8. |
DEFECTS AND MAINTENANCE |
8.1 |
It is hereby recorded that at the time of conclusion of this agreement the Premises are in a good state of repair and condition, save for the defects listed in the inspection report and that all keys, locks, glass windows, electrical installations, sanitary ware, sewerage pipes, stoves, water taps, geysers and other appurtenances, are likewise in good order and condition. Should the Tenant at the time of taking occupation of the Premises discover any defects in the Premises, he shall within 7 (seven) days of such occupation give written notice of any such defect to the Landlord. Failure on the part of the Tenant to give such notice shall be deemed to be an acknowledgement on his part that the whole of the Premises are in a good and proper state of repair and condition. |
8.2 |
It is specifically recorded that any notice given by the Tenant in terms of 8.1 shall not place any obligation on the Landlord to repair the Premises concerned, the intention being that such notice will serve only to record the state of repair in which the Tenant took occupation of the Premises. It is furthermore specifically recorded that, save as is otherwise provided in this agreement, the Landlord shall not be obliged to effect repairs to or maintain the Premises, and the Tenant shall not be entitled to withhold the rental or to claim any refund in respect of rental paid, by reason of any defect whatsoever in the Premises. |
8.3 |
The Landlord shall keep the structure of the Premises and the roof in a state of good repair but shall not be held liable to the Tenant for any damages which the Tenant may suffer by reason of any repairs to be effected by the Landlord not being effected timeously or at all. |
8.4 |
The Tenant undertakes, subject to 8.3 above, to maintain at his own cost the whole of the Premises for the full duration of the lease in the same state of repair as they were received by him, reasonable fair wear and tear excepted, alternatively to reimburse the Landlord for the cost of replacing or repairing any breakages or defects. Notwithstanding the generality of this clause, the Tenant specifically undertakes to: |
8.4.1 |
keep and maintain all gutters, sewerage pipes, water pipes and drains on the Premises free from obstruction and/or blockage; and |
8.4.2 |
keep the grounds (if any) of the Premises in a clean and tidy condition, free from all litter and rubbish; and |
8.4.3 |
keep the electrical system in good working order and condition; and replace any damage done to door handles, locks, keys, glass, window fasteners, bulbs or globes, baths, basins, water taps and shower heads, sanitary appliances, electrical fittings, etc.; and |
8.4.4 |
clean the carpets and other floor coverings and tiles regularly, it being understood that same shall be replaced completely at the expense of the Tenant should they be damaged beyond reasonable wear and tear, this provision is applicable to repainting of walls as well, especially in the instance when walls have been washed to the extent that paint has been removed therefrom; and |
8.4.5 |
not overload the floor of the Premises, or place a safe or heavy article on the Premises without the Landlord’s prior written consent, which consent may not be unreasonably withheld; and |
8.4.6 |
keep the grounds in a clean and tidy condition and where applicable keep the garden and lawn watered and cut the grass regularly and maintain the flowerbeds. The Tenant shall not cut or remove trees or plants or effect any material alteration to the garden, without the Landlord's prior written consent. |
8.5 |
The Landlord shall be entitled to inspect the Premises at all reasonable times and to make such repairs and alterations as deemed necessary by the sole discretion of the Landlord, for the safety, preservation or improvement of the Premises, both externally and internally. |
8.5.1 |
The Landlord shall give 48 hours’ notice of such inspection to the Tenant of said inspection; and |
8.5.2 |
Notice of the inspection shall be sufficient if given verbally or in written format, including but not limited to notice by electronic mail, facsimile or short message service (SMS), Whatsapp or similar social networking platform. |
8.6 |
Should the Tenant fail to maintain the Premises in the manner specified in this clause, the Landlord shall be entitled, in addition to any other rights or remedies available to him in terms of this agreement, to carry out the necessary maintenance work at his discretion and to recover the full cost thereof from the Tenant. |
8.7 |
The Tenant shall, however, not be liable to repair any structural defects of a serious nature, which may appear in the buildings through no fault of the Tenant. |