1. Definitions
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 or the Landlord 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;
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. Rent and Payment
3.1 The rent payable is recorded on the cover page of this agreement.
3.2 The rent will be paid monthly to the Lessor by NSFAS on behalf of the Lessee.
3.3 The Lessor may not require or permit the Lessee to pay a deposit or any form of payment to the Lessor.
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 shall have 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 but will be requesting a processing fee of R300.00.
6. Acknowledgment of Debt
6.1 The Tenant hereby acknowledges that any unpaid rental, utility charges, or other financial obligations arising from this lease agreement shall constitute a liquidated debt to the Landlord.
6.2 The Tenant agrees that in the event of default, the Landlord may institute legal proceedings for the recovery of the debt, which shall include, but not be limited to:
6.2.1 The issuance of a letter of demand;
6.2.2 The application for a default judgment; and
6.2.3 The listing of the Tenant with relevant credit bureaus in accordance with the National Credit Act, 2005 (Act No. 34 of 2005).
7. Refundable Administration Fee
7.1 The Tenant shall pay an administrative fee of R150 (One Hundred and Fifty Rand) upon the execution of this lease agreement and on a monthly basis until the lease has expired.
7.2 This fee is intended to cover administrative costs associated with the preparation and management of the lease.
8. Theft or Loss of Property Items
8.1 The Lessor shall not be liable for the theft, loss, or damage of the Tenant’s personal belongings.
8.2 The Tenant shall be held responsible for the loss or damage of the property, including fixtures, appliances, or furnishings, provided as part of the lease.
8.3 The Tenant shall report any such incidents immediately upon discovery.
8.4 The Tenant may be held liable for the replacement or repair of the Landlord’s property, should such loss or damage arise due to the Tenant’s negligence or failure to take reasonable security measures.
8.5 This clause is subject to the Consumer Protection Act, 2008 (Act No. 68 of 2008), where applicable.
8.6 Should the person responsible for the loss or damage not be identified, then a total cost of repair or replacement fee be equally divided between the household.
9. Assignment and Subletting
The Lessee may not:
9.1 Cede or assign (transfer) all or any of the Lessee’s rights and obligations under this agreement;
9.2 Sublet the Premises in whole or part; or
9.3 Give up possession of the Premises to any third party.
10. General Duties of the Lessee
The Lessee must:
10.1 Keep the Premises clean, tidy, and liveable.
10.2 Not use the Premises or allow them to be used, in whole or part, for any purpose other than that of a private dwelling.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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.
10.8 Not leave refuse or allow it to build up in or about the Premises except in the refuse bins provided.
10.9 Not interfere with the electrical, plumbing, or gas installations or systems serving the Premises or the Building.
10.10 Not allow any person besides the NSFAS-funded student to reside in the Premises.
10.11 Not keep any live animals on the Premises.
10.12 Take all reasonable measures to prevent blockages and obstructions from occurring in the drains, sewerage pipes, and water pipes serving the Premises.
11. Lessor’s Obligation to Maintain the Premises
11.1 The Lessor shall be responsible for maintaining in good order, the structure of the Building, all systems, works, and installations contained in it, the roofs, the exterior walls, the lifts (if any), the grounds and gardens, and all other common parts of the Property.
11.2 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.
11.3 Should there be an incident where any building work does not adhere to the regulations set out in the necessary guidelines, the student will provide a written letter to the Lessor, motivating the reason for rectification. The Lessor will have thirty (30) days to rectify the concern.
12. Lessee’s Responsibilities in Relation to Maintenance
12.1 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. All faulty items must be notified either on an entrance inspection or within seven (7) days to the Lessor.
12.2 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. The Lessee undertakes that at the termination of this agreement, they will return the Premises and the furniture to the Lessor in like good order and condition, fair wear and tear excepted.
12.3 Should the Lessee find, after taking occupation of the Premises, that there are items of the Premises or the furniture that are not in good order and condition, the Lessee shall notify the Lessor of such other items within seven (7) days of the lease start date. If no notification is given to the Lessor within this time frame, it will be accepted and deemed to be in good standing and condition.
12.4 The Lessee must report any maintenance queries and complaints on the Portal.
13. Business Hours
13.1 The Tenant shall conduct business operations within the leased premises during the hours of 7pm-10pm unless otherwise agreed upon in writing by the Lessor.
13.2 Any extension beyond these hours requires prior written consent from the Landlord and may be subject to:
13.2.1 Additional terms and conditions; and
13.2.2 Possible increased rental charges.
13.3 This clause is subject to compliance with any local municipal by-laws and applicable regulations governing operating hours.
14. Routine Maintenance Twice a Year (June and November)
14.1 The Landlord shall conduct routine maintenance inspections and servicing of the premises twice annually, specifically in June and November.
14.2 The Tenant shall allow the Landlord, or its appointed agents, access to the premises for such maintenance, provided that reasonable notice of no less than 14 (fourteen) days is given by the Lessor, except in cases of emergency.
14.3 Routine maintenance may include, but is not limited to:
14.3.1 The inspection and servicing of the property;
14.3.2 Plumbing and electrical systems; and
14.3.3 Other essential utilities, in accordance with the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993).
14.4 Initial Provision and Maintenance of Light Bulbs:
14.4.1 The Landlord shall provide the Tenant with an initial set of light bulbs for all fixtures within the leased premises at the commencement of the lease.
14.4.2 Thereafter, the Tenant shall be responsible for the replacement and maintenance of all light bulbs, ensuring they are:
• Energy-efficient; and
• Compatible with the existing fixtures.
14.5 There will be a washing machine maintenance once a year. If there are breakages due to the negligence of the Lessee, the Lessee will be held responsible for the breakage.
15. Alterations, Additions, and Improvements
The Lessee may not make any alterations or additions to the Premises.
16. Lessor’s Rights of Entry and Carrying Out of Works
16.1 The Lessor, its representatives, agents, employees, or contractors may, on a mutually agreed date and time, enter the leased Premises in order to:
16.1.1 Inspect them;
16.1.2 Carry out any necessary repairs, replacements, or other works;
16.1.3 Perform any other lawful function in the bona fide (good faith) interests of the Lessor or any of the occupiers of the Property; or
16.1.4 Carry out any necessary repairs, replacements, or other works elsewhere in the Building or on the Property.
16.2 The Lessor must ensure that the right in clause 16.1 is exercised with regard for, and with a minimum of interference with, the beneficial enjoyment of the Premises by the Lessee.
16.3 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, which is seven (7) working days, from the date on which the building work starts.
16.4 Despite the provisions of clauses 16.1 – 16.3, 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.
17. House Rules and Policies
17.1 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:
17.1.1 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;
17.1.2 The driving and parking of vehicles on or about the Property; and
17.1.3 The utilization of common amenities and facilities on the Property.
17.2 The Lessee undertakes to comply with, and to ensure compliance with, all rules and policies proposed by the Lessor and agrees to uphold the standards of NSFAS and the standards of NWU. All Rules and/or Policies will be attached to this Lease Agreement and numbered as an Annexure.
17.3 The Lessee undertakes to comply with the provisions of the Policies and Rules and give permission to the Lessor to utilize the Lessee’s personal information in regard to a breach of Rules and Policies in the event of an incident.
17.4 The Lessor must ensure that copies of the rules and policy referred to in clauses 17.1 and 17.2 are provided upon request to the student.
20. Revocation and/or Suspension of Accreditation
20.1 If the Lessor’s private accommodation provider accreditation is revoked by NSFAS, this agreement shall remain effective, valid, and enforceable until the end of the rental period.
21. New Lessees and Purchasers
21.1 The Lessor must give three (3) months’ notice to the Lessee and NSFAS before the sale of the Property to a third party.
21.2 The Lessee must at all reasonable times during the term of this agreement, allow access to prospective purchasers or lessees of the Property.
21.3 During the last month of the Lease Period, the Lessee must allow prospective lessees or purchasers of the Premises to enter and view the interior of the Premises.
22. Domicilia and Notices
22.1 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.
22.2 Any notice or communication given in terms of this agreement is valid and effective only if it is in writing.
22.3 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, even if it was not sent to or delivered to its chosen domicilium citandi et executandi.
22.4 Notice sent by email is deemed to have been received on the date of delivery.
23. Whole Agreement
23.1 This is the entire agreement between the parties on the subject.
23.2 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.
23.3 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.
24. Non-Waiver
24.1 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.
24.2 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.
25. Warranty of Authority
25.1 The person signing this agreement on behalf of the Lessor expressly warrants their authority to do so.
25.2 The Lessee, alternatively the Lessee’s guardian, warrants their authority to enter into this agreement.
26. Confidential Information
26.1 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.
26.2 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.
26.3 The Lessor must not divulge to any third party in any 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.
26.4 The Lessor undertakes to ensure that its employees or agents keep confidential all data which becomes known to them by reason of the relationship between the parties.
26.5 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.
27. Termination
27.1 This agreement terminates in the event that:
27.1.1 The Lessee ceases to be a student registered at an Institution of Higher Learning.
27.1.2 The Lessee vacates the Premises, being held responsible until the end of the lease term.
27.1.3 The duration contemplated in clause 4 expires.
27.1.4 Clause 18 applies, provided that the parties have complied with the provisions of that clause.
27.1.5 Clause 19 applies, provided that the parties have complied with the provisions of that clause.
27.1.6 Any illegal activities that take place by the Lessee.
27.1.7 In the event that the provisions of clause 27.1.6 apply, the Landlord shall not be obliged to prove the criminal or illegal activity in question but shall be required to report such activity to the South African Police Service or other applicable body, which reporting may be done anonymously; provided that there is no obligation on the Landlord to prove such reporting to the Tenant or any third party.
27.2 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.
27.3 Maximum cancellation penalty not less than three (3) month/s but not more than six (6) months’ rental OR an amount of: R10,000.00.
27.4 In the event that the Tenant is placed in breach of this Lease Agreement and remedies such breach on 3 (Three) separate occasions over a consecutive 3 (Three) Month period, the Landlord shall be entitled to terminate this Lease Agreement on 20 (Twenty) Business Days’ notice to the Tenant.
28. Dispute Resolution
28.1 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.
House Rules: General Conduct
1. Respect and Consideration
1.1 All residents must show respect and consideration to fellow students, staff, and visitors at all times.
1.2 Any form of harassment, bullying, or discrimination based on race, gender, sexual orientation, religion, or any other characteristic is strictly prohibited.
1.3 Use of offensive language, inappropriate behavior, or disruptive actions is not tolerated.
2. Quiet Hours
2.1 Quiet hours are in effect from 10 PM to 7 AM on weekdays and from 11 PM to 8 AM on weekends.
2.2 During these hours, noise levels must be kept to a minimum to ensure a conducive environment for studying and rest.
2.3 Special consideration must be given during exam periods, where extended quiet hours may be enforced.
House Rules: Accommodation and Facilities
3. Room Maintenance
3.1 Students are responsible for maintaining cleanliness and order in their assigned rooms and shared spaces.
3.2 Regular room inspections may be conducted to ensure compliance with cleanliness and maintenance standards.
3.3 Any damage or needed repairs must be reported immediately to the accommodation office. Costs for damages caused by negligence or misuse may be charged to the responsible student.
4. Furniture and Fixtures
4.1 All furniture and fixtures provided in the rooms and common areas are property of the accommodation facility and must not be removed or altered.
4.2 Students are not allowed to bring large furniture items or make any structural changes to the room.
4.3 Decorations are allowed, provided they do not cause damage to walls, furniture, or fixtures.
5. Personal Appliances
5.1 The use of personal electrical appliances, including heaters, toasters, and sandwich makers, is prohibited unless specifically authorized.
5.2 Approved appliances, such as kettles, must meet safety standards and be used in designated areas only.
5.3 Unauthorized appliances may be confiscated, and disciplinary action may be taken.
House Rules: Safety and Security
6. Access Control
6.1 Students must always carry their student ID and room keys for security purposes.
6.2 Loss of keys or ID must be reported immediately, and a replacement fee may apply.
6.3 Unauthorized persons are not allowed to stay overnight without prior permission from the accommodation office. Visitors must sign in and out at the reception.
7. Fire Safety
7.1 The use of candles, incense, and any other items that produce an open flame is strictly prohibited.
7.2 Tampering with fire safety equipment, such as fire extinguishers and smoke detectors, is a serious offense and will result in disciplinary action.
7.3 Emergency exits must be kept clear at all times. Students should familiarize themselves with the location of fire exits and assembly points.
8. Emergency Procedures
8.1 Students must participate in scheduled emergency drills and adhere to all safety instructions.
8.2 In the event of an emergency, students must follow the established evacuation procedures and cooperate with authorities.
House Rules: Alcohol, Drugs, and Prohibited Substances
9. No Alcohol
9.1 The possession, consumption, or storage of alcohol is strictly prohibited on the premises.
9.2 Students found in possession of alcohol may face disciplinary action, including possible eviction.
9.3 Any events or gatherings must comply with this rule, and no alcohol is allowed under any circumstances.
10. Drugs
10.1 The possession, use, or distribution of illegal drugs is strictly prohibited and will result in immediate disciplinary action, including possible legal action and eviction.
10.2 Prescription medications must be used only by the person to whom they are prescribed and stored securely.
Laundry and Facilities Use
11. Laundry Machines
11.1 Students must not use washing machines to wash shoes or overload them. Proper use and care are required to prevent damage.
11.2 Laundry machines must be used according to posted instructions, and any malfunctions should be reported immediately.
11.3 Misuse of laundry facilities, including overloading machines or improper use, may result in loss of access privileges.
12. Facility Cleanliness
12.1 All shared facilities, including kitchens, bathrooms, and lounges, must be kept clean and in good condition.
12.2 Students must clean up after themselves and properly dispose of waste.
12.3 Recycling policies should be followed, and waste should be sorted and disposed of in designated areas.
13. Rubbish Disposal
13.1 All rubbish must be properly disposed of in designated bins.
13.2 Littering in rooms, common areas, or surrounding property is strictly prohibited and may result in fines or other disciplinary actions.
Academic Commitment
14. Study Hours
14.1 Students are expected to prioritize their studies and manage their time effectively to maintain academic performance.
14.2 Designated study hours may be established, during which noise levels must be kept to a minimum in study areas.
14.3 Group study sessions should be conducted in designated study rooms to avoid disturbing others.
15. Academic Performance
15.1 Students must maintain the required academic performance as stipulated by their bursary program and university regulations.
15.2 Academic progress will be monitored regularly, and students failing to meet the standards may face consequences, including loss of accommodation privileges and/or bursary support.
15.3 Academic support services are available, and students are encouraged to seek assistance if needed.
Personal and Interpersonal Relationships
16. No Intimate Relationships on Property
16.1 Intimate relationships are strictly prohibited on the premises.
16.2 Violations of this rule will result in disciplinary actions, which may include fines, counseling, or eviction.
Visitors and Guests
17. Visitor Policy
17.1 Visitors are allowed during designated hours (e.g., 9 AM to 9 PM) and must adhere to all house rules.
17.2 Overnight guests are strictly prohibited. Violations will result in fines and possible further disciplinary actions.
17.3 Visitors must be signed in and out at reception, and students are responsible for their guests’ conduct.
18. Responsibility
18.1 Students are responsible for the actions and behavior of their guests.
18.2 Any damages or violations caused by guests may result in disciplinary action against the host student.
Property Management and Security
19. Gate Code/RFID Tags
19.1 Gate codes or RFID tags are personal and must not be shared with others.
19.2 If a gate code or RFID tag is lost, the student must report it immediately and may need to purchase a replacement.
20. Cameras and Surveillance
20.1 Cameras may be installed in common areas for security purposes.
20.2 By residing on the property, students consent to the use of these cameras. Footage will be used only for security and safety purposes and in compliance with privacy laws.
21. Surprise Inspections
21.1 Surprise inspections may be conducted at random times to ensure compliance with house rules and property quality standards.
21.2 Students will be informed of the inspection process and any findings or required actions.
Violations and Disciplinary Actions
22. Fine System
22.1 A fine system will be applied based on the seriousness of violations. Fines range from R500 to R2000.
22.2 The specific amount will depend on the nature of the offense, previous violations, and other relevant factors.
23. Reporting Violations
23.1 Any violation of these rules or concerns about student conduct should be reported to the accommodation office or a designated authority.
23.2 Confidentiality will be maintained in reporting and addressing issues.
24. Disciplinary Actions
24.1 Violations of these rules may result in disciplinary actions, including warnings, fines, community service, or eviction from the accommodation.
24.2 Serious offenses, including illegal activities or endangerment of others, may result in immediate eviction and referral to university disciplinary boards or law enforcement.
Grievances and Dispute Resolution
25. Reporting Issues
25.1 Students can report grievances or concerns to the accommodation office, resident advisors, or designated student representatives.
25.2 Efforts will be made to address issues promptly and fairly.
25.3 Only students residing at the property may report grievances to the accommodation office.
25.3.1 All complaints need to follow the correct channels, being, student representative or the house representative which in light be escalated to the office manager.
26. Dispute Resolution
26.1 Disputes between residents or between residents and staff will be addressed through mediation and consultation.
26.2 If necessary, disputes may be escalated to higher authorities within the university or external bodies for resolution.
