Fillable Printable Memorandum of Lease Agreement Template
Fillable Printable Memorandum of Lease Agreement Template
Memorandum of Lease Agreement Template
LEASE AGREEMENT
MEMORANDUM OF AN AGREEMENT OF LEASE
Made and entered into by and between :
RHODES UNIVERSITY
(hereinafter referred to as "the Lessor")
and
……………………………….
(hereinafter referred to as "the Lessee")
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THE PARTIES AGREE AS FOLLOWS:
1. DEFINITIONS:
Unless the context clearly indicates otherwise, the following words and phrases
shall have the meanings ascribed below;
1.1 Leased Premises - shall mean the part of the building situated at
……………………………………
1.2 Floor Area - shall mean the floor area of the Leased Premises, excluding
common areas such as passages, hallways, foyers and the like;
1.3 Agreement - shall mean the terms and conditions contained in this
Agreement.
2. INTERPRETATION:
2.1 The clause headings in the Agreement are for reference purposes only
and shall not be used in the interpretation hereof.
2.2 Unless the context clearly indicates a contrary intention, the expressions
which denote:
2.1.1. any one gender, shall include all other genders;
2.1.2 a natural person, shall include an artificial person and vice
versa;
2.2.3 the singular, shall include the plural and vice versa.
3. THE LEASE:
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The Lessor lets to the Lessee who hires the Leased Premises on the terms set
out In the Agreement.
4. PERIOD OF LEASE:
This Lease shall commence on the ………………………. and shall terminate on
the ……………………………………
RENTAL:
5.1 The rental payable by the Lessee to the Lessor during the currency of this
Agreement shall be as follows:
5.1.1 …………………( ………………………………………)
5.1.2 An annual escalation will be applied to the rental at the beginning of
each year.
5.2 The aforesaid rental shall be payable in advance on or before the first day
of every month during the currency of this Agreement at as per the
mechanisms described in the transit housing policy document.
6. RATES AND TAXES
6.1 The Lessor shall be liable for all rates and taxes levied in respect of the
Building during this Agreement, provided that if such rates and taxes are
increased at any time after the date of commencement of this Agreement
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for whatsoever reason, the Lessee shall be liable for a pro rata share of
such increase in such proportion as may be fair and equitable in the sole
discretion of the Lessor.
6.2 The Lessee's liability for rates and taxes shall be paid to the Lessor within
10 (ten) days of demand.
7. ADDITIONAL CHARGES:
7.1 The Lessee shall be liable for payment of the following additional charges,
subject to the provisions of clause 7.2:
7.1.1 Anyl charges levied by any local or other competent authority in
respect of refuse removal, sewerage, sanitary, cleansing and other
services rendered in relation to the Leased Premises during this
Agreement;
7.1.2 all availability and consumption charges for electricity and gas
available to and consumed on the Leased Premises during
this Agreement;
8. PERMITTED USE:
Unless otherwise agreed to by the Lessor in writing, the Lessee shall use the
Leased Premises as a Residence and only for activities related.
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9. SUITABILITY OF PREMISES:
9.1 The Leased Premises are let to the Lessee as they stand and the Lessor
gives no warranty that they are suitable for the Lessee's purposes or that
they will be approved for such purposes by any local or other competent
authority whose approval may be required.
9.2 The Lessor shall not be obliged to effect any repairs, renovations,
alterations or improvements to the Leased Premises in order to render
them suitable for the purposes of the Lessee or to conform to the
requirements of any local or other competent authority as related to the
business of the Lessee.
10. OBSERVANCE OF REGULATIONS:
The Lessee shall at its cost observe all laws, regulations and requirements of any
local or other competent authority in relation to the use of the Lease Premises
and the conduct of the Lessee's business therein.
11. NUISANCE:
The Lessee shall not allow disorderly conduct in the Lease Premises or carry on
its business so as to constitute a nuisance to occupiers of neighbouring or
adjoining premises.
12. INSTALLATIONS:
The Lessee shall not, without the prior written consent of the Lessor:
12.1 alter the electrical installations in the Leased Premises;
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12.2 interfere with or overload the electrical or power installations in the Leased
Premises;
12.3 install any air conditioning units in the Leased Premises;
12.4 attach to or place on any portion of the Leased Premises any machinery,
equipment or other object that may cause stress or harmful vibration to
any part of the Leased Premises;
12.5 attach to the exterior of the Building any radio or television aerial.
13. PLATEGLASS:
The Lessee shall maintain any plateglass in the Leased Premises in good order
and condition and shall replace at its own cost any damaged or broken
plateglass however that damage or breakage is caused.
14. INSURANCE:
14.1 The Lessee shall take all reasonable precautions to prevent fire and other
perils from occurring on the Leased Premises and undertakes not to bring
onto the Leased Premises any goods of a hazardous nature other than to
the extent authorised in the insurance policy issued to the Lessor in
respect of the Building from time to time.
14.2 If the Lessee wishes to bring any hazardous goods onto the Leased
Premises other than to the extent authorised in the aforesaid insurance
policy, the Lessee shall obtain the prior written consent of the Lessor,
which consent shall not be withheld unreasonably if the terms of such
insurance policy can be altered or extended to cover such risk If the
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insurance company concerned shall require the Lessor to pay any
additional or increased premium by virtue thereof, the Lessee shall be
liable to pay same to the Lessor on demand
15. WITHHOLDING OF RENTAL:
The Lessee shall not be entitled to withhold or set-off payment of any amount
due to the Lessor in terms of the Agreement by reason of the Leased premises
or any part thereof being in a defective condition or in a state of disrepair or in
consequence of any particular repair not being effected by the Lessor or by
reason of any act or omission of the Lessor in relation to this Agreement.
16. INTEREST:
Any amount owing by the Lessee to the Lessor in terms of this Agreement which
the Lessee shall fail to pay on due date shall bear interest at a rate equal to the
prime overdraft rate charged from time to time to borrowers in the private sector
by the Lessor's bankers, calculated from due date for payment to the date of final
payment.
17. ADVERTISING SIGNS:
17.1 The Lessee shall not erect or paint on the Lease Premises or the Property any
advertising signs without the prior written consent of the Lessor and then only
subject to the conditions the Lessor may stipulate and in accordance with the
regulations of any local or other competent authority whose permission may be
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required. The Lessee shall furthermore keep and maintain such signs in good
working order and in a clean and tidy condition at all times.
17.2 On termination of this Agreement the Lessee shall remove all advertising signs
and shall at its cost repair any damage occasioned thereby.
17.3 The Lessee indemnifies and agrees to hold the Lessor harmless against all
claims of whatsoever nature and description that may be made against the
Lessor arising from the erection or operation of any such advertising signs and
against all costs and expenses of whatsoever description pertaining thereto.
18 BURGLARY:
The Lessor shall at its cost repair any damage caused to the Leased Premises
by reason of burglary or forced entry
19. SUB-LETTING & ASSIGNMENT:
The Lessee shall not be entitled to sub-let the Leased Premises or any part
thereof nor to assign this Agreement nor to part with possession of the Leased
Premises or any part thereof without written consent of the Lessor.
20. MAINTENANCE:
20.1 The Lessor shall at its cost keep and maintain in good order and condition,
20.1.1 the exterior of the Leased Premises, excluding window frames,
window panes, door frames, doors and locks on windows and
doors;
20.1.2 the roof of the Leased Premises;
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20.1.3 the electrical wiring and plumbing in the Leased Premises.
20.2 The Lessor shall repair any defect in the exterior or roof of the Leased Premises
reported to it by the Lessee within a reasonable period of receipt of such written
notification from the Lessee.
21. LIMITATION OF LlABILITY:
The Lessee shall not have any claim against the Lessor for any loss, damage or
injury which the Lessee, its agents, employees or invitees may suffer in
consequence of the Leased Premises or the Building or any part thereof of any
installation therein being in a defective condition or falling into a state of disrepair,
unless the Lessor is liable in terms of this Agreement for the maintenance thereof
and has failed to discharge its obligations within a reasonable period of receipt
of a notice from the Lessee requiring the Lessor to attend to same. Nor shall the
Lessor be liable for any loss, damage or injury which the Lessee may suffer in
consequence of any interruption or failure in the supply of power or water to the
Leased Premises
22. MAINTENANCE BY LESSEE:
The Lessee shall at its cost:
22.1 keep and maintain the interior of the Leased Premises (including window
frames, window-panes, locks on doors and windows, sanitary works,
machinery and other installations but excluding electrical wiring and
plumbing) in good order and condition and appearance and shall keep
painted all interior surfaces where paintwork is required;
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22.2 ensure that the Leased Premises, including the windows and the yard, if
any, are kept clean and that toilets are maintained in a sanitary condition;
22.3 replace all missing, broken or unserviceable keys and locks (the
specifications of which shall be approved by the Lessor), panes of glass,
light bulbs, switches, plugs and sockets in the Leased Premises;
22.4 remove any obstructions or blockage occurring in the drainage or sanitary
works on the Leased Premises and if, as a result of such obstruction or
blockage, it should become necessary to repair or replace any sewer. pipe
or drain, then the Lessee shall be liable for same as its cost.
23. WALLS & WOODWORK:
The Lessee shall not be entitled to drive nails or similar objects into the walls or
woodwork or ceilings of the Leased Premises without the prior written consent of
the Lessor.
24. ALTERATIONS, FIXTURES & FITTINGS:
24.1 The Lessee shall not install any fixtures or fittings in the Leased Premises without
the prior written consent of the lessor, which consent shall not be withheld
unreasonably.
24.2 The Lessor shall be entitled to require the Lessee to remove, by the expiration or
earlier termination of this lease, all or any of the fixtures or fittings installed by the
Lessee in the Leased Premises
24.3 It shall be at the option of the Lessee to remove any fixtures or fittings prior to the
expiration or earlier termination of this Agreement, the removal whereof is not
required by the Lessor in terms of clause 24.2, provided that any fixtures and
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fittings not so removed shall become the property of the Lessor without obligation
to compensate the lessee in respect thereof.
The Lessee shall be obliged to make good any damage or blemishes occasioned
to the Leased premises on removal of any such fixtures and fittings, whether
such removal be at the instance of the Lessor or at the option of the Lessee, and
shall reinstate the Leased Premises to their former condition, fair wear and tear
excepted.
24.4 The Lessee shall not make any alterations or additions to the Leased Premises
without the prior written consent of the Lessor. Any alterations or additions of a
permanent nature effected to the Leased Premises shall become the property of
the Lessor at the termination of this Agreement without obligation to compensate
the Lessee in respect thereof.
25. CONSENT OF LESSOR:
The Lessee shall strictly observe all terms and conditions which the Lessor may
impose in its discretion in furnishing any consent contemplated in this
Agreement.
26. ACCESS:
The Lessor and its agents shall have reasonable access to the Leased Premises
for the purpose of inspecting and repairing same and for the purpose of effecting
such alterations as may reasonably be necessary for the maintenance or
preservation of the Building
27. RIGHT OF INTERVENTION:
