STANDARDISED FIXED-TERM LEASE AGREEMENT

BETWEEN

THE PRIVATE ACCOMMODATION PROVIDER (“LESSOR”)

AND

THE NSFAS-FUNDED STUDENT (“LESSEE”)

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 LESSOR DETAILS LESSEE DETAILS

FULL NAME: THE SOCIAL DEVELOPMENT AND HOUSING

FULL NAME: VUTSHILA
COMPANY SA NKANYANI

REGISTRATION NO: 2021/394732/07 IDENTITY NO: 0509101200087

PHYSICAL ADDRESS: 2 RISSIK STREET, PHYSICAL ADDRESS:

MARSHALLTOWN,
JOHANNESBURG, SOUTH
AFRICA
EMAIL: [email protected] EMAIL: [email protected]

CONTACT NUMBER: 0645008704 CONTACT NUMBER: 0818744869

LEASE DETAILS GUARDIAN DETAILS (IF LESSEE IS A MINOR)

ADDRESS AND DESCRIPTION OF LEASED NAME:

PREMISES (PROPERTY/BUILDING/UNIT NO.):
1048A, 2 RISSIK STREET, MARSHALLTOWN,
JOHANNESBURG, SOUTH AFRICA (SHARING EN IDENTITY NUMBER:
SUITE (3 BEDS))

NSFAS ACCREDITATION NO.: PHYSICAL ADDRESS:

LEASE PERIOD IN NUMBER OF MONTHS: 3 EMAIL:

START DATE OF LEASE: 08/05/2025 CONTACT NUMBER:

TERMINATION DATE OF LEASE: 31/07/2025

MONTHLY RENTAL AMOUNT: R 4693 RELATIONSHIP TO NSFAS-FUNDED STUDENT:

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 1. DEFINITIONS

In this lease agreement, 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 who enters into this agreement on behalf of the Lessee;

1.4. “Institution of Higher Learning” means any public university or technical and vocational
education and training institution within South Africa;

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

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

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

1.8. “Lessor” means the Lessor recorded on the cover page of this agreement;
1.9. "Month" means a calendar month, and more specifically:

1.9.1. 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
1.9.2. 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;
1.10. “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;

1.11. “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”;

1.12. “Party or Parties” means either the Lessee or the Lessor or both of them;

1.13. "Premises" means the unit number in the Building recorded on the cover page to this
agreement;
1.14. “Private Accommodation Provider” means a private accommodation provider accredited by
NSFAS to provide accredited accommodation to NSFAS-funded students;

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

1.16. “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”.

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 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

3.1. 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.

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 may not require or permit the Lessee to pay a deposit, top-up payments, or any
other forms of payment to the Lessor or any other person in connection with this agreement,
including payment of rent while awaiting payment from NSFAS.

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

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 6. DEFUNDING OF THE LESSEE AS A NSFAS-FUNDED STUDENT

6.1. Where the Lessee is defunded due to an incorrect decision by NSFAS:

6.1.1. the Lessee will not be liable for payment of any arrear rent to the Lessor up until the date of
being defunded, which will remain for NSFAS’ account to settle; and
6.1.2. where the Lessee chooses to continue occupying the leased premises notwithstanding being
defunded by NSFAS, the Lessee will be liable for payment of rent to the Lessor from the date
of being defunded.

6.2. Where the Lessee is defunded by NSFAS due to a misrepresentation by the Lessee/Guardian
at any stage:
6.2.1. The Lessee must immediately vacate the leased property; and
6.2.2. will be liable for payment of all rent due to the Lessor.

7. ASSIGNMENT AND SUBLETTING

The Lessee may not:

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

7.2. sublet the Premises in whole or part;

7.3. give up possession of the Premises to any third party; or

7.4. vacate the Premises without complying with clause 22.3 below.

.
8. GENERAL DUTIES OF THE LESSEE

In addition to the roles and responsibilities agreed to between the Parties, the Lessee must:

8.1. keep the Premises clean and tidy;

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

8.3. 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;

8.4. 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;

8.5. 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;

8.6. not disobey any of the conditions of the title of the Property or any of the laws, rules or
regulations affecting owners or occupiers of the Property and Building;

8.7. not cause or commit any nuisance on the Property or cause any annoyance or discomfort to
other occupiers of the Building;

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 8.8. not leave refuse or allow it to build up in or about the Premises except in the refuse bins
provided;

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

8.10. not allow any person besides the NSFAS-funded student to reside in the Premises;

8.11. not keep any live animals on the Premises; and

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

9. LESSOR’S OBLIGATION TO MAINTAIN THE PREMISES

9.1. The Lessor undertakes to comply at all times with the NSFAS Terms and Conditions for
Private Accommodation Providers’ Participation on the Student Accommodation Portal.

9.2. 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.

9.3. 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.

9.4. The Lessor undertakes to provide to the Lessee emergency disaster and medical response
plans as well as safe and secure leased premises.

9.5. The Lessor may provide, where reasonably possible, health and wellness support to the
Lessee.

10. LESSEE’S RESPONSIBILITIES IN RELATION TO MAINTENANCE OF THE LEASED

PREMISES

10.1. 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.

10.2. 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 condition 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.

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 10.3. 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.

10.4. The Lessee must report any maintenance queries and complaints on the Student
Accommodation Portal.

11. ALTERATIONS, ADDITIONS AND IMPROVEMENTS

11.1. The Lessee may not make any alterations or additions to the Premises without the written
approval of the Lessor.

12. LESSOR’S RIGHTS OF ENTRY AND CARRYING OUT OF WORKS

12.1. The Lessor, its representatives, agents, employees, or contractors may, on a mutually agreed
date and time, enter the leased Premises in order to:
12.1.1. inspect them;
12.1.2. carry out any necessary repairs, replacements or other works;
12.1.3. perform any other lawful function in the bona fide (good faith) interests of the Lessor or any of
the occupiers of the Property; or
12.1.4. carry out any necessary repairs, replacements, or other works elsewhere in the Building or on
the Property.

12.2. The Lessor must ensure that the right in this clause 11 is exercised with regard for, and with
a minimum of interference with, the beneficial enjoyment of the Premises by the Lessee.

12.3. 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.

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

13. RULES AND POLICIES

13.1. 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:
13.1.1. 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;
13.1.2. the driving and parking of vehicles on or about the Property; and
13.1.3. the utilisation of common amenities and facilities on the Property.

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

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 13.3. The Lessee undertakes to comply with the provisions of the Lessor’s Sexual Harassment
Policy.

13.4. The Lessor must ensure that copies of the rules and Sexual Harassment Policy are uploaded
on the Student Accommodation Portal.

14. DAMAGE TO OR DESTRUCTION OF PREMISES

14.1. 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.

14.2. NSFAS may appoint a multidisciplinary team/ panel to conduct an urgent inspection of the
Property and to make recommendations to the NSFAS 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.
14.3. The Lessee bears the responsibility to report any maintenance requests on the Student
Accommodation Portal, as and when the need for the maintenance of the Premises arises.
14.4. 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.
14.5. Any dispute arising from the application of this clause, or relating to the abatement, must be
dealt with in terms of the Standard Terms and Conditions for Private Accommodation
Providers Participation on the Student Accommodation Portal.
14.6. In the event that the Lessee damages any property to or on the Premises/Property/Building,
the Landlord must report the same on the Student Accommodation Portal. The Lessee will be
personally liable for the payment of any repairs or replacement to or of the damaged property
and may be subjected to the disciplinary code of the institution.

15. REVOCATION AND/OR SUSPENSION OF ACCREDITATION

15.1. 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.

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 16. NEW LESSEES AND PURCHASERS

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

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

16.3. 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.

17. DOMICILIA AND NOTICES

17.1. The parties choose as their domicilia citandi et executandi (address to receive legal notices)
their addresses provided on the cover page of this agreement. A Party can change its
domicilium by informing the other thereof in writing.

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

17.3. It is acceptable to give notice in writing by email. Notwithstanding any contrary provision, a
written notice or communication 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.

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

18. WHOLE AGREEMENT

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

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

18.3. 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.

19. NON-WAIVER

19.1. 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.

19.2. 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.

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 20. WARRANTY OF AUTHORITY

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

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

21. CONFIDENTIAL INFORMATION

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

21.2. 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.

21.3. 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.

21.4. 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.

21.5. 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.

22. TERMINATION OF LEASE AGREEMENT

22.1. This agreement terminates in the event that –

22.1.1. the Lessee ceases to be a student registered at an Institution of Higher Learning;
22.1.2. the Lessee vacates the Premises;
22.1.3. the duration contemplated in clause 4 expires;
22.1.4. clause 6 applies;
22.1.5. clause 13 applies and provided that the parties have complied with the provisions of that
clause; and
22.1.6. clause 14 applies and provided that the parties have complied with the provisions of that
clause.

22.2. If for any reason for any reason, either Party resolves to terminate this agreement, such Party
shall:
22.2.1 inform the Institution of Higher Learning of the termination via the Portal;
22.2.2 provide the other Party with one (1) month’s written notice of termination and
22.2.2 provide one (1) month’s written notice thereof to NSFAS.

22.3. Where the Lessee moves accommodation providers without the prior approval of NSFAS,
NSFAS may elect not to pay any rental to the new accommodation provider and any such
rental payments will be for the Lessee’s own account.

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025
 23. DISPUTE RESOLUTION

23.1. 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.

24. SIGNATURE

I hereby confirm that I understand and accept the terms and conditions of this Lease Agreement.

Signed by Lessor Signed by Lessee/Guardian

Date 20/06/2025 Date 24/06/2025
Signature DILKASH MAHARAJ Signature VUTSHILA NKANYANI

The Halyard, 4 Christian Barnard T: 0800 067 327

Cape Town City Center, Cape Town, 8000 E: [email protected]
Private Bag X1, Plumstead, Cape Town, 7801 W: www.nsfas.org.za

Administrator: Mr Freeman Nomvalo

VERSION 1/2025