay their own costs incurred in the negotiation, preparation, and
finalisation of this agreement.
15.2 In the event that either party should institute legal action against the other party for
performance due under this agreement or any collateral agreement, then the parties
agree that they will be liable for and will pay any such legal costs on the scale as
between the attorney and own client.

17. SIGNATURE AND EXECUTION

EXECUTED AT ________________ ON THIS THE ____ DAY OF ____________ 2023.

AS WITNESSES:

__________________________
NAME: ____________________
ID No.: ____________________

__________________________
LESSOR
WHO WARRANTS THAT SHE IS AUTHORISED

EXECUTED AT ________________ ON THIS THE ____ DAY OF ____________ 2023.

AS WITNESSES:

__________________________
NAME: ____________________
ID No.: ____________________

__________________________

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LESSEE
WHO WARRANTS THAT SHE IS AUTHORISED

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