Fillable Printable Sample Memorandum of Lease Agreement

Sample Memorandum of Lease Agreement

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

MEMORANDUM OF AGREEMENT OF LEASE

LESSOR:

LESSEE:

PROPERTY ADDRESS:

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

MEMORANDUM OF AGREEMENT OF LEASE

made and entered into

by and between

____________________________________________________________________

(hereinafter referred to as “the Lessor”)

and duly represented if needs be by the

Lessor’s agent:________________________________________________________

(hereinafter referred to as “the Agent”)

and

_____________________________________________________________________

(hereinafter referred to as “the Lessee”)

Should two or more persons sign this agreement as Lessees, the said persons shall be liable jointly and severally (i.e. together

or separately) for the due performance of all obligations in the lease period.

WHEREAS the Lessor is the registered owner of certain immovable property situated at:

_____________________________________________________________________

(hereinafter referred to as “the Premises”)

AND WHEREAS the Lessor has agreed to lease the Premises to the Lessee, who agrees to hire the Premises, subject to certain

conditions as set out herein:

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

NOW THEREFORE IT IS AGREED AS FOLLOWS:

MEANING OF WORDS AND PHRASES:

Except in a context indicating that some other meaning is clearly intended, the following words have the meaning detailed

hereafter:

Agent :Omni-Prop

Lessee :The person/s signing the lease or on whose behalf the lease is signed who takes responsibility for any

person visiting or occupying the premises to uphold the terms of the lease.

Lessor :The owner of the leased premises or the person legally entitled to let the leased premises. The use of the

word Lessor, where applicable, may also refer to the Lessor’s agent.

Lease period :The initial lease period together with any extension thereof.

Parties : Means the parties to the lease (the Lessee or Lessor) and party means one of them.

Person/s: Words denoting natural persons shall be deemed to refer to juristic persons or vice versa.

Month :A calendar month.

Also note:

Expressions in the singular also denote the plural

Pronouns of any gender shall be deemed to include a reference to the corresponding pronoun of the other

gender

IMPORTANT NOTICE FOR THE LESSEE

There are terms in this lease that:

a)Limit the risk and liability of the Lessor;

b)Provide for the Lessee to accept risk or liability;

c)Impose an obligation on the Lessee not to hold the landlord or any other person liable for damage to

personal property;

d)Are an acknowledgement of fact by the Lessee.

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

1.LETTING AND HIRING

The Lessor hereby lets to the Lessee, who hereby hires, the Premises.

2.DATE OF COMMENCEMENT AND PERIOD

This lease shall commence on _________________________________ and shall run for a fixed period of

______________________________ and shall terminate on ___________________________________ on which date,

unless the parties agree to enter into a new lease, the Lessee shall vacate the Premises and deliver same to the Lessor.

3.NEGOTIATION OF A NEW LEASE

3.1 Not more than 80 (EIGHTY) business days and not less then 40 (FORTY) business days before the expiry of the

fixed period above, the Lessee shall be reminded in writing by the Lessor of the fact that the lease will expire.

3.2Should the Lessee be desirous of entering into a new lease he shall within 3 (THREE) days of receipt of the

notice referred to above advise the Lessor / agentin writing of his wishes and if the Lessor is agreeablea fresh

lease shall be concluded on such terms and conditions as the parties may agree. Should the Lessor not agree to

negotiate a new lease, or should the parties not agree to the terms thereof, the Lessee must vacate the leased

premises by midnight on the termination date in 2.2 above.

4.OPTION TO RENEW

4.1Not more than 80 (EIGHTY) business days and not less then 40 (FORTY) business days before the expiry of the

fixed period above, the Lessee shall be reminded in writing by the Lessor of the fact that the lease willexpire.

4.2Within 3 (THREE) days of receipt of the said notice the Lessee must advisetheLessor in writing ofhis intentions,

that is, whether he wishes the lease to lapse at the terminationdate in 2 or renew this lease for a further fixed

period of ___________ . (Provided the initial term of the lease and renewal period do not extend beyond 2

(TWO) years). Any renewal will be on the same terms and conditions as this lease, save whereagreed otherwise

in writing, and save as to rental which will escalate by ______ % (+ VATif applicable) per annum. Should the

Lessee not exercise his rights of renewal he must vacate the leased premises by midnighton the expiry date of

the lease period reflected in 2 above. If VAT is applicable, the monthly Rental above shall be exclusive of VAT.

5.RENTAL

5.1The monthly rental in respect of the Premises for the period in 2 above shall be the sum of :

R _____________________________ (_____________________________________________________Rand)

5.2The rental payable by the Lessee to the Lessor shall be payable monthly in advance on or before the due date

being the first day of each succeeding month.

5.3The rental shall be paid in full free of bank charges and exchange without deduction for any reason, until the

expiry of this lease.

5.4The Lessee shall be entitled to pay the rental by way of direct deposit or electronic transfer to the following

bank account :

Account Name : OMNI-PROP

Bank : FIRST NATIONAL BANK

Branch : VINCENT PARK (210121)

Account No : 6235 643 6082

Ref No: _______________

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

5.5Should a direct deposit be made by the Lessee it is essential thata copy of the deposit slip indicating the name

of the Lessee as well as the address of the propertyrented be faxed to the Lessor’s agenteach month, soas to

avoid payment not being credited and the Lessee being regarded as being in breach of the lease.

5.6KINDLY NOTE : In the event that any rental or other amount due in lease period is not paid by the due date,

interest shall accrue on such overdue amount at the rate of 15,5%per annum with effect from due date to

date of payment.

6.LESSEES PENALTY FOR EARLY TERMINATION

Should the Lessee cancel the lease as provided in theConsumerProtection Act 68 of 2008, it is agreed that the Lessor

may impose a reasonable penalty for cancellation provided such penalty does not exceed the quantifiable damages

which would be claimable in terms of the common law.

NOTE:

The aforesaid penaltywill at all times be subject to the lessor mitigating the amount of the penalty inthe event of

another tenant being found to lease the premises, who satisfactory meets all the current qualifying lease requirements.

7.LESSORS SECURITY

7.1Lessee not to remove goods on the premises:

During the period of the lease, the Lessee shall not without the written consent of the Lessor, remove any

furniture, electrical appliances, or household effects, brought onto the Premises by the Lessee, it being

understood that such movable property is to remain on the Premises as security for all rental and other

payments for which the Lessee is liable in terms of this agreement.

7.2Deposit

The Lessee shall pay the following deposit on signing this leaseandbefore occupation of the leased Premises :

7.2.1 A security deposit for rental and / or damages (if applicable) in the sum of R _________________

(________________________________________Rand).

7.2.2 A municipal deposit for municipal charges and levies (if applicable) in the sum of R _______________

(________________________________________Rand)

(Granny Flat – R500, BCM with pre paid electricity meter – R1000, BCM all inclusive –R1500)

7.2.3 Should the rental increase as a result of the lease being extended, then the Lessee will be obliged to

increase on demand his deposit by an amount equivalent to the increase of rental measured over two

months.

7.2.4 The security deposit shall be deposited by the Lessor’s agent in an interest-bearing account where it

shall remain for the lease period.

7.2.5 On termination of this lease for any reason whatsoever, the Lessor may in his solediscretion apply the

deposit towards the payment of all amounts for which the Lessee is liable under the terms of this

agreement including, but without limitation, arrears rental, unpaid municipal and telephone accounts,

the costs of repairing damage to the Premises and or replacing lost keys, attorney-clientcosts incurred

in the recovery of any outstanding amount and any administration feesincurred by the agent, interest

or any other costs or charges for which the Lessee is liable to the Lessor.

7.2.6 The balance of the deposit (if any) shall be refunded to the Lessee, as soon as possible after an

inspection of the Premises and receipt of the final municipal account, in accordance with the

provisions of the Rental Housing Act 50 of 1999 and not later than 21 (TWENTY-ONE) days from when

the Lessee has abandoned the Premises or the lease is terminated.

7.2.7The Lessee may not offset the deposit against rental due at any time during the currency of this

lease, without the prior written approval of the Lessor.

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

8.USE OF PREMISES

8.1The Premises are let to the Lessee for occupation as a private dwelling solely by the Lessee and his immediate

family, his invitees and domestic employees. Should more than _________people occupy the Premises at any

one time, then this will constitute a material breach of the lease.

8.2The Lessee shall not conduct any business whatsoever from the Premises and shall not bring onto thePremises

any machinery, equipment, vehicles, stock-in-trade or any other movables save those which are reasonably

required for residential purposes.

8.3The Lessee shall not permit the harbouring or housing of any live animals, reptiles or birdswithout prior written

consent of the Lessor excepting the following household pet/s _________________________.

8.4The Lessee undertakes to abide byandcomply with such governmental or municipal regulations or by-laws as

may apply to the occupation of the Premises. In the event of the Lessee failing to comply with such regulations

or by-laws, the Lessor, without prejudice to any rights to treat such default as a breach of this lease, shall be

entitled to comply with such regulations or by-laws in the name of andon behalf of the Lessee and may enter

upon the Premises for such purpose, and any expense lawfully incurredby the Lessorin so doing shall be repaid

by the Lessee to the Lessor on demand.

8.5The Lesseeshall ensure that neither he, those holding through him, his inviteesand servants and especially

children and pets cause a disturbance through rowdyism or a nuisance to other persons (co-tenants or

neighbours) or contravene any health regulations pertaining to the Premises, all of which constitutea material

breach.

9.ACKNOWLEDGEMENT BY THE LESSEE

The Lessee fully acknowledges the following facts and accepts such facts / terms of the lease.

9.1The Premises are let subject to the conditions contained in the title deed of the Premises, or of the land

on which the Premises are situated (as the case may be) and the provisions of any applicable zoning or

town planning scheme;

9.2The Lessee has had a reasonable opportunity to inspect the Premises and fully acknowledges that it is

suitable for the purpose for which it is let;

9.3An Estate Agent / Rental collection agent, if so authorised by the Lessor, may exercise on behalf of the

Lessor all the Lessor’s rights and powers in terms of this Agreement;

9.4All goods brought onto the Premises by the Lessee shall be at the sole risk of the Lessee without the

Lessor incurring any responsibility relating thereto provided always that any loss sustained by the Lessee

does not arise out of any actions which can be attributed to the Lessor’s gross negligence;

9.5The Lessor shall especially not be liable for any loss sustained by the Lessee by any reason of any theft,

burglary, fire or other natural disaster affecting the Premises and causing damage to the Lessee or his

goods or the person or goods of any of the Lessee’s visitors or persons occupying the Premises through

the Lessee;

9.6Given the provisions of 9.4 and 9.5 above the Lessee in his own interests, should take out insurance to

cover the risk of damage or loss.

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

10.ALTERATIONS AND IMPROVEMENTS

10.1The Lessee shall not, without the written consent of the Lessor, which consent may be withheld at the sole

discretion of the Lessor, makeany structural orother material improvements or alterations to the Premises.

10.2In the event of the Lessor approving any structural or material alterations to the Premises to be effected by the

Lessee, the Lessee shall not be entitled to any compensation in respect thereof, unless the parties enter into a

written agreement as to the basis of such compensation.

10.3Unless compensation for improvements or alterations has been agreed as provided for above, the Lessee shall,

at the termination of this lease or atthe end of any extended period, reinstate the Premises to their previous

condition, unless the Lessor directs otherwise.

10.4 The Lessee shall not cause any picture hooks, mirror hooks, nails, screws, wiring, aerials, to be installed on the

leased premises or apply prestick, double sided tape or adhesive, to any surface including, but not limited, to

tiles, mirrors, glazing etcetera without prior consultation and written approval from the Lessor. Any damage or

discolouration caused by any of the aforesaid notwithstanding the consent of the Lessor, shall be remedied

by the Lessee on termination of this lease or any renewal thereof, failing which the Lessee shall be entitled to

engage contractors to repair same and recover the cost thereof from the Lessee.

11.PREMISES TO BE OCCUPIED

11.1Should the Lessee, without the consent of the Lessor, fail to take occupation of thePremises on thedue date or

reasonably soon thereafter, the Lessor may regardthis as a breach ofthe lease and take such steps as provided

for in the breach clause (paragraph20).

11.2The Lessee may not, without the Lessor’s prior written consent, which shall not be unreasonably withheld,

allow the Premises to remain unoccupied for any period exceeding 1 (ONE) month.

12.DELIVERY OF PREMISES IN PROPER CONDITION

12.1The Lessor acknowledges his responsibility to ensure that, at the inception of the lease, the premises are fit for

the purposes for which they are let and free from material defects.

12.2Prior to the Lessee taking occupation the Lessor’s agent and the Lessee must jointly inspect the Premises to

ascertain whether there are any defects or damage and must determine the Lessor’s responsibility to rectify

damage or defects, or where defects / damage is not material to record same. A list of defects specifying the

aforesaid must be attached to the lease as an annexure and duly signed by both parties.

12.3Save in respect of any defects about which the Lessee notifies the Lessor in termsof paragraph 12.2,the Lessee

acknowledges having received the Premises and all its fixtures, fittings and appurtenances in good order and

condition and complete with all keys and working light globes and tubes.

13.MAINTENANCE OF THE PREMISES

The maintenance obligations of the parties are agreed as follows:

13.1The Lessor must :

13.1.1 Subject toclause 13.1.3 maintain the outside of the Premises including walls, gutters and roof in good

order and repair;

13.1.2 Subject to clause 13.1.3 maintain the geyser and its attachments, all electrical, plumbing and sanitary

installations, the heating, ventilation and air conditioning systems (if any) in a good order and repair;

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

13.1.3 Effect repairs within a reasonable time, for which a Lessor is responsible for under the lease, and

identified during the joint inspection referred to in 12.2above or which have been brought to the

Lessor’s attention during routine inspections orby notice fromthe Lessee requesting attention to such

repairs, provided that the Lessor shall not be liable for repairs if the Lessee, a member of his

household or visitor brought about the state of disrepair.

13.1.4 The Lessor shall not be liable for any damages which the Lessee may suffer as a result of the Premises

being in a state of disrepair, unless the Lessor having become aware of such disrepair fails within a

reasonable time to attend to repairs for which he is responsible or is grossly negligent in attending to

his obligations in terms of this section of the lease.

14.2The Lessee must :

14.2.1Use the premises in a proper manner and forthe purpose for which it is let, and in a manner which

does not contravene the Rental Housing Act and itsRegulations, Municipal by-laws, Home Owners

Association or Body Corporate Rules (if applicable) or any other applicable laws;

14.2.2Within 7 (Seven) days of becoming aware of any defects for which the Lessor is responsible in terms

of this lease, notify the Lessor’s agent in writing of such defects;

14.2.3Dispose regularly from the premises all ashes, garden refuse, garbage, rubbish and otherwaste in a

clean and safe manner;

14.2.4Maintain the premises in a clean, tidy and safe state of repair including ensuring that all paint work,

fitted carpets, tiled surfaces, walls, doors, windows, cupboards are free from discolouration and in

good order and condition;

14.2.5Use in a reasonable manner, all electrical, plumbing, sanitary, heating, ventilating, air-conditioning,

and other facilities and appliances, including elevators (if any);

14.2.6Refrain from intentionally or negligently damaging, defacing, impairing, or removing any part ofthe

dwelling (or common property) or knowingly permitting any person, who is on the Premises with

the permission of the lessee or is allowed access to the Premises by the lessee, to do so. The lessee

is liable for the repair of damage so caused;

14.2.7Replace all fuses, light bulbs, fluorescent tubes and starters which malfunction or stop working

during the lease period for any reason whatsoever;

14.2.8 Repair or replace all locks, handles, broken window panes and window fasteners where damage has

not been due to normal use and wear and tear;

14.2.9 Repair or replace all leaking water taps and plumbing, leaking

pipes, toilet system parts where their state of disrepair or damage has not been due to normal use

and wear and tear;

14.2.10 Maintain in good order and free of all cracks and breakages all wash bowls, baths, shower facilities,

toilet seats, toilet pans andwater supply tanks and repair or replace same where any damage isnot

caused through normal use and wear and tear;

14.2.11Maintain all drains, gutters and sewage pipes in good working order and free from blockage;

14.2.12 In the event of there being a swimming pool onthe premises, keepthe swimming pool water

topped up to a satisfactory level so as not to allow air to be sucked into the system. Further, to treat

the waterproperly with chemicals and ensure that at all times the water is clean and free from

leaves, sand and algae. Maintain and repair if necessary the swimming pool filter system, pump

motor , and all pool equipment including hoses and accessories but shall not be responsible for

replacing the pump motor or automatic pool cleaner should, through no neglect or misuse by the

Lessee, they become totally dysfunctional and uneconomical to repair through normal wear and

tear.

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

14.2.13 In the event of the leased premises containing a garden, keep the grounds and garden thereto in a

clean and tidy condition, and take reasonable care of, maintain and keep adequately watered, all

the plants, shrubs, trees and lawns presently grown at the premises. The Lessee shallnot cut down

any established trees orbushes or make major changes to the garden without the prior consentof

the Lessor.

14.2.14 Should the Lessee fail to comply with clauses 14.2.12 and 14.2.13 the Lessor shall have the right

from time totime to employ a gardening or pool contractor to give effect to have these provisions at

the expense of the Lessee

14.3In the event of the Lessee not being able to enjoy the beneficial occupation of the Premises as a result of it

having been materially damaged by fire, earthquakes, weather, storms, riot activity or the like, the Lessor –

14.3.1 Failing within 30 (THIRTY) days of the date of the damage to give the Lessee written notice that he

intends to keep the lease alive, this leaseshall be deemed to havebeen cancelledon the date that the

damage occurred and the Lessor shall refund to the Lessee all rental paid in advance beyond the date

of such damage.

14.3.2 Having given notice to the Lessee as aforesaid, the Lessor shall restore the premises to a tenantable

condition as expeditiously as possible but the Lessee shall be entitled in suchcircumstances to a

reasonable remission of rental by taking into account the loss of beneficial occupation.

15. DELIVERY OF THE PREMISES AT THE END OF THE LEASE PERIOD

15.1At the termination of the lease period the Lessee, having due regard to the defects list compiled at the joint

inspection at the inception of the lease (paragraph 12.2)and the Lessor’s obligation to maintainthe Premises

as provided herein, is obliged to return the Premises in the same good order and condition it was at the

inception of the lease, fair wear and tear alone excepted.

15.2At the expiration of the lease period the Lessee must take it upon himself to arrange with the Lessor’s Agenta

joint inspection of the Premises at a mutuallyconvenient time to take place with a view to ascertaining ifthere

was any damage caused to the Premises during the Lessee’s occupation or during his move to vacate.

15.3Should the Lessee refuse such joint inspection then the Lessor’s Agent will be obliged toinspect the Premises

within with 3 (THREE) days of the lease period coming toan end and the Lessee willbe liable forany damages to

the Premises which are not the Lessor’s responsibility or were not reflected on the initial defects list (referto in

paragraph 12.2). The Lessee’s refusal to inspect as foresaid will be deemed to be an acceptance by himof the

accuracy and correctness of the Lessor’s agent final inspection report.

15.4Should the Lessor deem it desirable and at the request and discretion of the Lessor, the Lessee shall be

responsible for fumigation of the Premises for cockroaches and / or fleas and the steam cleaning of all fitted

carpets on vacating the Premises at the termination of this lease or any renewal thereof.

16. ACCESS TO PREMISES BY LESSOR, AGENTS AND OTHERS

16.1The Lessor’s agent shall be entitled to enter the Premises at all reasonable times and on reasonable notice to

the Lessee for the purpose of inspection and/or carrying out any repairs the Lessor in his / her sole discretion

deems desirable. Shouldit be found on such an inspection, thatthe Lessee is not fulfilling his obligations

relating to any terms of this lease agreement, this will constitute a breach of the lease and afford theLessor the

rights detailed in the breach clause (paragraph 20).

16.2Should either partygive notice of termination as they may lawfully be entitled to do, or should the Lessorat any

time wish to sell the property containing the leased premises, the Lessee will in such circumstances and on

reasonable notice by the Lessor, permit access to the leased premises to agents, prospective tenants or

purchasers. The Lessor shall also be entitled to display “to let” or “for sale” signs.

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

17.MUNICIPAL TAXES AND CHARGES AND TELEPHONE

17.1The Lessor shall pay municipal rates and taxes in respect of the Premises.

17.2The Lessee shall be responsible for all electricity, water, fire availability, refuse removal and sewerage in

respect of the Premises.

17.3Lessee’smunicipal paymentin respect of the amounts in 17.2, which will be furnished by the Lessor’s agent,

is payable to the Lessor’s Agent concurrently with the monthly rental.

17.4Should the Lessee fail to affect payment as contemplated in paragraph 17.2 and 17.3 above, or, should the

Lessor’s agent establish by any other means that the municipal monthly service charges have not been made

timeously, this failure by the Lessee in this regard shall be deemed to constitute a material breach ofthe terms

of this lease and the Lessor shall be entitled to exercise his / her rights in terms of the provisions of the breach

clause (paragraph 20) and/ or to settle the outstanding charges and claim immediate payment of these

amounts from the Lessee. In addition to the aforesaid, the Lessor shall beentitled to requestthe municipality to

cut off the supply of electricity when payment is not made punctually.

17.5Should the Lessee’s access to municipal service be blocked due to Landlord default, the Landlord’s Agent will

effect payment on his behalf. Such payment will be deducted from the Landlord’s monthly rent payment.

17.6 Should the municipal be included in the rent, monthly water & electricity usage will be monitored and any

excessive usage of a material nature, will be charged to the tenants account.

17.6The Lessee shall, if the Premises are let with a telephone, pay all charges levied by the telephone authorities in

relation to the telephone within the time allowed for payment, and the Lessee shall do nothing that might lead

to the suspension or termination of the telephone service or to a change of number or directory entry.

18.NO SUBLETTING OR CESSION

18.1The Lessee shall not cede or assign this lease or sublet the Premises or give possession thereto to any

person without the prior written consent of the Lessor, which consent may be withheld at the sole

discretion of the Lessor.

18.2Where permission to sublet is granted, such permission shall not in any way alter the Lessees obligation

under this agreement, nor prejudice whatever claim the Lessor may have against the Lessee for damages or

loss and the Lessor shall have the right to withdraw such permission to sublet should he in sole discretion

deem it desirable.

19.INSURANCE

19.1The Lessor shall insure the Premises against fire and storm damage.

19.2The Lessee shall take out his own insurance in respect of his goods or goods of a third party housed on the

leased premises and ensure that all risks assumed in terms of this lease are properly covered by his policy.

19.3The Lesseeshall not do nor permit to be done anything which may jeopardise or endanger the validity of any

fire insurance policies held by the Lessor from time to time in respect of the Premises and indemnifies the

Lessor forany damages suffered should the Lessor not be able to successfully claim on hisinsurance because

of the Lessee not adhering to this provision.

20.BREACH

20.1In the event of:

20.1.1 non-payment of rent, or any portion thereof, on the due date; or

OMNI-PROP (Sole Proprietor)

SUSAN J CHINN

20.1.2 the Lessee committing a breach of any terms of this Lease all of which are material :

In the case of a fixed termlease, the Lessor shall be entitled after giving the Lessee 20 (TWENTY) business days

to rectify the breach and the Lessee having failed to do so, to cancel the lease and to institute immediately a

claim for the ejectment of the Lessee and all those occupying the premises.

In the case of a month to month lease, and the Lessee being in breach as aforesaid, no such notice need be

given by the Lessor, and the Lessor shall be entitled without notice to theLessee to apply for cancellationof the

lease and the eviction of the Lessee.

20.2Any action by the Lessor for cancellation and eviction shall be without prejudice to any claim the Lessor may

have inrespect of rental already due, or for any damages which the Lessor may suffer as a result of the breach

of this agreement by the Lessee, or by reason of the unlawful termination of this lease.

21.HOLDING OVER BY THE LESSEE

21.1In the event of the Lessor cancelling this lease andthe Lessee disputing the right of the Lessor to cancel or

asserting a right of occupation in terms of the Prevention of Illegal Eviction From and Unlawful Occupation of

Land Act, No. 19 of 1998, andremaining in occupation of the Premises after notice of cancellation, the Lessee

shall, pending determination of the parties’ respective rights, continue to pay an amount which is equivalent to

the monthly rental provided in this lease, monthly in advance by the first day of each and every month.

21.2The Lessor shall be entitled to accept and recover such payments and the acceptance thereof shall be without

prejudice and shall not in any way whatsoever affect the Lessor's claim against the Lessee then in dispute.

21.3Should the dispute be determined in favour of the Lessor the payments made and received in terms of this

paragraph shall be deemed to be amounts paid by the Lessee on account ofdamages suffered by the Lessor by

reason of the cancellation of this lease and/or the unlawful holding over by the Lessee.

22.VARIATION AND WAIVER

22.1This agreement constitutes the sole and entire agreement between the Lessor / Lessor’s agent and

Lessee and no warranties, representations, guarantees or other terms and conditions of whatsoever

nature not contained herein shall be of any force or effect.

22.2No variation of the terms and conditions of this agreement or any consensual cancellation thereof shall be of

any force or effect unless reduced to writing and signed by the parties or their duly authorized agents.

22.3No relaxation, indulgence or other failure or delay bya party in enforcing that party's rights shall either

constitute a novation of the provisions of this agreement relating thereto or preclude that party from any

enforcement of the other rights ofthat party (including butnot limited tosubsequentenforcement of the same

or similar rights).

23.CONSENT TO JURISDICTION

The parties hereto specifically consent to the jurisdictionof the Magistrates’ Court at East London in respect of any

action arising out of this agreement of lease, notwithstanding the fact that the amount in dispute may exceed the

Magistrate Courts’ jurisdiction.

24.DOMICILIA (The physical address chosen where summons, legal documents and notices can be served)

For the service of all legal process the Lesseechooses the address of the premises hereby let andthe Lessor chooses the

address contained in the in the information sheet attached hereto. For the service of any notices by either party

the parties agree that good service will be effected by any of the following: