SCHEDULE 1 GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

 Unless the context dictates otherwise -

"actual exit inspection date" means the date on which the exit inspection actually takes place

"actual six monthly exit inspection date" means the date on which the six-monthly inspection in question actually takes place

"cancellation letter" means a letter by which the lessor cancels and terminates the lease and gives the tenant notice of the notified inspection date.

"commencement date" means the date on which occupation will be taken of the premises, being the date from which advance payment of the total monthly rental will commence;

"common areas" means all areas of the development, including outside areas, which have not been reserved for the exclusive use and occupation of any tenant;

"deposit" means the amount of money which the tenant is required to pay as security and which is repayable to the tenant subject to the deduction of any amounts owing to the lessor at the end of the lease in respect of any damage to the premises during the lease period and any other amounts owing to the lessor for arrear rental or otherwise;

"development" means the erf or property on which the premises are situated and on which other tenants of the lessor also reside.

"entry inspection report" means the report that is filled in during the entry inspection before the tenant takes occupation of the premises.

"House Rules" means the rules to be complied with by tenants and their co-occupants and visitors on  the premises and inside the development on which the premises are situated , in such form as such House Rules exist from time to time, the initial set of which is attached to the lease agreement as Schedule 2 and which the lessor may amend from time to time on proper notice to the tenant.

"initial rental" means the rental that is agreed to in the lease agreement when it is signed, and which is subject to increases as allowed by law and on proper notice.

"Inspector" means a person appointed by the lessor to inspect the premises, and "entry inspector"/ "six-monthly inspector" and "exit inspector" bear corresponding meanings.

"lease agreement" or "the lease" means this lease agreement between the parties which includes the Main Agreement, SCHEDULE 1 : GENERAL TERMS AND CONDITIONS and SCHEDULE 2: HOUSE RULES and SCHEDULE 3: RELATED DOCUMENTS;

"main agreement" is the document with heading "LEASE AGREEMENT"  signed by the parties to which this SCHEDULE 1 "General Terms and Conditions"  and "SCHEDULE 2" "House Rules" and SCHEDULE 3: RELATED DOCUMENTS; is attached.

"municipal services" means the services provided by the municipality to the premises for the account of the tenant e.g. water and electricity; and.

"new six monthly inspection date" means the reasonable date chosen by the tenant for the next six-monthly inspection in the event that the tenant is not able to be present at the premises in the notified six monthly inspection date.

"new exit inspection date" means the reasonable date chosen by the tenant for the exit inspection in the event that the tenant is not able to be present at the premises in the notified inspection date.

"notice of breach" means a written notice by the lessor to a resident allowing the resident 10 business days within which to remedy the breach, failing which the lessor has the right to cancel and terminate the lease (in the case of a tenant) or to demand the immediate vacation of the premises ( in the case of an occupant)

"notice of increase" means a notice given by the lessor to the tenant that the rental will be increased.

"notified exit inspection date" means the date and time stated in the notice of cancellation when the lessor intends that the exit inspection will take place

"notified six monthly inspection date" means the date and time stated in the notice of six monthly inspection date when the lessor intends that the next six-monthly inspection will take place

"occupant" means a person who resides at the premises together with the tenant.  .

"premises" means the dwelling unit as described in the main lease agreement;

"resident" means any person residing at the premises or on the development, irrespective of whether that person is a tenant or an occupant.

"site office administrator " means the employee of the lessor who is in charge of the site office

"site office" means the office on the development where the premises are located

"termination date" means the date on which the lease comes to an end, whether by virtue of its having been cancelled or for another legitimate reason.

"water account" means the municipal account which the tenant must pay each month to the municipality in respect of the tenant`s water usage.

"written notice" or "in writing" means a communication (a) by means of an email or SMS duly transmitted; or (b) by the tenant lodging a complaint or communication on the lessor`s website; or (c) hard copy letter or document delivered by the tenant to the site office or delivered by the lessor to the tenant`s unit by handing it to an occupant or sliding it under the front door. The lessor`s website shall have a link to enable the tenant to log in and file a complaint.  The lessor may provide pro forma templates for SMS or email communications from the tenant to the lessor, to ensure that each such communication is passed on to the appropriate department.

Note: expressions in the singular also include the plural, and vice versa, words and phrases denoting natural persons refer also to juristic persons, and vice versa, and reference to any gender include the others.



2. PREAMBLE:

The tenant acknowledges and understands that:

2.1. the lessor is a provider of social housing created under the Social Housing Act 16 of 2008 ("the Act") and

2.2. the purpose of the Act is to establish, develop and maintain socially and economically viable communities with safe, healthy living conditions and to ensure the elimination and prevention of slums and slum conditions and

2.3. given the fact that the various tenants, occupants and residents of the various dwelling units on  the development live in close proximity to each other,  vulnerable  residents such as children, women, the disabled and the elderly are at particularly high risk of being subjected to crime,  sexual abuse and other forms of abuse and harassment at the hands of other residents, tenants and their visitors and

2.4. it is therefore necessary that the lessor should implement strict measures aimed at promoting the safety and wellbeing of all the persons lawfully occupying the development on which the premises is situated and

2.5. it is necessary that the freedoms of the tenant will be qualified or curtailed to a reasonable extent, in order to promote the wellbeing and safety of the community of residents on the development as a whole and

2.6. Regulation 6(1)(e) of the Regulations under the Rental Housing Act require the lessor to formulate a set of house rules which must also take into consideration the interest of the neighbourhood with particular emphasis on preserving the peace.

2.7. Regulation 6(1)(i) of the Regulations under the Rental Housing Act require the tenant to comply with the House Rules, which are enforceable pursuant to the Regulations under the Rental Housing Act and the tenant is legally required to respect the peace of the area of the development.

2.8. the House Rules which form an integral part of this lease are reasonable and necessary to achieve the above purposes.







3. PAYMENT OBLIGATIONS OF TENANT

3.1. The initial rental for occupation shall be calculated on a pro-rata basis if the  tenant takes occupation before the 1st of the month.

3.2. The tenant shall pay the rental without any deduction, in advance, on or by the first day of the month, commencing on the commencement date, via debit order.

3.3. The tenant must ensure that the rent is paid into the lessor`s bank early enough to ensure that the rental payment must in the lessor`s bank account by 8am  on the first day of the month.

3.4. The lessor will set up a monthly debit order in respect of the tenant`s bank account, on the basis that the rental amount is automatically transferred from the tenant`s bank account into the landlord`s bank account at 8am on the first day of each month. The tenant must make proper arrangements with the tenant`s employer or the source of the tenant`s income to ensure that there are sufficient funds in the tenant`s bank account by 6pm on the  last day of each month.  In cases where there are no funds in the tenant`s bank account when the automatic debit order transfer is attempted then the lessor will again automatically attempt to transfer the rental on the fourth day of the month.  In instances where this is necessary the tenant will be obliged to pay an admin- penalty in the amount of R# to the lessor, who will debit the tenant for the admin-penalty in the tenant`s next rental invoice.

3.5. The tenant must arrange for a bank account in the tenant`s name to be opened and must give the tenant`s banking details to the lessor when the lease is signed and must sign the necessary debit order instruction.

3.6. Only in exceptional cases will cash deposits be accepted, namely where it is not reasonably possible for the tenant to operate a bank account.  A cash-payment arrangement must be requested by the tenant before the lease is signed.  Such cash deposits will attract an additional cash deposit fee per transaction,.







4. STATE OF THE PREMISES

4.1. The lessor undertakes that  - to the maximum extent possible taking into account the lessor`s financial means - the premises on the commencement date, will be fit for human habitation and  pose no threat to the life, health, safety, personal property, or general welfare of the tenant,  subject to what follows below.

4.2. Entry inspection

4.2.1. On or before the commencement date,  a representative of the lessor and the tenant  in person will together  inspect the premises to determine whether there are any defects and will record in an entry inspection report any such defects and the period within which a list of specified defects are to be made good by the lessor.

4.2.2. Both the tenant and the lessor must receive a copy of the  entry inspection report, which shall be signed by the tenant personally and on behalf of the lessor.

4.2.3. The lessor is not obliged to repair all the defects found on the premises. The purpose of the entry inspection report is to record the state of repair in which the tenant took occupation of the premises. The lessor is only obliged to repair the specified defects  that will be listed in the entry inspection report.

4.2.4. By means of taking occupation of the premises, the tenant acknowledges that the tenant finds the premises suitable for the purpose for which they are let.

4.3. Six-monthly   inspections

4.3.1. The lessor will be entitled to inspect the premises every six months

4.3.2. The tenant will be entitled to be present at these six-monthly inspections.

4.3.3. During each of these six-monthly inspections, the tenant and a representative of the lessor ("the inspector") will conduct  an inspection of the premises together and record what damage was caused to the premises during the previous six months.

4.3.4. The lessor is to give the tenant 14 days` notice by email or whatsapp of the planned date of each six-monthly inspection ("the notified  six monthly inspection date")

4.3.5. If the tenant is unable to be present for such an  inspection on the notified  six-monthly inspection date then the tenant must within 7 days of receiving such notice inform the lessor by email or whatsapp or by written notice delivered to the site office administrator of that fact and must state a date (which should not be more than 7 days after the notified six-monthly inspection date) when the tenant will be able to be present at the inspection ("the new six monthly  inspection date").

4.3.6. If the tenant is not present at the premises at the appointed time on the actual six-monthly inspection date then the six-monthly inspection will take place in the absence of the tenant.  If the tenant has locked the  inspector out of the premises then the  inspector will be entitled to arrange for a locksmith to allow entry into the premises for the purposes of conducting the six-monthly inspection.

4.3.7. The tenant and the lessor shall each receive a copy of the six-monthly inspection report, which must be signed by the tenant and the inspector. Should the tenant fail to sign such report, such report may be signed by the inspector alone.



5. RENTAL INCREASE

5.1. The lessor may increase the rental set out in the main agreement once a year on 1st of July by such amount as is allowed by law.

5.2. The lessor must give the tenant at least two calendar months` written notice of any such increase and the reasons for the increase.

5.3. In the event that the tenant foresees that the tenant will not be able to afford the increased rental amount then the tenant may within 14 days of receipt of the notice of increase furnish the lessor with a copy of the tenant`s latest remuneration advice or latest bank statement and must request the lessor for an exemption from the rental increase. The lessor may in its sole discretion decide whether or not to exempt the tenant partially or fully from the rental increase.  If a smaller or cheaper dwelling unit is available,  and the lessor will offer to allow the tenant to relocate to that smaller or cheaper dwelling unit.

5.4. If the tenant decides to vacate the premises after the rental has increased then the tenant must  give the lessor one calendar month`s notice of termination of the lease.



6. LIABILITY FOR THE TENANT`S WATER USAGE

6.1. Simultaneously with signature of this lease agreement, the tenant will sign a separate letter granting the necessary authority to the lessor to obtain from the municipality and to the municipality to provide to the lessor  copies of the tenant`s water account upon request by the lessor from time to time for the entire duration of the lease and until the tenant has vacated the premises. This clause does not detract from the position that it remains  the responsibility of the tenant to ensure that the tenant obtains an electronic or hard copy of the water account each month from the municipality:  It shall not be a valid excuse for the tenant to say that the tenant was not given a copy of the water account by the municipality or by the lessor. Upon written request from the tenant, the lessor will provide the tenant with a copy of the tenant`s latest water account, only if the lessor is at the time of the request in possession thereof.

6.2. The tenant will, each month , promptly pay the  municipal water account in respect of the tenant`s water usage ("the water account").

6.3. The tenant will promptly furnish to the lessor on request

6.3.1. (a) a copy of each  municipal water account plus

6.3.2. (b) proof of payment of each such account.

6.4. The tenant will  meticulously retain all municipal water accounts and all proofs of payment so that these will be readily to hand when the lessor calls for copies thereof.

6.5. The tenant`s obligation to pay the water account to the municipality constitutes a material term of the lease . Breach of that obligation entitles the lessor to cancel and terminate the lease if, after giving the tenant reasonable notice to remedy that breach, the tenant fails to do so.

6.6. The lessor is not permitted to cause the non-supply or interrupted supply of services to the premises without a court order, except in an emergency, or after reasonable notice to the tenant  for the lessor to carry out maintenance, repairs or renovations, but the services must be resumed as soon as reasonably possible after such emergency, maintenance, repairs or renovations; ?

6.7. The lessor must take reasonable steps to ensure that the tenant is not exposed to the risk of interruption or loss of service provider in circumstances where the tenant has made timeous payment to the landlord in respect of the amounts due for such services;

6.8. The lessor must not request payment of any fee in consideration for providing the tenant with copies of the tenant`s water account; ?Nothing in this lease is to be interpreted to place any duty on the lessor to provide the tenant with copies of the water account:

6.9. If the lessor pays the tenant`s water account to the municipality then the tenant will be obliged to reimburse the lessor the amount which the lessor paid.  If the tenant fails to reimburse the lessor on demand, then the lessor will  give a written notice to the tenant giving the tenant 10 working days within which to reimburse the lessor, failing which the lessor will be entitled forthwith to cancel the lease on one month`s calendar notice to the tenant and to institute legal proceedings against the tenant for reimbursement of that amount.

6.10. In such instances, the following documents tendered to a court in evidence by the lessor will constitute prima facie proof of the correctness of their contents:

6.10.1. (a)  a document purporting to be municipal water account relating to the tenant and the premises unit  and

6.10.2. (b) a Proof of Payment notice from the lessor`s bank indicating that the lessor has paid the amount of the water account to the municipality.



7. THE LESSOR`S MAINTENANCE and OTHER OBLIGATIONS



The lessor must:

7.1. keep the outside and the structure of the premises and exterior walls/roof in a good state of repair throughout the lease period;

7.2. take reasonable steps to ensure that the tenant enjoys undisturbed use of the premises while  the repair work is in progress;

7.3. maintain the common property, if any, in good order and repair; ?

7.4. maintain electrical, plumbing, sanitary, heating, ventilation, air conditioning systems and elevator systems in good order and repair; ?

7.5. repair any damage to the dwelling or common area caused by fair wear and tear; ?

7.6. provide and maintain appropriate container sand places for the removal of ashes, garbage, rubbish, and other waste incidental to the dwelling and arrange for its removal; ?

7.7. effect repairs which the lessor is responsible for under the lease and as identified during inspections by the lessor`s inspector or on receipt of a notice from a tenant to carry out  such repairs, but the lessor  is not liable for repairs if the tenant, his or her household members of visitors brought about the state of disrepair; and ?

7.8. effect repairs for which a lessor is responsible , under the lease and as identified during inspections by the lessor or on receipt of a written notice form the tenant to do such repairs, ?

7.9. attend to remedy any major breakdown of any electrical, water or sewerage installation.

7.10. Should the lessor fail to comply with the obligations herein, the tenant may deliver to the lessor a written notice  demanding that the lessor effect the necessary repairs to the property within 7 days. Should the lessor not do so after the expiry of the 7 days, the tenant may attend to the necessary repairs at the tenant`s own cost and then claim reimbursement of the reasonable cost of such repairs from the lessor , subject to the requirement that the tenant must (save in the event of an emergency) first obtain three quotations from three different service providers for such repairs and must employ the services of either the cheapest or the second cheapest service provider.  Copies of the three quotations must be furnished thereafter to the lessor by email or whatsapp.

7.11. The lessor must take reasonable steps to ensure that no other person conducts any activity within a dwelling on the development which is expressly prohibited under the House Rules, regulations to the Rental Housing Act  or any other law, which shall include disturbance of the peace of the area;

7.12. The lessor must not Ð

7.12.1. intimidate, discriminate or retaliate against the tenant for exercising any right under the Rental Housing Act or the regulations thereto or any other law;

7.12.2. preclude the tenant form establishing or being a member of any tenants committee or any similar body;

7.12.3. make a false representation regarding the official nature of any document or refuse to accept any notice lawfully presented or sent by the tenant;

7.12.4. engage in oppressive or unreasonable conduct;

7.12.5. fail to comply with the Rental Housing Tribunal complaint procedures or any agreement concluded with the Rental Housing Tribunal or with the tenant through the Rental Housing Tribunal`s complaint procedures;

7.12.6. conduct any activity which unreasonably interferes with or limits the rights of the tenant or which is expressly prohibited under the lease, the Rental Housing Act or the regulations thereto or any other law; nor

7.12.7. induce a person to waive that person`s rights under the Rental Housing Act or the regulations thereto or any other law; nor to withdraw from proceedings before the Rental Housing Tribunal.



8. TENANT`S MAINTENANCE AND OTHER OBLIGATIONS

8.1. Throughout the lease period the tenant must maintain the inside of the premises in good order and condition at the tenant`s cost.

8.2. The maintenance of internal fittings including the plumbing and electrical system in the premises is generally the responsibility of the lessor. The tenant, however, must keep and maintain the sewerage pipes and drains in or from the premises free from obstruction or blockage and in good working order.

8.3. The tenant must Ð

8.3.1. use the premises  in a proper manner and for the purpose for which the premises are  let, and in a manner which does not contravene the regulations under the Rental Housing the Act or any other law; ?

8.3.2. dispose from the premises  all ashes, garbage, rubbish, and other waste in a reasonable clean and safe manner; ?

8.3.3. maintain the premises  in a clean, tidy and safe state of repair; ?

8.3.4. use, in a reasonable manner, all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators on the premises; ?

8.3.5. refrain from intentionally or negligently damaging, defacing, impairing, or removing any part of the premises or common property or knowingly permitting any person to do so, who is on the premises with the tenant`s permission or allowed access to the premises by the tenant and the tenant is liable for the repair of such damage, fair wear and tear excluded, at the tenant`s own costs; ?

8.3.6. during the period of lease  maintain, replace or repair electrical globes, fittings and switches and also be liable for the maintenance, repair or making good all water-borne taps, stoves, locks, handles, and windows where such damage has not been due to natural causes; ?

8.3.7. maintain the garden, if any, and keep the same in neat and tidy condition; ?

8.3.8. comply with the House-Rules in Schedule 2 of this lease, which are enforceable pursuant to the regulations under the Rental Housing Act and must respect the peace of the area; and ?

8.4. The tenant must not Ð

8.4.1. intimidate, discriminate or retaliate against the landlord for excising any right under the Rental Housing Act and the regulations thereto or any other law;

8.4.2. make a false representation regarding the official nature and any document or refuse to accept any notice lawfully presented or sent by the landlord;

8.4.3. engage in oppressive or unreasonable conduct;

8.4.4. fail to comply with the Rental Housing Tribunal`s complaint procedures or any agreement that may be concluded with the Rental Housing Tribunal or with the landlord through the Tribunal`s complaint procedures;

8.4.5. conduct any activity which unreasonably interferes with or limits the rights of the tenant or which is expressly prohibited under the lease, the Rental Housing Act and the regulations thereto or any other law; and

8.4.6. cause or permit any nuisance upon the dwelling and neighbouring properties; and

8.4.7. induce a person to waive the person`s rights under the Rental Housing Act and the regulations thereto or any other law, or to withdraw from proceedings before the Rental Housing Tribunal.

8.4.8. The lessor and the tenant both acknowledge that every obligation under the Rental Housing Act and the regulations thereto or any other law and every act which must be performed as a condition precedent to the exercise of a right or remedy, imposes on the lessor and on the tenant an obligation of good faith in its performance or enforcement.

8.4.9. As soon as the tenant  notices a breakdown or condition requiring repair the tenant shall promptly advise the lessor as to the condition of the premises and indicate what repairs or maintenance work appear to the tenant to be needed.

8.5. Whereas the tenant retains all the tenant`s common law rights to institute legal proceedings against the lessor to enforce compliance by the lessor with the lessor`s obligations, the  tenant is not entitled without an order of court to  withhold or deduct any rental because of  any inconvenience or damages that may be caused by repairs and maintenance works undertaken to the premises nor because of any delay by the lessor in effecting repairs and maintenance or any damages which the tenant claims to have suffered as a result thereof.

8.6. The costs of any repair work (fair wear and tear excepted) that is occasioned by the negligence or deliberate actions of the tenant, co-occupants or  visitors  is to be borne by the tenant. The lessor will arrange for the necessary repairs to be done. The lessor shall invoice  the tenant at the end of the month in question for such outlay and the amount  shall be payable within 30 days of invoicing .





9. ENTERING THE PREMISES

9.1. The lessor may only enter the premises  on reasonable notice to the  tenant  and at reasonable times only and for one or more of the following purposes:

9.1.1. to inspect the premises at the commencement of the lease and every six months thereafter

9.1.2. to make repairs to the premises;

9.1.3. to show the premises to a prospective tenant, purchaser, mortgagee or its agents; ?

9.1.4. to inspect the dwelling for damages or upon notification by the lessor`s agent or  employee  or the tenant of the intention to terminate the lease;

9.1.5. if the dwelling appears to be abandoned by the tenant; or ?

9.1.6. pursuant to an order of court, or

9.1.7. to deal with an emergency .

9.2. The tenant must allow a landlord to enter a dwelling for the above purposes

9.3. Save for emergency situations or where the lessor is not able to contact the tenant, such entry and/or inspections will take place by prior arrangement with the tenant.

9.4. The tenant must allow the lessor`s representatives or workmen to carry out all maintenance works necessary to the premises.

10. CHANGING OF LOCKS

10.1. The lessor and the tenant must not change locks or doors providing access to the premises unless it is necessary to replace the locks or doors due to fair wear and tear or other reasonable causes, and without written reasonable notice  (save in an emergency) of the proposed change to the other.  In such event duplicate keys must be made available  to the other immediately upon such change of locks. ?

10.2. The lessor may make use of the services of a locksmith in order to gain access to the premises only (a) for the purposes of conduct an entry inspection, 6 monthly inspections or exit inspections in circumstances where the tenant has not arrived for the previously scheduled inspection and the front door is locked  and (b) the if there is an emergency and the lessor cannot timeously contact the tenant to unlock the premises  or (c) the tenant has unlawfully prevented the lessor`s representative , inspector or contractor from entering the premises.

10.3. In cases where a locksmith has been employed to change the locks, the lessor must immediately notify the tenant that the new keys may be collected from the site office for the development. The tenant is liable to reimburse the lessor for the cost of the replacement lock and keys in such cases where the tenant unlawfully prevented the lessor`s agents from entering the premises.



11. STRUCTURAL ALTERATIONS  BY THE TENANT

11.1. The tenant must not make any structural alterations and additions to the premises without the lessor`s prior written consent, which consent may not unreasonably be withheld.

11.2. Any alterations or additions made at the instance of the tenant with the lessor`s consent must be carried out by the tenant at the tenant`s cost and - should the lessor so require -  under the supervision of an architect or engineer approved by the lessor, whose fees the tenant shall pay;  and in accordance with any other reasonable conditions and requirements stipulated by the lessor.

11.3. The tenant is obliged to carry out maintenance works to alterations or additions done by him or herself at his or her own cost.

11.4. The tenant will not be reimbursed or compensated by the lessor in respect of any alterations or additions unless the lessor has specifically agreed to such payment in writing.



12. SITUATIONS WHERE  THE TENANT TO VACATE THE PREMISES  IRRESPECTIVE OF THE TENANT`S WISHES

12.1. Situations  that require temporarily  vacating

12.1.1. If major refurbishing needs to be done

12.1.2. If major repairs need to be done following damage to destruction of the premises;

12.1.3. If any resident has been convicted of a crime involving violence, theft, sexual abuse, sexual assault, rape or drugs and pending the outcome of eviction proceedings.



12.2. Situations  that require permanently vacating

12.2.1. If the court has ordered the tenant to vacate.

12.2.2. If the premises are destroyed by any cause beyond repair

12.2.3. If the lessor chooses to demolish the premises and rebuild them.



13. REFURBISHMENT

13.1. If the lessor decides to refurbish the premises the lessor may require the tenant to vacate the premises for a reasonable period.   The lessor may only request the  tenant to vacate the premises if any repairs, conversions or refurbishment are necessary and cannot be properly done while the tenant remains in occupation; ?

13.2. The lessor must try to minimize the disruption caused by refurbishment to the tenant and may not require the tenant to pay rental for the period  during which the tenant is required to vacate the premises unless the lessor has offered the tenant  equivalent alternative accommodation In such event, there will be no remission of rental.

13.3. If the lessor is not able to provide the tenant with other equivalent accommodation during the refurbishment process, then the tenant is entitled to cancel and terminate the lease with immediate effect.  The tenant will not be entitled to any compensation or damages as against the lessor and the lessor will not be entitled to any rental save , on a pro rata basis, in respect of that portion of the calendar month in question during which the premises were being refurbished.

13.4. The lessor shall give the tenant no less than two calendar months` written notice of the planned refurbishment, in order to give the tenant a fair opportunity to secure alternative temporary accommodation and to remove such items from the premises as may be necessary for purposes of the refurbishment.

13.5. The lessor must take all reasonable measures, taking into account the lessor`s financial means, to effect the repairs, conversion or refurbishment within a reasonable time so as to cause the tenant as little inconvenience as possible; and to ensure that the tenant is able to return to the dwelling as soon as possible after the completion of the repairs; conversion or refurbishment.

13.6. Where the lessor is required to make necessary repairs, conversions or refurbishment only to a part of the dwelling and a tenant continues to occupy the remaining part, a tenant is entitled to a remission in rental, the amount of which is proportionate to the actual space from which a tenant has been deprived. ?

13.7. If the tenant, having been requested to vacate the dwelling, does not do so, the tenant has no claim against the landlord for injuries or loss suffered while the dwelling is being repaired, converted or refurbished.



14. LESSOR MUST REPAIR DAMAGE TO OR DESTRUCTION OF DEVELOPMENT AND/ OR  PREMISES

14.1. If the development and/or the premises is destroyed by fire or any other cause, the lessor will, as soon as reasonably possible-  and provided that the lessor has the financial means to do so - repair and/or rebuild the premises and/or the development.

14.2. Lessor`s duty to provide other accommodation: If the lessor rebuilds or repairs the property or premises, the lessor may change or vary the form of construction of the property or premises. In this event the tenant will not be entitled to the identical kind or standard of accommodation as regards the position and area of the property as the tenant  enjoyed before the destruction of the premises or property.



15. TEMPORARY VACATING OF PREMISES BY RESIDENTS FOR SAFETY OF OTHER RESIDENTS

15.1. A resident must temporarily vacate the premises within 7 days of being called upon by the lessor to do so if

15.1.1.  a final protection order has been obtained by any other resident on the development against the resident or

15.1.2.   the resident  has been arrested by the police on any criminal charge or investigation.

15.2. Such a resident may only return to the premises if

15.2.1.  no criminal charges are made following the arrest or

15.2.2.  the resident is released on bail or

15.2.3.  the resident  is subsequently acquitted



15.3. Any resident who is convicted of an offence involving violence, theft, sexual abuse, sexual assault, rape or drugs must temporarily vacate the premises immediately upon such conviction.

15.3.1. In such a situation, that resident must stay away from the development pending the outcome of formal eviction proceedings  and

15.3.2. may only return to the development if the court who has adjudicated the eviction proceedings orders that the resident may resume residence at the premises.



16. LIMITATION OF DAMAGES CLAIMS AGAINST THE LESSOR FOR DAMAGE TO PROPERTY

16.1. Unless the damage or destruction is caused intentionally or with gross negligence on the part of the lessor`s agents or employees acting in the scope of their employment with the lessor: the tenant will not have any claim against the lessor for damage to or destruction of the tenant`s property  or resulting from damage to the lessor`s property, and the lessor will not be obliged to compensate the tenant for any of his or her loss or damage caused by the fact that  the tenant could not occupy or use the property or the premises because of the damage.

16.2. The tenant hereby indemnifies the lessor in respect of any claim for damages that may be made against the lessor  by any of the tenant`s occupants or visitors

17. NO DAMAGES FOR INJURY

17.1. The lessor will not be responsible for damages arising from  injury to any resident except if the damage is caused intentionally or with gross negligence by the lessor, its agents or employees.

17.2. The tenant hereby indemnifies the lessor against any claims for damages brought by the tenant`s co-occupants or visitors.



18. DAMAGES FOR BREACH

18.1. In addition to the right to cancel and terminate the lease: Save in the case of impossibility of performance due to vis maior: if a party breaches the terms of this lease  agreement and thereafter fails  to remedy the breach within 10 business days after receipt of written notice from the other party calling upon him to rectify such breach, then the aggrieved party shall be entitled to be paid damages from the breaching party arising from such breach.

18.2. If  the breaching party fails to remedy the  breach within 10 business days after receipt of written notice, then the  aggrieved party shall remain entitled to cancel this agreement notwithstanding any steps already taken in terms of the breaching party`s enforcement of his rights in terms of this agreement.



19. VIS MAIOR  AND IMPOSSIBILITY OF PERFORMANCE BY EITHER PARTY

19.1. Impossibility of performance by the lessor:

19.1.1. The tenant is not entitled to a remission of rental in cases where  the premises become unfit for occupation as a result of vis maior, which means an unforeseen  superior power or force which cannot be resisted or controlled  and was not caused by the lessor`s fault and which is a legal or physical restraint.  Examples include but are not limited to earthquakes, fire, locusts, plague, a pandemic requiring strict isolation, an act of State, abnormal weather conditions such as abnormal storms, floods, frost, snow, heat, drought of such a magnitude that it could not reasonably have been foreseen or guarded against.

19.1.2. However, if the lessor does have other available accommodation elsewhere then, in the event of vis maior rendering the premises uninhabitable, the lessor is required to provide the tenant with alternative accommodation which must as far as is reasonably possible be equivalent to the premises as the premises were before being damaged. In such event, there will be no remission of rental.

19.1.3. The tenant will not be entitled to  a remission of rental where vis major interferes with the tenant`s beneficial use and enjoyment of the property for 14 days or less..  After the impossibility has prevailed for 14 days, the tenant will be entitled, notwithstanding the presence ofÊvis maiorÊbe entitled to cancel the lease.

19.1.4. If after the aforesaid 14 days period, the lessor is still not able to provide the tenant with other equivalent accommodation, then the tenant is entitled to cancel and terminate the lease with immediate effect.  The tenant will not be entitled to any compensation or damages as against the lessor and the lessor will not be entitled to any rental save , on a pro rata basis, in respect of that portion of the calendar month in question during which the premises were habitable.

19.2. Impossibility of performance by the tenant

19.2.1. In circumstances where it becomes impossible for the tenant to pay rental by reason of unconsciousness, hospitalisation, mental illness or other circumstances which were caused by the tenant and could not be foreseen or prevented by the tenant and if the tenant was not already in arrears or material breach of the lease agreement when the impossibility arose then then there will be a remission of rental for one calendar month.

19.2.2.  If by the end of that calendar month, the impossibility continues to prevail then the lessor will be entitled to cancel the lease on one calendar months` notice, in circumstances where the tenant has despite having been given  a notice of breach failed to comply with it, .

19.2.3. The mere fact that a tenant has become unemployed or has ceased to have an income ("pure financial inability") does not entitle the tenant to a remission of rent. In  the case of pure financial inability, the lessor, will be entitled, in circumstances where the tenant has been given  a notice of breach and has failed to comply with it, , be entitled to cancel and terminate the lease one calendar months` notice.

19.2.4. In instances of permanent partial inability on the part of the tenant to pay rental, then the lessor has the choice in its sole and unfettered discretion either to accept the partial performance by the tenant for a period to be decided by the lessor or to cancel the lease.

19.2.5. In instances of a temporary partial or total inability to pay the rental, it is incumbent on the tenant to approach the lessor for a payment arrangement, and ask to sign an Acknowledgement of Debt (AOD). The lessor may in its discretion either accede to such a request or may elect rather to  cancel and terminate the lease in circumstances where the tenant has been given  a notice of breach and has failed to comply with it .



20. TERMINATION

20.1. The  lease agreement will remain in force :

20.1.1.   for so long as the tenant meets the tenant`s obligations hereunder or

20.1.2.  until terminated by the tenant on 1 calendar month`s written notice to the lessor or

20.1.3.   in circumstances where the dwelling is in an uninhabitable condition and/or and needs to be demolished and rebuilt. In such a situation,  the lessor may terminate the lease agreement on 6 months` notice to the tenant if the property has become inhabitable ;

20.1.4. if the tenant vacates the premises without notice to the lessor: in such a situation the  lease is deemed to have come to an end on the date that the lessor established that the tenant had vacated the premises but in such event the lessor retains all its rights arising from the tenant`s breach of the lease.

20.1.5. Cancellation: If the tenant fails to pay the rental on due date and/or commits a  breach of any other material term  of the lease, then the lessor is required to give the tenant a notice of breach.

20.1.5.1. In the cancellation letter, the lessor must  inform the tenant of the date and time on which the lessor intends that the exit inspection is to take place ("the notified exit inspection date")

20.1.5.2. Only if the tenant has failed to comply with the notice of breach does the lessor have the right to cancel and terminate the lease.  This must be done on at least one calendar month`s written notice of cancellation



20.2. The lessor`s remedies above are additional to any other remedies that the lessor may have.

20.3. Should the lease  be cancelled for any reason whatsoever, the tenant and any co-occupants of the premises, shall  remain obliged to vacate the premises by no later than the termination date



21. HOLDING OVER

21.1. Should the lessor cancel the lease agreement and the tenant disputes the lessor`s right to do so and remain in occupation of the premises then, pending the determination of the dispute, the tenant shall continue to make payment of the total rental on due date and  the lessor`s acceptance of those payments will not in any manner affect its right to cancel the agreement or to any remedy it may have.

21.2. Should the dispute between the tenant and the lessor be determined in favour of the lessor, those payments will be regarded as amounts paid by the tenant on account of the loss sustained by the lessor as a result of the unlawful holding of the premises by the tenant.

21.3. Should the dispute between the tenant and the lessor be determined in favour of the tenant then the tenant`s payments in terms of will be reimbursed to the tenant.



22. EVICTION

22.1. The lessor may not evict the tenant without an order of court



23. LIABILITY FOR COSTS

23.1. The successful party in any court proceedings wherein the lessor or the lessee had to enforce such party`s  rights in terms of this lease agreement shall be entitled to legal costs on the attorney-and-own-client scale.

23.2. This includes court proceedings by the lessor to interdict the tenant from unlawful conduct or acting in contravention of the House Rules.

23.3. The unsuccessful  party in any such court proceedings undertakes to pay on demand all taxed or agreed legal expenses which the other party has incurred arising out of any breach of the lease,  the House Rules or the law, including proceedings before the Rental Housing Tribunal, or any court, including tracing costs, collection commission at the prevailing legal rate and all costs on the scale as between attorney and client.



24. RETURN OF THE PREMISES

24.1. On termination of the lease agreement for whatever cause the tenant must return the premises to the lessor in the same good order and condition as it was on the commencement date, fair wear and tear excepted .

24.2. The premises are considered to be in good order if, starting from the date of the entry inspection report:

24.2.1. the tenant has fulfilled his or her obligations of maintenance as required in this lease;  and

24.2.2. the tenant has restored any damage during  the tenant`s occupation of the premises and

24.2.3. any alterations or additions to the premises not agreed to by the lessor, have been removed and the premises completely restored to the original condition and

24.2.4. alterations and additions as agreed to by the lessor appear to be in good order and have been maintained.

24.3. The tenant will hand over, at the premises, all the keys of the premises (including keys to entrance doors to the main building in which the premises are located, storage room keys (if any) and the tenant`s mailbox (if any). external and internal doors and cupboard keys of the premises) to the site office on the development on the day the tenant vacates the premises, which shall be  no later than the termination date.

24.4. If this lease agreement is terminated or cancelled and the tenant leaves the premises, the tenant must upon vacating the premises return to the lessor all keys to the premises, The lessor may recover from the tenant any amount which it spends to replace any locks or keys.

24.5. The lessor has the right to treat all movable items (furniture and other articles) which remain in the premises after the tenant has vacated the premises as the lessor`s  own property and may remove such items at the tenant`s cost, unless:

24.5.1.  the lessor has been informed in writing before the  last of day of the lease by the tenant and the new tenant that the new tenant has bought such items or unless

24.5.2. the lessor has in writing given the tenant permission to collect the tenant`s moveable items by a specified extended date.



25. EXIT INSPECTION

25.1. During the calendar month leading up to the end of the lease, the tenant and a representative of the lessor ("the exit inspector") will conduct  an exit inspection of the premises together and record in an exit inspection report what kind of repairs are needed to bring the premises back to good order, fair wear and tear excepted  and what damage was caused during the lease period.

25.2. The lessor is required to give the tenant 14 days` notice by email or whatsapp of the planned date and time of the exit inspection ("the notified  exit inspection date").

25.3. If the tenant is unable to be present for an exit inspection on the notified date then the tenant must within 7 days of receiving such notice inform the lessor by email or whatsapp or by written notice delivered to the site office administrator of that fact and must state a date ( which should not be more than 7 days after the notified date) and time when the tenant will be able to be present at the exit inspection ("the new exit inspection date").

25.4. The tenant must  take all reasonable steps to ensure that on the date when the exit inspection takes place ( "the actual exit inspection date") the other persons then in occupation of the premises ( irrespective of whether they are duly registered occupants or unlawful occupants) are present at the premises and have got their identification documents with them.

25.5. In the event that the tenant or any other  occupant alleges that he or she is in ill health, then a medical certificate must if possible be produced at the exit inspection.

25.6. The tenant and the lessor shall each receive a copy of the exit inspection report, which must be signed by both parties. Should the tenant fail to sign such report, such report may be signed by the exit inspector alone.



26. DEPOSIT

26.1. The tenant must, before taking occupation of the premises, pay a deposit to the lessor in the amount set out in the main agreement.

26.2. The deposit must be invested by the lessor in an interest bearing account with a financial institution.

26.3. Interest shall be payable by the lessor in respect of the deposit at the rate of interest payable to an individual by a bank on a normal savings deposit.   The interest earned thereon will be for the benefit of the tenant.

26.4. At the expiration of the lease, the lessor may apply the deposit (and any interest thereon) to the payment of all amounts for which the tenant is liable, including arrear rental, administrative costs  and the costs of repairing damage caused to the premises by the tenant or the tenant`s occupants or visitors during the lease period and any lost keys.

26.5. If the amount owing to the lessor exceeds the deposit, the tenant is obliged to pay the difference to the lessor.

26.6. The relevant receipts being proof of the lessor`s outlay for the cost of repairs for which the tenant is liable must be made available to the tenant for inspection on request.

26.7. The remaining amount (if any) of the deposit must be repaid to the tenant within 21 days of the end of the lease.

26.8. The tenant will not be allowed to take occupation of the premises before the deposit plus the first month`s rental has been paid to the lessor.



27. RECEIPTS

27.1. The lessor will acknowledge all payments received by the tenant as follows:

27.1.1. In respect of rental  and arrear rental, the lessor will in the tenant`s monthly statement indicate the amounts received since the previous monthly statement;

27.1.2. In respect of all other payments received ( such as when the deposit is paid; when the tenant has reimbursed the lessor in respect of the cost of repairs and when the tenant has reimbursed the lessor for payment of the tenant`s water bill) the lessor will within 7 days of being paid that amount issue a receipt to the tenant via whatsapp or email, stating the address of the premises and identifying what the payment was for.



28. TENANT COMMITTEES

28.1. The tenant may together with other tenants, establish tenant committees annually to meet with the lessor on matters of common interest.



29. OCCUPANTS



29.1. The lessor has the sole discretion, which is to be exercised in a reasonable manner, to decide which persons other than the tenant are permitted to occupy the premises.

29.2. Subject to the overriding discretion of the lessor: the only persons who are, in general, permitted to occupy the premises together with the tenant are the children, siblings, spouse, fiancŽ or permanent life partner of the tenant and such persons expressly permitted in writing by the lessor to reside on the premises.

29.3. Unless otherwise approved in writing by the lessor, the maximum number of occupants including the tenant that may reside on the premises must not exceed 2 people per bedroom on the premises.

29.4. Upon signing the lease, the tenant shall complete the Occupancy Schedule.

29.5. The tenant may not allow any person who is not listed on the Occupancy Schedule to reside on the premises. This is a material term of the lease and breach thereof entitles the lessor to call upon the occupant immediately to vacate the premises after the occupant been given  a notice of breach and has  failed to comply with it. If the occupant fails to immediately vacate the premises then the lessor is entitled to bring court proceedings to evict the occupant.

29.6. The tenant is not permitted to allow any visitor to stay overnight for more than two nights on the premises without the lessor`s prior written permission.

29.7. If the tenant wishes for  occupants other than those listed in the occupancy schedule to reside on the premises with the tenant, then the tenant must first  complete a fresh Occupancy Schedule and must first  obtain the lessor`s written permission before any new occupants are permitted to reside on the premises.

29.8. No occupant will be permitted to reside at the premises unless and until the following documents have been furnished to the lessor in respect of that proposed occupant:

29.8.1.  identity document or passport  and

29.8.2. a clear HURU criminal record check

29.9. The tenant must also inform the lessor by whatsapp or email when a  registered occupant ceases to occupy the premises.



30. OCCUPANT`S OBLIGATIONS:

30.1. It is incumbent on the tenant to ensure that before taking occupation, each occupant over the age of 18 years must co-sign this lease agreement in the space provided in the main lease.

30.2. No occupant may take occupation of the premises until such occupant has co-signed the lease agreement

30.3. By co-signing this lease agreement, the occupant is bound by all the terms of this lease that refer to the occupant and to residents.

30.4.   Furthermore, the occupant undertakes:

30.4.1.  to vacate the premises by no later than the date that the tenant, for whatever reason, vacates the premises  or by the date that the lease comes to any end, whichever happens first and

30.4.2. to comply with the House Rules and

30.4.3.  to be present at the exit inspection and show to the exit inspector the occupant`s identity document, proof of income and medical certificate in the event of any illness.

31. PARKING BAYS

31.1. Where available, the tenant may hire a parking bay from the lessor to park a motor vehicle.

31.2. The lessor may adjust the rentals for the parking bay from time to time on two calendar months` notice.

31.3. The tenant may not use the parking bay after this lease  agreement  has been terminated.

31.4. Only a vehicle owned or used by a resident of the premises may be parked in the tenant`s parking bay.



32. INSURANCE

32.1. The lessor will at its cost  insure the property  on which the development is situated against damage including but not limited to the full replacement cost thereof.

32.2. The residents may not allow anything to be done or kept on the premises or in the common areas which may increase the amount of insurance which the lessor must pay.

32.3. Where the tenant causes the amount of the lessor`s insurance premium to increase by the tenant`s actions then the tenant will be personally liable to compensate the lessor with the extra amount of the insurance premium and the tenant will be required immediately to desist from such conduct.

32.4. The tenant will be responsible for the contents of the premises and must take out insurance if he or she wants to be so insured and must then pay to the insurer all the premiums for the contents of the premises.



33. NO SET-OFF

33.1. The tenant is not entitled to refuse or fail to pay any money or part of any money which the tenant owes to the lessor as a set-off against any money which the lessor may owe to the tenant or if the lessor is in breach of any terms of this agreement or for any other reason.



34. SUB-LETTING OR CESSION

34.1. The tenant must physically  reside on the premises during the lease period and may not allow any other person to occupy the premises or part thereof instead of the tenant.

34.2. The tenant may not sublet the premises or any part thereof without the prior written permission of the lessor.

34.3. The tenant may not cede any of his or her rights under this agreement to any other person or body.

34.4. The tenant does not have the right to choose his or her successor to the premises, but he or she may recommend a new tenant for the premises to the lessor.

34.5. The tenant understands and accepts that the lessor will draw up and keep a waiting list of people who wish to become tenants or sub-lessees of the lessor, and that the lessor has the sole discretion to decide in every case who the new tenant or sub-lessee will be. In the case of the death of the tenant, the lessor will give priority to the family members of the tenant who resided with the tenant in the premises, if they can afford the rental and comply with the lessor`s other requirements for accepting tenants or sub-lessees.

34.6. The tenant 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 4 weeks.



35. COMPLIANCE WITH HOUSE RULES

35.1. The tenant and other residents must  comply with the House Rules at all times.

35.2. The House Rules are for the safety, convenience, comfort and general well- being of all the tenants and lawful residents and visitors on the development and are additionally intended to promote the orderly and attractive appearance and sound management of the development.

35.3. The House Rules form an integral part of the lease.

35.4. The  obligation to comply with the  House Rules constitutes a material term of the lease.

35.5.  Violation of the House Rules entitles the lessor to cancel the lease (in the case of a tenant) and in the case of any resident to have the resident evicted from the premises (acting in compliance with the provisions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998) after the lessor has held an informal internal inquiry and has given the resident  a hearing.



36. AMENDMENT OF HOUSE RULES

36.1. The lessor may amend the House Rules from time to time.

36.2. At least 1 month`s written notice shall be given to all tenants on the development  of any proposed changes and the tenant shall be given an opportunity to raise objections to the proposed new House Rules.

36.3. Subject to the provisions of any applicable law, the final decision for implementation shall be a decision of the Board of the lessor.



37. NOTICES AND COMMUNICATIONS

37.1. If any party needs to give notice to the other party, such notice must be in writing via either email, SMS, WhatsApp or on paper.

37.2. The tenant chooses the email address and mobile number as stated on the application for a lease and in the main lease agreement, and also as stated on any registration for  access control, to which any communications from the lessor may be sent.

37.3. The tenant must formally in writing advise the lessor of any change in the selected email address and/or mobile number, failing which the lessor may continue to use the email address and mobile number on record and it shall be no defence for the tenant to deny receipt of the notice because of an alleged change in the tenant`s selected email address and/or mobile number.

37.4. All emails , SMSs and  WhatsApp`s transmitted are deemed  to be received within one hour of transmission.

37.5. In circumstances where the law or the applicable regulations may require physical delivery to the premises be made, then:

37.5.1. physical delivery of a notice by the lessor to the tenant  shall take place by means of sliding the notice under the front door of the premises and

37.5.2. physical delivery of a document by the tenant to the lessor shall take place by delivering such document to the site office administrator and obtaining a signature, on a copy of the document, to acknowledge receipt of such delivery.

37.6. The tenant further consents to receiving written communications by means of WhatsApp, SMS and/or by means of email and the tenant is permitted to give written communications to the lessor by means of email or WhatsApp or SMS to the email address and WhatsApp or SMS number reflected in the main lease agreement.



38. LEGISLATION

38.1. The lessor has the right, in the event of any legislation being enacted or regulation being promulgated that affects or may affect the rights or obligations of the lessor and/or the tenant, to amend the lease agreement accordingly.



39. MISCELLANEOUS

39.1. This lease agreement correctly reflects what the parties intend and is the whole agreement between the parties.

39.2. No other agreements, representations or warranties of whatsoever nature have been made by the parties, save as are included herein.

39.3. If this lease agreement is changed, cancelled or added to by agreement between the parties, or if any one party gives up any of his/her/its rights under this agreement then such changes or additions or cancellations or waivers will have no legal effect unless the parties put these changes in writing and each party signs the amendments.

39.4. The parties agree to do whatever is necessary, incidental or conducive to implement this lease agreement; including signing whatever documents must be signed.

39.5. If either party gives or allows the other party any latitude, extension of time or other indulgence under this lease agreement, this will not be considered to be an implied consent by any party or operate as a waiver of such party`s rights in terms of this agreement. It will also not stop this party from taking action to make sure that the other party complies with all the provisions of this agreement.



40. SALE OF THE PREMISES

40.1. If the lessor sells the premises, the lessor shall be entitled to cede and assign all the rights and obligations of this agreement to the new owner.

40.2. The lessor shall notify the tenant of the forthcoming change of ownership in writing.



41. TENANT`S LEGAL RIGHTS UNDER LEGISLATION

41.1. The tenant acknowledges that the lessor has informed the tenant that

41.1.1. the tenant has rights under, inter alia,  sections 4 and 5 of the Rental Housing Act 50 of 1999; sections 2 and 14 of the Social Housing Act 16 of 2008 and section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation Act 19 of 1998 and sections 14, 70 and 71 of the Consumer Protection Act of 68 of 2008 and that

41.1.2. the tenant may view the above Acts  by visiting the lessor`s website.

42. TENANT UNDERSTANDS THIS LEASE AGREEMENT

42.1. The tenant acknowledges that the tenant understands the contents of this lease agreement and that, insofar as the tenant cannot read or understand the English language well, the lessor`s representative has furnished the tenant with an isiZulu translation of the terms of the lease.

42.2. Furthermore, the tenant acknowledges that the lessor`s representative has informed the tenant that the tenant has the right to seek legal advice before signing the lease.

43. PROTECTION OF PERSONAL INFORMATION (POPI) ACT

43.1. The tenant consents in terms of the Protection of Personal Information Act No. 4 of 2013 ("POPIA") to the collecting, storing and processing by the lessor of the tenant`s personal information for the purpose of concluding this lease agreement , and any matters ancillary thereto.

43.2. The tenant agrees that the tenant`s personal information may be shared with other entities necessary to give effect to this lease agreement and to enforce the lessor`s rights, including but not limited to the lessor`s  internal staff, and includes express consent to disclose bank account details to facilitate the payment of deposits and monthly rent and the refund of the deposit in due course.

43.3. The lessor  shall retain the tenant`s personal information for only as long as is necessary to give effect to this lease agreement  and in compliance with POPIA and with any legislation such as FICA and the Estate Agency Affairs Act.

43.4. If the tenant believes  hereafter that the lessor has violated the tenant`s rights under POPIA then the tenant has the right to object to the collection, processing and or retention of any such personal information and has the right to request that personal information be corrected or deleted or to lodge a complaint with the Information Regulator.

[END OF SCHEDULE 1]



HOUSE RULES: SCHEDULE 2 ATTACHED TO THE MAIN LEASE

1.	Definitions
1.1.	In these House Rules, the definitions set out at the top of the SCHEDULE 1 GENERAL TERMS AND CONDITIONS  also apply to the House Rules


2.	Introduction

2.1.	Residents shall treat one another and the lessor`s representatives and all persons present on the development with dignity and respect.
2.2.	Residents shall refrain from insulting and defaming other persons on the development and from using foul language on the development and shall conduct themselves in a manner conducive to good neighbourly relationships.


3.	Noise

3.1.	Residents and their visitors shall be considerate to neighbours regarding noise.
3.2.	Loud music may be played only during the following times:
3.2.1.	 Friday evenings and Saturday evenings  between 6pm and 11pm
3.2.2.	All other evenings in the week: from 6pm to 7pm
3.3.	The volume of the music may not at any time exceed 60 decibels.
3.4.	Music may only be played inside the dwelling units and not in the common areas of the development.
3.5.	Vacuum cleaners may only be used between 7am and 5pm.
3.5.1.	 their noise level may not exceed 75 decibels and
3.5.2.	the duration of use per day may not exceed 20 minutes



4.	Vehicles

4.1.	Save with the written permission of the lessor: only vehicles that are roadworthy, reasonably clean  and in regular use may be parked in the development.
4.2.	Any vehicles found on the development that are damaged,  excessively dirty, not in general use, drip oil or are not roadworthy may be towed away at the expense of the person who parked the vehicle there.
4.3.	 Vehicles may not be washed on the development except using a cloth and a bucket of water.

5.	Trade
5.1.	No person may conduct any type of business or trade from premises or on the development unless the lessor and the neighbours have given there written consent thereto in advance.

6.	Littering
6.1.	Residents shall maintain their premises and the common areas and corridors in a neat and tidy condition
6.2.	The lessor may impose a fine for littering.

7.	Advertisements and posters
7.1.	No advertisements and posters shall be put up anywhere on the development save with the prior written consent of the lessor.
7.2.	Such advertisements and posters may be placed only in places designated by  the lessor.
8.	Demonstrations and political gatherings

8.1.	Demonstrations and all political/union gatherings of whatever nature shall not be allowed on any part of the development.



9.	Pets

9.1.	Residents may not, without the prior written consent of the lessor, keep any pets in the premises or on the development.

10.	Storage of inflammable materials

10.1.	No person may store any inflammable materials on the premises or on the development.

11.	Refuse disposal

Residents must-

11.1.	maintain a hygienic dustbin for refuse on the premises;
11.2.	ensure that before the refuse is placed in the dustbin, an approved plastic refuse bag is placed inside the dustbin;

11.3.	for refuse collection, place such plastic bags, securely tied, in the area designated by the lessor at the determined times. Care shall be taken not to allow plastic bags to split or spill and to ensure that refuse is not scattered.


12.	Security: Firearms and other weapons

12.1.	Save in the circumstances set out below, no firearms are permitted on the development.
12.2.	Only signed-up tenants may ( subject to the law and to the provisions of these House Rules and subject to the lessorÕs prior written permission) be in possession of  firearms on the development .
12.3.	No other kind of resident other than a tenant, and no visitor may be in possession of a firearm anywhere on the development.
12.4.	If the tenant is a police officer or is obliged by virtue of his or her employment to have a firearm in his or her person outside of working hours, then the tenant may only bring the firearm onto the premises under the following circumstances:
12.4.1.	The tenant must be in possession of a valid firearm licence in respect the firearm in question;
12.4.2.	The tenant must at all times be in possession of a valid certificate of competency and of all and any other necessary documentation to prove that he or she has acted in compliance with the requirements of the Firearms Control Act 60 of 2000 and the Regulations promulgated thereunder.
12.4.3.	Upon signing the lease agreement, the tenant must inform the lessor in writing of the fact that the tenant intends to bring a firearm onto the premises and that fact must be stated in the application for a lease.
12.5.	If the tenant  is already an existing tenant on the development  at the time that the tenant commences a job that requires him or her to possess a firearm then the tenant must immediately inform the lessor of that fact in writing.
12.6.	The tenant may not bring a firearm into the development unless and until the tenant has at his or her own expense installed a safe that has been securely bolted down to the floor and wall of the premises.  If and when the tenant later vacates the premises then- if the tenant chooses to remove the safe  - then the holes in the floor and wall must be properly filled and neatened at the tenantÕs own cost.
12.7.	It is the tenantÕs duty to familiarise himself or herself with the requirements of Regulation 86 of the Firearms Control Regulations and to ensure that he or she fully complies with those requirements.
Regulation 86(1) provides that ÒWhen a firearm is not under the direct personal and physical control of a holder of a licence, authorisation or permit to possess the firearm, the firearm and its ammunition must be stored in a safe or strongroom that conforms to the prescripts of SABS Standard 953-1 and 953-2, unless otherwise specifically provided in these regulations.Ó
12.8.	The tenant must instal a safe on the premises that complies with the requirements of  SABS 953-1, minimum Type B1.
12.9.	The safe must have  at least one lock, which may be a key lock of at least 6 levers or a combination lock of at least 3 wheels or an electronic lock.
12.10.	Any failure by the tenant to comply strictly with the requirements of the Firearms Control Act 60 of 2000 and the Regulations promulgated thereunder will constitute a material breach of the lease agreement which will entitle the lessor to cancel and terminate the lease with immediate effect.

12.11.	Save for the above rule regarding job-related firearms, no  resident is permitted to bring any traditional weapons or dangerous weapons onto the development.  These include pangas, spears, knobkerries, sjamboks, clubs and sticks and any other object designed as a weapon and capable of producing death or serious bodily harm, if it were used for an unlawful purpose.



13.	Person access covers ( Manhole covers)
13.1.	Only the lessor or persons approved by the lessor may remove manhole covers.
13.2.	No structures or objects may be placed on or over manholes.

14.	Sewers

14.1.	Only the lessor or persons authorised by the lessor may clean, repair or maintain the sewerage reticulation system.
14.2.	Residents shall ensure that no items are placed in toilets that can block sewers.

15.	Stormwater drainage

15.1.	No litter or rubbish or anything that may cause a blockage may be placed in the stormwater system.

16.	Electrical rules

16.1.	Only an electrician, authorized by the Lessor, shall be allowed to work on any electrical equipment in the premises or on the development.

16.2.	Residents must provide, at their own expense, all electric bulbs required on the premises.

17.	Laundry

17.1.	Residents must ensure that laundry is only hung in areas designated by the lessor and kept out of public view.
17.2.	No laundry is allowed to be hung out of windows or over balconies.

18.	Post

18.1.	Residents must clear their post boxes frequently and avoid littering due to uncollected post.

19.	Foul odours

19.1.	Residents may not cause foul odours which will be offensive to other residents.

20.	Damage

20.1.	Residents may not do anything that will cause any damage to the premises or development and will be liable for the cost of any damage caused.

21.	Fire equipment

21.1.	Residents may not tamper with any firefighting equipment and may not use fire hoses for any other use than fire fighting

22.	Use of Lifts
22.1.	Residents are required to use the lifts responsibly and efficiently in order to avoid waste of electricity.
22.2.	Children under the age of twelve years old are not permitted to travel in the lifts unaccompanied.
23.	Smoking and use of alcohol
23.1.	Only tobacco may be smoked. Vaping is also permitted.
23.2.	No smoking and vaping are permitted in the enclosed common areas including foyers and lifts.
23.3.	Smoking is only permitted inside the premises and in the outside, open, unenclosed  areas of the development
23.4.	Alcohol may only be consumed inside the premises. The consumption of alcohol by any person in the common areas outside of the premises is not permitted.


24.	Drugs
24.1.	Save for prescribed pharmaceutical drugs for which the resident or occupant can produce a prescription  on request by the lessor, no drugs of any kind (including dagga/cannabis)  are permitted anywhere on the development.
24.2.	This clause constitutes a material term of the lease and breach thereof by the resident entitles the lessor to cancel and terminate the lease.

25.	Drunken and disorderly conduct
25.1.	Residents and visitors are to conduct themselves in a socially appropriate manner. Drunken, drug-induced  and disorderly or socially disruptive conduct are not permitted.
25.2.	Residents are not permitted to disturb the peace on the development

26.	Abuse and harassment
26.1.	Residents are not permitted to harass any other person in the development.
26.2.	Harassment includes but is not limited to stalking,  psychological harm, physical harm, and financial harm, unwanted messaging, packages or letters.
26.3.	Residents are not permitted to defame, insult, humiliate, physically, verbally or emotionally abuse  other residents of the development
26.4.	Residents are not permitted to defame any resident of the development on a WhatsApp group chat or via email

27.	New Rules
27.1.	These Rules may be amended from time to time. At least 1 (one) month written notice shall be given to residents of proposed changes and residents shall be given an opportunity to raise objections to new Rules. Subject to the provisions of any applicable law, the final decision for implementation, shall be a decision of the Board of the lessor.


28.	Complaints procedure for breach of House Rules or the law:
28.1.	Any resident who feels aggrieved by the conduct of any other resident or visitor on the development and is of the view that such conduct constitutes a breach of the House Rules and/or the law, must follow the following procedure:
28.2.	The conduct of the offending person must as soon as reasonable possible be reported in writing to the lessor.
28.3.	If the lessor so requests, then the aggrieved resident must forthwith approach the MagistratesÕ Court for a Protection Order and/or a Domestic Violence Order and must immediately give the lessor a copy of the interim Protection Order and , in due course, must give the lessor a copy of the final Protection Order (if one is granted)
28.4.	The aggrieved resident must keep the lessor informed at regular intervals of the progress in the court proceedings.
28.5.	The lessor may also in the lessorÕs discretion conduct an inquiry into the alleged conduct and may take such legal action against the offending person as it considers appropriate.

END OF HOUSE RULES