Notes/instructions
Our aim is to provide you with a straight-forward, yet comprehensive, professional document that is also relevant to your needs. Being a ‘standard’ agreement doesn’t mean that it shouldn’t be reliable and suitable for your circumstances.
This is why we give you a choice: download a blank document and fill in the blanks later, or answer our questions. If you answer the questions before you download, you will receive a more accurate document that is customised for your needs.
You don’t have to answer all the questions; just answer those that you can. The more you are able to answer, the more complete the document you will receive.
We have a FAQ area where we try to answer the most common questions you might have.
FAQ
Who/what is LeaseAgreement.co.za?
We are lawyers who run our own practice in Cape Town. While we see clients and do our legal work like any other lawyers, we also believe that offering legal services online is becoming more common and, in the future, will be required by the ‘web generation’. As more legal services are offered online, the cost of those services will decrease. But this doesn’t mean that the standard of service also has to decline. We hope you find our agreements professional and useful. Feel free to contact us via the ‘contact us’ button with any questions, feedback or suggestions.
Who drafts the agreement on your site?
We do. As qualified and practicing lawyers, we believe we are best suited to do so. This mean that the “buck stops with us”.
Are the agreements drafted by professional lawyers?
Yes, they are. We take into account relevant law and our agreements are drafted with all the legal and commercial aspects in mind.
Do I have to register?
No, you may simply pay and download our agreements.
Are my details/information provided for an agreement, saved?
Yes, you will receive a reference number when you pay or download a document. We are able to access your document with this number. Your information remains confidential and will not be publicised or disseminated at all unless under a valid order of court. We do not provide information to anyone for marketing purposes nor do we engage in the practice of direct marketing to the public at all.
Are these documents legally binding?
Yes, they are. We take into account relevant law and our agreements are drafted with all the legal, commercial aspects in mind. BUT PLEASE NOTE: if you make changes to an agreement after it has been downloaded from our sites, these changes could affect the validity of the agreement. Or if you don’t complete the document in full, this could also affect the validity of the agreement.
How do I communicate with you?
You may use the ‘contact us’ button.
Can I talk to someone?
Yes, if you have a problem with an agreement. Send us an email via the ‘contact us’ button with your problem and your contact details. But, we are not a hotline or phone service; this means that we are not going to deal with queries of a legal nature. This is why one goes to a lawyer and if you need legal advice, then you should contact a lawyer.
What happens if I have made a mistake when completing the agreement?
If you have not completed the document yet, you can go back to wherever you made the mistake and correct it. If you have already downloaded the document, it is best that you download another document with the correct information. This will mean that you will have to start again and fill in all the information from the start (because you don’t register on our sites, you will not have any login details with which to recall your previous agreement).
Can I change a document after it has been delivered to me?
Yes and no. No, in the sense that the document you receive cannot be changed by us. Practically speaking, any document that has a mistake can be corrected by crossing out the incorrect information, writing in the correct wording and having both parties to the agreement sign next to the deletion/changes. But, if this is not done clearly and properly, it can affect the validity of the agreement.
Is my agreement saved somewhere?
Yes, but only we are able to access it and we do so only if requested by you or for our own internal analysis.
What happens if I need help?
You are welcome to contact us via the ‘contact us’ button.
When do I receive my contract?
You should receive it instantaneously or within a few minutes of pressing the download button.
In what form do I receive my contract?
In a pdf format.
What is the significance of VAT (value added tax)?
Generally speaking, between individuals who are not VAT-registered, VAT is not applicable. Where the landlord/owner is registered for VAT (as part of their business, for example, a commercial rental company), then that party has to charge VAT on the rent.
How do I pay?
You pay by credit card using the platform on our website run by Payfast (Pty) Ltd.
My credit card isn’t going through or I don’t have a credit card; what should I do?
You may contact us using our ‘contact us’ button and state your problem. Sometimes, technology fails and you may have to try again a bit later. On request, we can provide you with banking details to which you can make an EFT.
How much do these types of agreements usually cost if I go to a lawyer?
Anywhere from R1’000 to R10’000 (as an estimate). Lawyers charge by the hour and it depends which lawyer you see and how long they take on your document. A junior lawyer in a small firm or working for him/herself may charge R500 per hour, whereas an experienced lawyer at a large firm may charge R3’000 per hour or more (as an example). An experienced lawyer using his/her precedent agreements, may take 60mins on your matter and charge you for one hour (30mins for the drafting and 30mins for taking your instructions), whereas a junior lawyer may take 1 hour of instructions and 2 hours to draft.
Why does one state who pays for the lease?
This is usually more of a factor in commercial (office) leases where the landlord wants to recover their cost of having a lease drawn up. They will state an amount that it costs them to have the lease prepared and they will charge this to the tenant. The landlord is entitled to do this, but the cost he charges to the tenant should be reasonable. The landlord may, for example, also charge for any administration that is required in order to put the lease in place.
Why is the ‘purpose’ of the lease important?
This means that the property or premises is let for certain activities only, for example, a residential lease for living in or an office lease for office space. The tenant in a residential flat or house may not run a nightclub from that flat/house and the office space may not be used for industrial purposes. This not only protects the landlord and their property, but because residences, businesses and factories are allowed only in certain ‘zones’, having a business in a residential area, for example, may be illegal.