5.2 Duties of the Lessee 1 PURPOSE OF THE AGREEMENT To refrain from unreasonably interfering with lessor's work WHEREBY the parties agree to formulate a partnership in which they share: ownership of the Duty of confidentiality property and responsibility in the management of the property and share the profit and losses Duty not to make a secret profit of the property. 6 TERMINATION 2 DEFINITIONS This contract can only terminate upon the death of one of the parties. 2.1 "Agreement" refers to this Lease Agreement entered into between the lessee and the lessor Signature of the lessee Signature of the lessor 2.2 "Leased Property" refers to one of Benjamin's properties 2.3 "Lessee" refers to the owner of the property Benjamin's daughter sends the lease agreement to Mendy. Mendy, however, claims that the lease 2.4 "Lessor refers to the person leasing / renting the property" agreement does not capture the aspects that she and Benjamin had agreed on during their 2.5 "Lease amount" refers to the deposit amount payable by the lessor to the Lessee, on meeting and does not align with the essential elements of a contract of lease. Mendy approaches the agreed date; you for advice. 3 COMMENCEMENT AND DURATION Analyse the facts above together with the contents of this lease agreement. Considering the This lease shall commence on 1" of August 2022 ("the commencement date") and shall essential elements of a contract of lease, identify all the errors that were made in the drafting of terminate upon death of the parties. this lease agreement. 4 RENT and DEPOSIT Your answer should touch on the following aspects: 4.1 The monthly rental payable by the lessor to the lessee shall be an amount of R16 000 per month. The purpose and essentialia of the agreement; 4.2 The monthly rental referred to in 3.1 is not inclusive of Value Added Tax The description of the parties; 4.3 The deposit that shall be paid to secure the property will amount to R 24 000. The details of the property cited; Duties of both the lessor and lessee; 5 OBLIGATIONS OF THE PARTIES The circumstances under which the contract of lease would commence, its duration and 5.1 Duties of the Lessor termination; Duties to follow instructions from the lessee. Issues discussed during Benjamin and Mendy's meeting and whether they have been . Duty of reasonable care and skill. correctly captured in the lease agreement. Duty to avoid a conflict of interest. Duty not to delegate.Question 5 Benjamin owns several properties in Gauteng. He is also the owner of a vacant shop space, Unit 263, located in Boulders Mall, 976 Jacques Street, Midrand. One day, Mendy is walking in Boulders Mall and passes by the empty shop space. She sees a poster advertising the vacant space to rent and she contacts Benjamin. The two then meet and agree that Mendy will lease and occupy the property for a fixed duration of two years. At the end of the two-year period, Mendy must vacate the premises. They also agree that Mendy will use the property to operate a coffee shop out of and that she will pay rental in the amount of R12 000 per month. The parties agree further that an amount of R24 000 will be paid as the deposit to secure the lease. Benjamin's daughter, Ashley, drafts a contract of lease which reads as follows: LEASE AGREEMENT Entered into by and between Mendy Mental (hereinafter referred to as "the lessor") and Benjamin Fencamine (hereinafter referred to as "the lessee)