STANDARDISED FIXED-TERM LEASE AGREEMENT

BETWEEN

THE PRIVATE ACCOMMODATION PROVIDER (“LESSOR”)

AND

THE NSFAS-FUNDED STUDENT (“LESSEE”)

LESSOR DETAILS LESSEE DETAILS

NAME: Sambulo Residences NAME:
THANDANANI MKHIZE
REGISTRATION NO: K2017496577 IDENTITY NO. 0602220842085

PHYSICAL ADDRESS: PHYSICAL ADDRESS:

kwaDlangezwa reserve Elandskop 411913

esixheni 3886
EMAIL: EMAIL:

TELEPHONE/ CELL NO.: 0713520426 TELEPHONE/CELL NO.: 0765795544

LEASE DETAILS GUARDIAN DETAILS (IF LESSEE IS A MINOR)

ADDRESS AND DESCRIPTION OF LEASED NAME: Thandeka Mkhize
PREMISES (PROPERTY/BUILDING/UNIT):
kwaDlangezwa reserve IDENTITY NO.:
7908120667081
esixheni 3886
PHYSICAL ADDRESS:
Elandskop 411913

NSFAS ACCREDITATION NO.:

NSAC000001243
LEASE PERIOD: Academic Term - MAX 10 Months EMAIL: [email protected]

START AND TERMINATION DATES OF LEASE:

TELEPHONE/CELL NO.:
02/05/2024 11/30/2024
0797588040

RENTAL AMOUNT: RELATIONSHIP TO NSFAS-FUNDED STUDENT:

3339.48
Mother

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 STANDARDISED FIXED-TERM LEASE AGREEMENT BETWEEN PRIVATE
ACCOMODATION PROVIDER AND STUDENT BENEFICIARY

1 DEFINITIONS

In this lease, except in a context indicating that some other meaning is intended -

1.1 "Building" means the building recorded on the cover page of this agreement;

1.2 "Day" means any day of the week, excluding weekends and public holidays;

1.3 “Guardian” means the guardian of the Lessee (if the Lessee is a minor) who enters into this
agreement on behalf of the Lessee;

1.4 "Lease Period" means the lease period recorded on the cover page of this agreement;

1.5 “Lease Start Date” means the start date recorded on the cover page of this agreement;

1.6 “Lessee” means the NSFAS Funded Student and Lessee recorded on the cover page of this
agreement;

1.7 “Lessor” means the Lessor recorded on the cover page of this agreement;

1.8 "Month" means a calendar month, and more specifically:

1.8.1 in reference to a number of months from a specific date, a calendar month starting on
that date or the same date of any following month; and

1.8.2 in any other context, a month of the calendar, that is, one of the 12 months of the
calendar, and "Monthly" has the corresponding meaning;

1.9 “National Accreditation Panel” is the NSFAS National Accreditation Panel appointed to accredit
accommodation, in accordance with, amongst others, the Policy on the Minimum Norms and
Standards for Student Housing at Public Universities, published in terms of the Higher Education
Act 101 of 1997;

1.10 “NSFAS” means the National Student Financial Aid Scheme established in terms of the National
Student Financial Aid Scheme Act 56 of 1999, and has the same meaning as “the Scheme”;

1.11 “Private Accommodation Provider” means a private accommodation provider accredited by

NSFAS to provide accredited accommodation to NSFAS-funded students;

1.12 “Parties” means the Lessee and the Lessor;

1.13 "Premises" means the unit number in the Building recorded on the cover page to this agreement;

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1.14 "Property" means the address on which the Building is located, as recorded on the cover page
to this agreement; and

1.15 “Student Accommodation Portal” is the electronic platform established by NSFAS to facilitate
the accreditation and grading of proposed accommodation, as well as the assignment of
accommodation to eligible students, and the facilitation of queries concerning accredited
premises. The term has the same meaning as “the Portal”.

2 INTERPRETATION

2.1 References to notices, statements and other communications by or from the Lessor include
notices by or from the Lessor's agent.

2.2 Expressions in the singular include the plural, and the other way round. Words and phrases
indicating natural persons refer also to juristic persons, and the other way round. Pronouns of
any gender include the corresponding pronouns of the other gender.

2.3 Any provision of this lease placing a restraint, prohibition or restriction on the Lessee must be
interpreted to include the implied term that the Lessee must ensure that everybody entering the
Premises also complies with that provision. Those people include the guests of the Lessee.

2.4 Clause headings appear in this agreement for purposes of reference only and must not
influence the proper interpretation of the subject matter.

2.5 South African law will apply to this agreement.

3 LEASE AGREEMENT

The Lessor lets and the Lessee hires the Premises on the terms of this agreement.

4 DURATION

4.1 The lease will start on the commencement date and end on the termination date recorded on
the cover page of this agreement.

4.2 The Lessee warrants that they have concluded a valid and current bursary agreement with
NSFAS, and that they are registered with an Institution of Higher Learning.

5 RENT AND PAYMENT

5.1 The rent payable is recorded on the cover page of this agreement.

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5.2 The rent will be paid monthly to the Lessor by NSFAS on behalf of the Lessee, in accordance
with the NSFAS Terms and Conditions for Private Accommodation Providers’ Participation on the
Student Accommodation Portal.

5.3 The Lessor shall have no recourse against the Lessee for any default in the payment of rent
by NSFAS.

5.4 The Lessor may not require or permit the Lessee to pay a deposit or any form of payment to
the Lessor or any other person in connection with this agreement.

6 ASSIGNMENT AND SUBLETTING

The Lessee may not:

6.1 cede or assign (transfer) all or any of the Lessee’s rights and obligations under this
agreement;

6.2 sublet the Premises in whole or part; or

6.3 give up possession of the Premises to any third party.

7 GENERAL DUTIES OF THE LESSEE

The Lessee must:

7.1 keep the Premises clean, tidy, and liveable;

7.2 not use the Premises or allow them to be used, in whole or part, for any purpose other than
that of a private dwelling;

7.3 take all reasonable measures to protect the Premises and all its parts (including all fixtures,
fittings, accessories, appliances and keys) from abuse, damage, destruction and theft;

7.4 not place or leave any article or other thing in or about any passage, lift, stairway, pathway,
parking garage or other common part of the Building in a manner that causes a nuisance or
obstruction;

7.5 not bring anything into the Premises or the Building which, because of its weight or other
characteristics, might cause damage to the Building or the Premises;

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7.6 not disobey any of the conditions of the title of the Property or any of the laws, rules or
regulations affecting owners, NSFAS-funded students or occupiers of the Property or the
Building;

7.7 not cause or commit any nuisance on the Property or cause any annoyance or discomfort to
other NSFAS-funded students or occupiers of the Building;

7.8 not leave refuse or allow it to build up in or about the Premises except in the refuse bins
provided;

7.9 not interfere with the electrical, plumbing or gas installations or systems serving the Premises or
the Building;

7.10 not allow any person beside the NSFAS-funded student to reside in the Premises;

7.11 not keep any live animals on the Premises; and

7.12 take all reasonable measures to prevent blockages and obstructions from occurring in the
drains, sewerage pipes and water pipes serving the Premises.

8 LESSOR’S OBLIGATION TO MAINTAIN THE PREMISES

8.1 The Lessor shall be responsible for maintaining in good order and repair, the structure of the
Building, all systems, works and installations contained in it, the roofs, the exterior walls, the lifts,
if there are any, the grounds and gardens, and all other common parts of the Property.

8.2 The Lessor’s maintenance of the Premises will have a bearing on its grading, as per the Standard
Terms and Conditions for PAPS’ Participation on the Student Accommodation Portal.

9 LESSEE’S RESPONSIBILITIES IN RELATION TO MAINTENANCE

9.1 The Lessee acknowledges that at the lease start date the Premises and, if applicable, the furniture
in the Premises, is in good order and condition and that all keys, locks, glass windows, electrical
installations and other appurtenances are likewise in good order and condition.

9.2 The Lessee hereby agrees to keep the Premises and the furniture situated therein in good order
and condition and in a clean, sanitary and suitable conditions during the currency of this
agreement and any renewal thereof and undertakes that at the termination of this agreement they
will return the Premises and the furniture to the Lessor in like good order, condition, fair wear and
tear excepted.

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9.3 Should the Lessee find, after taking occupation of the Premises, that there are items of the
Premises or of the furniture that are not in good order and condition, the Lessee shall notify the
Lessor of such other items within 30 (thirty) days of the lease start date.

9.4 The Lessee must report any maintenance queries and complaints on the Portal.

10 ALTERATIONS, ADDITIONS AND IMPROVEMENTS

The Lessee may not make any alterations or additions to the Premises.

11 LESSOR’S RIGHTS OF ENTRY AND CARRYING OUT OF WORKS

11.1 The Lessor, it’s representatives, agents, employees or contractors may, on a mutually agreed
date and time, enter the leased Premises in order to:

11.1.1 inspect them;

11.1.2 carry out any necessary repairs, replacements or other works;

11.1.3 perform any other lawful function in the bona fide (good faith) interests of the
Lessor or any of the occupiers of the Property; or

11.1.4 carry out any necessary repairs, replacements or other works elsewhere in the Building
or on the Property,

11.2 The Lessor must ensure that the right in clause 11.1 is exercised with regard for, and with a
minimum of interference with, the beneficial enjoyment of the Premises by the Lessee.

11.3 The Lessor may not, however, cause or allow any major building works to be carried out
anywhere on the Property for longer than 1 week from the date on which the building work
starts, unless the Lessee has consented otherwise in writing and the Lessor has notified
NSFAS.

11.4 Despite the provisions of clauses 11.1 – 11.3, the Lessee hereby consents to giving immediate
access to the Lessor, its representatives, contractors and/or agents if emergency work is required
on the Premises.

12 RULES AND POLICIES

12.1 The Lessee must at all material times comply with the reasonable rules laid down in writing
by or on behalf of the Lessor for lessees and other occupiers of the Property and their invitees,
including rules in connection with:

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12.1.1 the security of the Property and the protection of persons and property thereon,
including in particular (again without generality being restricted) any rules for the
control and identification of persons and vehicles entering the Property or any parts
thereof;

12.1.2 the driving and parking of vehicles on or about the Property; and

12.1.3 the utilisation of common amenities and facilities on the Property.

12.2 The Lessor undertakes to comply with, and to ensure compliance with, the Lessor’s Sexual
Harassment Policy.

12.3 The Lessee undertakes to comply with the provisions of the Lessor’s Sexual Harassment Policy.

12.4 The Lessor must ensure that copies of the rules and policy referred to in clauses 12.1 and 12.2
are uploaded on the Portal.

13 DAMAGE TO OR DESTRUCTION OF PREMISES

13.1 If the Premises are destroyed or so damaged that they can no longer be beneficially occupied,
this agreement may be terminated, provided that no termination of the agreement shall be
effective unless prior notice is given to NSFAS by the Parties respectively. The Party giving notice
must set out, in detail, the factual circumstances rendering the Premises incapable of beneficial
occupation.

13.2 NSFAS may appoint members of the National Accreditation Panel to conduct an urgent inspection
of the Property, and to make recommendations to the Evaluation Committee on the measures to
be taken to address the circumstances set out in the notice, including whether the dispute
resolution mechanisms provided for in the Standard Terms and Conditions for Private
Accommodation Providers’ Participation on the Student Accommodation Portal should be
invoked.

13.3 The Lessee bears the responsibility to report any maintenance requests on the Portal, as and
when the need for the maintenance of the Premises arises.

13.4 If the Evaluation Committee determines that the Premises are significantly damaged but can
still be beneficially occupied, this agreement will continue, and the Lessor must repair the
damage without delay. The rent may then be abated.

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13.5 Any dispute arising from the application of this clause, or relating to the abatement, must be dealt
with in terms the Standard Terms and Conditions for Private Accommodation Providers
Participation on the Student Accommodation Portal.

14 REVOCATION AND/OR SUSPENSION OF ACCREDITATION

If the Lessor’s private accommodation provider accreditation is revoked by NSFAS, this agreement
shall remain effective, valid and enforceable until the Lessee secures alternative accommodation.

15 NEW LESSEES AND PURCHASERS

15.1 The Lessor must give three (3) months’ notice to the Lessee and NSFAS, before the sale of the
Property to a third party.

15.2 The Lessee must at all reasonable times during the term of this agreement, allow access to
prospective purchasers or lessees of the Property; and

15.3 During the last month of the Lease Period, allow prospective lessees or purchasers of the
Premises to enter and view the interior of the Premises.

16 DOMICILIA AND NOTICES

16.1 The parties choose as their domicilia citandi et executandi (address for legal notices) their
addresses provided on the Portal. A party can change its domicilium by updating these details on
the Portal.

16.2 Any notice or communication given in terms of this agreement is valid and effective only if it is in
writing.

16.3 It is acceptable to give notice in writing by email. Notwithstanding any contrary provision, a written
notice or communication actually received by a party is an adequate written notice or
communication notwithstanding that it was not sent to or delivered to its chosen domcilium citandi
et executandi.

16.4 Notice sent by email is deemed to have been received on the date of delivery.

17 WHOLE AGREEMENT

17.1 This is the entire agreement between the parties on the subject.

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ACCOMODATION PROVIDER AND STUDENT BENEFICIARY

17.2 Neither party relies in entering into this agreement upon any warranties, representations,
disclosures or expressions of opinion which have not been incorporated into this agreement as
warranties or undertakings.

17.3 No variation or consensual cancellation of this agreement will be of any force unless reduced to
writing, signed by both parties, and communicated to NSFAS.

18 NON-WAIVER

18.1 No extension of time or indulgence must be interpreted as a waiver (abandonment) of any right
in terms of this agreement that one party may have against the other.

18.2 The failure of either party to comply with any non-material provision of this agreement will not
excuse the other party from performing its obligations fully and on time.

19 WARRANTY OF AUTHORITY

19.1 The person signing this agreement on behalf of the Lessor expressly warrants their authority
to do so.

19.2 The Lessee, alternatively the Lessee’s guardian, warrants their authority to enter into this
agreement.

20 CONFIDENTIAL INFORMATION

20.1 The Lessor must treat as confidential all data, including data relating to the Lessee, which the
Lessor may receive from NSFAS or the Lessee while fulfilling its obligations under this agreement.

20.2 The Lessor must not process data obtained from the Lessee or the Scheme for any purpose
unless such processing is necessary to carry out the Lessor’s obligations in terms of this
agreement.

20.3 The Lessor must not divulge to any other third party in any other circumstances any such
information, whether during the currency of its relationship with the Lessee or at any time
thereafter, unless the prior written consent of the Lessee has been obtained.

20.4 The Lessor undertakes to ensure that its employees or agents keep as confidential, data which
becomes known to them by reason of the relationship between the parties.

20.5 Upon the termination of this agreement, the Lessor must immediately return to the Lessee all
confidential information and property of the Lessee in the Lessor’s possession.

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ACCOMODATION PROVIDER AND STUDENT BENEFICIARY

21 TERMINATION

21.1 This agreement terminates in the event that -

21.1.1 the Lessee ceases to be a student registered at an Institution of Higher Learning;

21.1.2 the Lessee vacates the Premises;

21.1.3 the duration contemplated in clause 4 expires;

21.1.4 clause 13 applies, provided that the parties have complied with the provisions of that
clause; and

21.1.5 clause 14 applies, provided that the parties have complied with the provisions of that
clause.

21.2 If, for any reason, the parties resolve to terminate this agreement, the parties shall provide one
(1) month’s written notice of this fact to NSFAS.

22 DISPUTE RESOLUTION

Any dispute arising between the parties regarding the interpretation or implementation of this
agreement must be dealt with in accordance with any dispute resolution procedure determined by
NSFAS for this purpose.

04/29/2024
SIGNED BY LESSOR ON ............................................ [INSERT DATE]

.....................................................
(SIGNATURE OF LESSOR)

04/29/2024
SIGNED BY LESSEE / LESSEE’S GUARDIAN ON ............................................ [INSERT DATE]

.....................................................
(SIGNATURE OF LESSEE /

Document ID: e579a27f-9790-42fd-9766-3fa6b35cfb81

 STANDARDISED FIXED-TERM LEASE AGREEMENT BETWEEN PRIVATE
ACCOMODATION PROVIDER AND STUDENT BENEFICIARY

GUARDIAN)

Document ID: e579a27f-9790-42fd-9766-3fa6b35cfb81

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Title: NSFAS Student Accommodation Fixed Term Lease Agreement

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Document ID: e579a27f-9790-42fd-9766-3fa6b35cfb81

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NSFAS Student Accommodation Fixed Term Lease Agree.docx Apr 29, 2024 15:33:21 UTC

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Sambulo Residences
first viewed document Apr 29, 2024
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Sambulo Residences
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Document ID: e579a27f-9790-42fd-9766-3fa6b35cfb81