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 twoyear 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).

1 PURPOSE OF THE AGREEMENT WHEREBY the parties agree to formulate a partnership in which they share: ownership of the property and responsibility in the management of the property and share the profit and losses of the property.

2 DEFINITIONS 2.1 "Agreement" refers to this Lease Agreement entered into between the lessee and the lessor 2.2 "Leased Property" refers to one of Benjamin's properties 2.3 "Lessee" refers to the owner of the property 2.4 "Lessor refers to the person leasing / renting the property" 2.5 "Lease amount" refers to the deposit amount payable by the lessor to the Lessee, on the agreed date;

3 COMMENCEMENT AND DURATION This lease shall commence on 1st of August 2022 ("the commencement date") and shall terminate upon death of the parties.

4 RENT and DEPOSIT 4.1 The monthly rental payable by the lessor to the lessee shall be an amount of R16 000 per month. 4.2 The monthly rental referred to in 3.1 is not inclusive of Value Added Tax 4.3 The deposit that shall be paid to secure the property will amount to R 24 000.

5 OBLIGATIONS OF THE PARTIES 5.1 Duties of the Lessor Duties to follow instructions from the lessee. Duty of reasonable care and skill. Duty to avoid a conflict of interest. Duty not to delegate.

5.2 Duties of the Lessee To refrain from unreasonably interfering with lessor's work Duty of confidentiality Duty not to make a secret profit

6 TERMINATION This contract can only terminate upon the death of one of the parties.

Signature of the lessee Signature of the lessor

Benjamin's daughter sends the lease agreement to Mendy. Mendy, however, claims that the lease agreement does not capture the aspects that she and Benjamin had agreed on during their meeting and does not align with the essential elements of a contract of lease. Mendy approaches you for advice.

Analyse the facts above together with the contents of this lease agreement. Considering the essential elements of a contract of lease, identify all the errors that were made in the drafting of this lease agreement.

Your answer should touch on the following aspects:

The purpose and essentials of the agreement; The description of the parties; The details of the property cited; Duties of both the lessor and lessee; The circumstances under which the contract of lease would commence, its duration and termination; Issues discussed during Benjamin and Mendy's meeting and whether they have been correctly captured in the lease agreement.