1
GARLINGTON STORAGE GARAGES
LEASE AGREEMENT
Between("the tenant")
and
FIVE DAUGHTERS PROPERTY AND INVESTMENTS (PTY) LTDRegistration Number 2016/246479/07
("the landlord")
1Property leased
The landlord lets to the tenant who hires:
Garage No. ______as shown on Annexure A2situate atErf 369 Garlington.
(hereafter referred to as “the garage”)
The garage includes the right to utilise the common property and the common facilities on Erf 369 Garlington (“the property”).
2Period
2.1This lease shall commence on ______and shall continue for an initial period of ______, thereafter the lease shall continue at an annual rental escalation rate of 8% until 2 months’ notice is given by either party.
3Rent
3.1The rent shall commence at R1100,00 per month plus Value Added Tax thereon, payable monthly in advance on the first day of each month by EFT to credit the landlord’s bank account, being:
Account name:Five Daughters Property and Investments
Bank:Nedbank Private Wealth
Type of Account:Current
Branch Code:172805
Account Number:1136364528
Reference: Garage No.______
or to the credit of such other account or such other place as the landlord may direct in writing.
3.2The rent shall be payable without demand and without any deductions of any nature whatsoever.
4Deposit
4.1On signing this lease the tenant shall pay a deposit equal to one months’ rent to the landlord as cover for any liability the tenant may at any time incur to the landlord. The deposit shall be paid prior to occupation. Set off may not apply.
4.2The landlord shall inspect the premises within 7 days of termination of the lease to assess any damage to the garage which occurred during the lease period. The landlord is entitled to deduct from the deposit the reasonable cost of repairing the damage, without being limited to the amount of the deposit, and without prejudice to any other rights which the landlord may have.
5Use of property
The garage shall be used for vehicle parking and general storage purposes only and for no other
purpose save with the specific consent of the directors of the Association. Under no
circumstances may the garage be used for the storing of flammable and other harmful
substances. The Association or landlord may impose any rules in this regard that it deems fit and
the tenant hereby agrees to be bound by such rules at all times.
6Association rules
The tenant acknowledges that the directors of the Association shall be entitled at all times too lay
down rules in regard to matters on the Estate, which includes the garages.The tenant undertakes
and shall be obliged, with effect from the date of occupation, to abide by such rules as if he was
the owner of the garage and to ensure that all nominees, invitees and other persons who occupy
the garage and/or go upon the estate by virtue of the tenant’s rights thereto, do likewise.
7Defects
The tenant shall within 7 days of commencement of this lease notify the landlord in writing of any
defects on the garage, and the tenants shall be deemed to have received the garage in good
condition except for any defects so notified. The purpose of such notification is to have record of
the condition of the garage at the commencement of the lease and shall not impose an obligation
on the landlord to remedy such defects.
8Maintenance, damage and destruction
The garage shall be let in the condition that it stands and the tenant shall throughout this lease maintain the garage in substantially the same overall condition as it is at the commencement of the lease to the reasonable satisfaction of the landlord.
The tenant shall at all times keep the garage in a clean, tidy and sanitary condition.
9Limitation of tenants’ rights and tenant liability
The tenant shall not be entitled to cancel this lease or claim any contractual or delictual damages from the landlord by reason of–
9.1the garage not being available for occupation by the date on which the lease is to commence due to any cause beyond the landlord's control; or
9.2the garage being in need of repair, provided that if the landlord is liable to effect such repair, the landlord does so within a reasonable time after written notice requiring the landlord to do so.
9.3The tenant waives all claims against the landlord for any loss or damage to property or injury to person which the tenant may sustain in or about the garage, or any other portion of the estate. The tenant indemnifies the landlord against any such claim that may be made against the landlord by a member of the tenant’s family, or any nominee, invitee or other person who occupies the garage or goes upon the estate by virtue of the tenant’s right thereto, for any loss or damage to property or injury to persons suffered in or about the garage, or any other part of the estate however such loss or damage to property or injury to person may be caused.
9.4The tenant shall not be entitled to cede or assign any of the tenant’s rights and/or obligations under this lease.
9.5The tenant shall not be entitled to sub-let the garage, or to permit any third party to occupy the garage without the landlord's prior written consent, which consent shall not be unreasonably withheld.
9.6The tenant shall not be entitled to make any alterations to the garage.
9.7The tenant shall be responsible for the insurance of the contents of the garage and keep them insured for its full value against loss or damage by fire and such other risks and contingencies as it may require.
10Landlord's access
10.1The tenant shall permit the landlord to inspect the garage at all reasonable times.
10.2The landlord shall be entitled to access to the garageat all reasonable times for the purposes of carrying out repairs and renovations.
11Breach
11.1If the tenant:
11.1.1fails to pay the deposit or rent within 7 days of the due date; or
11.1.2breach any other provision of this lease and fails to remedy the breach within 7 days after written notice requiring the tenant to do so;
the landlord shall be entitled immediately to terminate this lease and to eject the tenant from the garagewithout prejudice to any other rights which the landlord may have. Should any padlocks belonging to the tenant require a locksmith or bolt cutters to eject the tenant, the cost of same will be for the tenant’s account and the landlord shall not be held liable for any damage to goods removed.
11.2The landlord shall be entitled to cancel this lease without notice if the tenant is sequestrated or placed under provisional or final liquidation or if a judgment against the tenant remains unsatisfied for 21 days.
11.3If the landlord cancels this lease and the tenant, disputing the right to cancel, remains in occupation, the tenant shall continue to pay an amount equal to the rent monthly in advance and to comply with all other obligations of the tenant set out in this lease. If such dispute is determined in favour of the landlord, such payment shall be taken to be on account of and in reduction of damages suffered by the landlord.
12Costs
12.1The legal costs of and incidental to the negotiation, preparation, and signing of this lease shall be borne by the landlord
12.2Any costs, including attorney and own client costs incurred by the landlord arising out of the breach by the tenant of any of the provisions of this lease shall be borne by the tenant.
13Miscellaneous matters
13.1joint and several liability
If this agreement is signed by more than one person acting as joint tenants, the obligations of all such signatories shall be joint and several.
13.2addresses and notices
13.2.1For the purposes of this agreement, including the giving of notices and the serving of legal process, the parties choose domicilium citandi et executandi (“domicilium”) at the addresses set out as follows:
the landlord: / Rockjumper House, Garlick AvenueGarlington Estate
Seeking Drive
Hilton
Email:
the tenant: / Email:
13.2.2A party may at any time change that party’s domicilium by notice in writing to each of the other parties, provided that the new domicilium is in the Republic of South Africa and consists of, or includes, a physical address at which process can be serviced, such new address being effective on receipt by the addressee of such written notice.
13.2.3Any notice given in connection with this agreement shall be delivered by hand or sent by prepaid registered post, by telefax or sent by e-mail to the domicilium chosen by the party concerned.
13.2.4A notice given as set out above shall be deemed to have been duly given:
13.2.4.1if delivered, on the date of delivery;
13.2.4.2if sent by post, 4 days after posting;
13.2.4.3if sent by telefax, on the day that the telefax is transmitted;
13.2.4.4if it is sent by email,on the day that the email is transmitted.
13.3entire contract
This agreement constitutes the entire contract between the parties with regard to the matters dealt with in this agreement and no representations, terms, conditions or warranties not contained in this agreement shall be binding on the parties.
13.4variation and cancellation
No agreement varying, adding to, deleting from or cancelling this agreement, shall be effective unless reduced to writing and signed by or on behalf of the parties.
13.5indulgences
No indulgence granted by a party shall constitute a waiver of any of that party’s rights under this agreement; accordingly, that party shall not be precluded, as a consequence of having granted such indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
Signed at………………………….…………………… on ………………………………………………….2016
As witness:
……………………………………………………………………………….
Tenant(duly authorised)
Signed at …………………………………..………… on …………………………………………..……….2016
As witness:
……………………………………………………………………………….
Landlord (duly authorised)