TENANCY AGREEMENT
Date:
__________________________
Between
The Landlord
And
The Tenant
THIS AGREEMENT is made on the day and year stated in Section 1 of the Schedule hereto
between party whose name and description are stated in Section 2 of the Schedule hereto (herein after called the
‘Landlord’) of the one part and the party whose name and description are stated
in Section 3 of the Schedule hereto
(hereinafter called the ‘Tenant’) of the other part.
WHEREAS:
1. The Landlord is the registered/beneficial
proprietor of the property more particularly referred to and described in
Section 4 of the Schedule (hereinafter referred to as the Demised Premises).
2. The Landlord is desirous of letting and
the Tenant is desirous of taking the Demised Premises together with furniture,
fixtures and fittings as described in the Inventory hereto subjected to the
terms and conditions hereinafter contained.
NOW IT IS HEREBY
AGREED AS FOLLOWS:-
1. Subject to the terms and conditions
herein contained the Landlord hereby grants and the Tenant hereby accepts a
tenancy of the Demised Premises for the term, commencing from the date and
terminating on the date stated in Section
5 (a) (b) and (c) respectively of
the Schedule hereto.
2. The monthly rental stipulated in Section 6 (a) of the Schedule hereto
shall be due and payable in advance in the manner and at the time stipulated in
Section 6 (b) of the Schedule
hereto. The rent shall be deposited into the landlord’s bank account number; 158079640079 (Maybank Berhad.) A copy
of the bank-in slip or payment transaction will then be faxed or email to the
Landlord as proof of payment.
3. The Tenant shall upon the execution of
this Agreement and prior to the occupation of the Demised Premises pay the
Landlord the deposit stipulated in Section
7 of the Schedule hereto (receipt whereof the Landlord hereby acknowledges)
as security for the due observance and performance by the Tenant of all his
duties and obligations hereunder and on its part to be performed and fulfilled.
The said sum shall be maintained at this figure during the term of this tenancy
and shall not be deemed to be or treated as payment of rent and the same shall
be returned to the Tenant free of interest within thirty (30) days upon expiry
of the term hereby created less any sums as may then be due to the Landlord for
damage caused to the Demised Premises by the Tenant (damage to normal wear and
tear excepted)
4. The Tenant shall upon the execution of
this Agreement and prior to the occupation of the Demised Premises pay the
Landlord the water and electricity deposits stipulated in Section 8 of the
Schedule hereto (collectively as the Utility Deposits). The Utility Deposits
shall be refunded free of interest to the Tenant upon the determination of the
term hereby created less such sums as may be due and outstanding.
5. THE TENANT HEREBY COVENANTS WITH THE
LANDLORD
as follows:-
5.1 To
pay the reserved rent on the days and in the manner aforesaid.
5.2 To pay all charges due and incurred in
respect of telephone, electricity and water consumed on the Demised Premises
during the term of this tenancy. Photocopies of all bills and receipts paid for
utilities to be posted or handed over the Landlord on a monthly basis.
5.3 To keep the said Demised Premises, the
fixtures and fittings listed in the Inventory hereto together with any
additions thereto in a good and tenantable repair and condition (normal wear
and tear excepted) and to replace or repair any of the aforesaid items and any
part of the Demised Premises and the Landlord’s fixtures and fittings which are
damaged. The furnishings, fixtures and fittings listed in the Inventory are provided
on loan by the Landlord to the Tenant. They are handed over in good working
condition and must be returned in good working condition. The landlord will not
repair and will not pay for any repairs to these items.
5.4 Not to make or permit to be made any
alterations in or additions to the Demised Premises or the Landlord’s fixtures,
fittings decorations therein without having first obtained the written license
and consent being given to carry out at the Tenant’s own expense such
alterations with such materials and such manner and at such times as shall be
designated by the Landlord and upon the determination of the term hereby
created, if required by the Landlord, to restore the Demised Premises to its
original state and condition at the expense of the Tenant.
5.5 To permit the Landlord and his duly
authorised representatives upon giving three (3) days previous notice at all
reasonable times and at a mutually agreeable time by appointment to enter upon
and examine the condition of the said Demised Premises, whereupon the Landlord
shall be entitled to serve the Tenant a notice in writing specifying therein
any repairs necessary to be carried out and requiring the Tenant to forthwith
execute the same and if the Tenant shall not within fourteen (14) days after
service of such repairs or works then the Landlord with or without workmen and
others shall be entitled to enter upon the said Demised Premises and execute
the repairs and the Tenant agrees that the cost thereof shall be a debt from
the Tenant to the Landlord and be forthwith recoverable by action.
5.6 To use the Demised Premises for the
purpose stipulated in the Section 10 of
the Schedule hereto and not to use or permit or suffer the use thereof for
any other purpose Save and Except for the specific purpose herein stated and
further not to not to do or permit or suffer anything to be done in and about
the Demised Premises or any part thereof which may become a nuisance or cause
damage or inconvenience to the Landlord or the Tenant or occupiers of neighbouring
premises.
5.7 Not to assign, sublet, or part with the
actual or legal possession or the use of the said Demised Premises for any term
whatsoever without first obtaining the previous consent in writing of the
Landlord.
5.8 Not to do or permit to be done on the
said Demised Premises anything which may or will infringe any of the laws,
bye-laws or regulation made by the Government or any competent authority
affecting the said Demised Premises or whereby the policy or policies of
insurance against loss or damage by fire may be become void or voidable or
whereby the premium payable thereon may be increased to repay the Landlord all
sums paid by way of increased premium.
5.9 On determination of the term hereby
created to clear up any rubbish and peaceably and quietly deliver up to the
Landlord vacant possession of the Demised Premises in good, clean and proper
state of tenantable repair condition. The Tenant may remove all fixtures,
fittings or other installations belonging to the Tenant but shall make good any
damage caused to the Demised Premises or any part thereof by the installation
or removal of such fixtures, fittings or installations.
5.10 Not to store or bring upon the Demised
Premises arms, ammunitions or unlawful goods gunpowder or explosive or any
article or articles of a specially combustible, inflammable or dangerous nature
and unlawful goods in any part of the Demised Premises.
5.11 No to use the Demised Premises for any
unlawful, illegal or immoral purposes, business or trade, and gambling in any
form.
5.12 No additional locks will be installed on
any door without the written permission of the landlord. Landlord will be given
duplicate keys for all locks installed at the tenant’s expense, before they are
installed.
5.13 The tenant shall be responsible for all
minor maintenance and repairs up to RM100 (in any one month).
5.14 Tenant hereby agrees to accept the
property in its present state of cleanliness. Tenant agree to return the
property in the same or better condition, and pay a cleaning fee if the
landlord has the property professionally cleaned.
5.15 During the two (2) months immediately
preceding the termination of the tenancy unless the Tenant shall have given
written notice of his intention to renew the tenancy as hereinafter provided,
to permit persons with the written authority from the Landlord at all
reasonable time of the day to view the Demised Premises for the purpose of
letting the same.
6. THE
LANDLORD HEREBY COVENANTS WITH THE TENANT as follows:
6.1 To pay the quit rent, assessment, service
charges and other outgoings relating to the Demised Premises other than those
herein agreed to be paid by the Tenant.
6.2 At all times through the period of this
Agreement to keep the Demised Premises except the furniture, fixtures therein
belonging to the Tenant insured against loss or damage by fire.
6.3 To maintain and keep the main structure
of the Demised Premises that is the roof, main walls, floors, ceiling and
plumbing system in good and tenantable repair condition throughout the term
hereby created except as regards damage to the premises caused by or resulting
from any act of default or negligence of the Tenant or his servants and except
as hereinbefore covenanted to be done by the Tenant, then the Tenant shall
carry out such repairs at their own cost and expenses. In the event that the
damage is not caused by the Tenant or his servants, the Landlord shall carry
out repairs to the aforementioned items within fourteen (14) days of receiving
written notice from the Tenant. If the Landlord fails to perform the said
repairs after this period, then the Tenant shall have the right to undertake
such repairs and claim the cost of the repairs from the Landlord.
6.4 Upon the Tenant paying the rent hereby
reserved and observing and performing the covenants, obligations and
stipulations herein on his part contained, to allow the Tenant to peaceably
hold and enjoy the Demised Premises during the said term without interruption
from the Landlord or any persons rightfully claiming through under or in trust
for him.
7. PROVIDED ALWAYS AND IT IS EXPRESSLY
AGREED BETWEEN BOTH PARTIES HERETO as follows:
7.1 If at any time the rent or any part
thereof (whether formally demanded or not) shall remain unpaid or unsatisfied
for seven (7) days after becoming payable or if any of the Tenant’s covenant
shall not be performed or observed then in any of those events it shall be
lawful for the Landlord or any persons authorised by the Landlord in that
behalf at any time thereafter to re-enter upon the Demised Premises or any part
thereof in the name of the whole and thereupon this tenancy shall absolutely
determine but without prejudice to any right of action or remedy of the
Landlord in respect of any breach of the Tenant’s covenants herein contained.
7.2 If at any time the rent or any part
thereof (whether formally demanded or not) shall remain unpaid or unsatisfied
for fourteen (14) days after becoming payable or if any of the Tenant’s
covenant shall not be performed or observed then in any those events, the Tenant
has to vacate the Demised Premises within 7 days, reimburse the landlord for
all and any damages caused to the Demised Premises and forfeit all deposits.
The Tenant shall be responsible for all legal fees incurred by the Landlord to
enforce this clause.
7.3 Without prejudice to the rights, powers
and remedies of the landlord as otherwise provided in this Agreement, the
Tenant shall pay to the landlord late payment charges by way of interest
calculated from day to day at the rate of two per centum (2%) per month on all
money due but unpaid for seven (7) day by tenant to the landlord under this
Agreement; such interest to be computed from the expiry of the seven (7) day
period allowed for the payment of such money until the date of payment in full
and to be recoverable in like manner as rental in arrears. The Tenant shall be
responsible for all legal fees incurred by the Landlord to enforce this clause.
7.4 If the Demised Premises or any part
thereof shall be destroyed by fire (except where such fire has been caused by
the fault or negligence of the Tenant) so as to be unfit for use, then the rent
hereby covenanted to be paid or a fair proportion thereof according to the
nature and extent of the damage sustained shall be suspended until the Demised
Premises shall again be rendered fit for habitation and use and if the Demised
Premises or any part thereof is not rendered fit for occupation or use within
two (2) months from the date of the event either party hereto may determine the
tenancy by giving to the other one (1) month’s written notice but without
prejudice to the rights and remedies of either party against the other in
respect of any antecedent breach.
7.5 In the event the Tenant shall be desirous
of taking the tenancy of the Demised Premised for a further term, the Tenant shall
give the Landlord two (2) months written notice of the same. Provide always
that the terms and conditions of this agreement shall have been duly observed
and performed by the Tenant, the Landlord may grant the Tenant a further term
of tenancy as is specified in Section 9
of the Schedule hereto upon the same terms and conditions (save and except
for this clause) and at a rental to be agreed upon.
7.6 In the event that the Landlord shall be
desirous of selling the said Demised Premises prior to the expiration of the
term hereby created, the Landlord hereby covenants, undertakes and agrees that
such sale may be subject to this tenancy and may procure the Purchaser to
continue with the terms and conditions of this Agreement in lieu of the
Landlord.
7.7 In the event that the Tenant desires to
terminate this Tenancy Agreement at any time before the expiration of the term
hereby created, the Security Deposits as stated in Section 7 of the Schedule hereto shall be forfeited by the Landlord
and the Utility Deposits as stated in Section
8 of the Schedule hereto shall be subject to the all necessary outstanding
electricity and water charges before the balance (if any) is refunded to the
Tenant.
7.8 Any notice in writing under the terms and
conditions of this Agreement to be sent to either party hereto on the other
shall be by prepaid registered and shall be deemed to be sufficiently served at
the time when the ordinary course of post would have been delivered.
8. In this Agreement:-
8.1 The term ‘Landlord’ and ‘Tenant’ shall
include heirs, personal representatives and successors in title.
8.2 Words importing the masculine gender only
shall include feminine and neuter genders and vice versa.
8.3 Words importing the singular number only
shall include the plural and vice versa and words importing a person shall
include a body of person or corporation.
IN WITNESS WHEREOF the parties hereto have hereunder set their
hands the day and year specified in Section 1 of the Schedule hereto.
SIGNED by the said LANDLORD
Name: ) ……………………………………….
NRIC No:
In the presence of:
Name: ) ……………………………………….
NRIC No:
SIGNED by the said TENANT
Name: ) ……………………………………….
NRIC No:
In the presence of:
Name: ) ……………………………………….
NRIC No:
THE SCHEDULE
(Which
is to be taken, read and constructed as an essential part of this Agreement)
Sect No
|
Items
|
Particulars
|
1
|
Date of Agreement
|
Date :
Fee : RM250.00
|
2
|
Description of the Landlord (Name, NRIC,
Tel no
|
|
3
|
Description of the Tenant (Name, NRIC, Tel
no)
|
|
4
|
Description of the Demised Premises
|
|
5 (a)
(b)
(c)
|
Term
Commencing
Terminating
|
ONE (1) YEAR
|
6 (a)
(b)
|
Monthly Rental
Due On
|
Ringgit Malaysia One Thousand Eight Hundred Only
(RM1,800.00).
Due and payable before the 1st
day of each month
|
7
|
Security Deposits
|
Ringgit Malaysia Three Thousand Six Hundred Only
(RM3,600)
|
8
|
Utility Deposits
|
Ringgit Malaysia One Thousand Only
(RM1,000)
|
9
|
Option to renew
|
One year only
|
10
|
Use of the Demised Premises
|
Residential Purpose Only
|
11
|
Pay to Account Bank
|
