AN AGREEMENT OF TENANCY made the day and year stated in Section 1 of the Schedule hereto between the first party whose name and description are stated in Section 2 of the Schedule hereto (hereinafter called “the Landlord”) of the one part and the second party whose name and description are stated in Section 3 of the Schedule hereto (hereinafter called “the Tenant”) of the other part.
WHEREAS the Landlord is letting the premises described in Section 4 of the Schedule hereto (hereinafter referred to as the “Said Premises”).
WHEREBY IT IS AGREED subject to the accompanying General Conditions, the Landlord lets and the Tenant takes the Said Premises for a term stated in Section 5 of the Schedule hereto commencing on/deemed to have commenced on the date stated in Section 6 of the Schedule hereto at the monthly rent stated in section 7 of the Schedule hereto payable on or before the day stated in Section 8 of the Schedule of every month in advance.
GENERAL CONDITIONS
I. The Tenant hereby agrees and covenants with the Landlord as follows:-
(1) To deposit with the Landlord the sum stated in Section 9(a) and (b) of the Schedule hereto (the receipt of which the Landlord hereby acknowledges) as deposit or security for the due performance and observance by the Tenant of all covenants on the part of the Tenant herein contained. The said sum shall be maintained at this figure during the term of this tenancy and shall not without the previous consent in writing of the Landlord be deemed to be or treated as payment of rent, and the same shall be refunded to the Tenant free of interest within thirty (30) days from the expiration or sooner determination of the term of this tenancy, less such sums as may be then due to the Landlord but without prejudice to any other claims which the Landlord may have against the Tenant under the terms of this tenancy.
(2) To pay the monthly rent as stated in Section 7 of the Schedule hereto at the time and in the manner as set out in Section 8.
(3) To apply at his own expenses and to pay for the electricity, water, sewerage, telephone and all other public utilities supplied to the Said Premises.
(4) Not to make any structural alteration in or additions to the Said Premises without prior consent in writing of the Landlord and to bear the costs and expenses of any alterations or addition. In the event of the Landlord permitting such alterations or additions the Tenant shall at the expiration or determination of the Tenancy reinstate the Said Premises at his own cost and expenses to its original state.
(5) Not to do or permit to be done on the Said Premises any unlawful, illegal or immoral activities, which will or may infringe any of the by-laws or regulations in force or which may be or become a nuisance or annoyances or inconvenience to the Landlord or to the other tenants or occupiers of the neighbouring houses.
(6) Not to keep on the premises any articles or things of dangerous or explosive or noxious nature.
(7) To keep the Said Premises and all the flooring material, the plaster or other surface material on walls and ceilings and all the Landlord’s installation therein, all glass in the windows and doors and all other parts of the Said Premises in good and tenantable repair and proper working order, fair wear and tear excepted, and to replace/repair any fixtures/fittings that may be damaged/broken due to malicious or careless acts or omissions of the Tenant and further that if any damage is caused to the Landlord or any person whomsoever directly or indirectly through the Said Premises (including fixtures and fittings) the Tenant shall be wholly responsible and shall fully indemnify the Landlord against all claims, action and legal proceedings by any person in respect thereof.
(8) To use the Said Premises for the purpose(s) stated in Section 10 of the Schedule hereto only.
(9) At the Tenant’s own expenses and responsibility to comply with the requirements of any Government or Local Authority under the provisions of any Act or of any regulations or by-laws of the local Authorities or any written law which may be in force at any time during the term hereby granted in so far as such requirements relate to the Tenant.
(10) Not without the consent of the Landlord to affix or exhibit or erect or permit or suffer to be affixed or erected on or upon any part of the exterior of the Said Premises or of the external rails or fences thereof any poster of other advertisement or boarding.
(11) To permit the Landlord and his agents, servants and others to enter upon the Said Premises at all reasonable time for the purpose of viewing the state and condition thereof or for any other reasonable purpose and forthwith to make good, at the Tenant’s own expense within one month any defects caused by the Tenant’s occupation of the Said Premises, found upon the Said Premises of which notice shall be given by or on behalf of the Landlord.
(12) Not at any time during the said term or any renewal thereof to assign or sublet or otherwise part with possession of the premises or any part thereof to any person without the Landlord’s consent in writing having first been obtained.
(13) Upon the determination of this Tenancy to deliver up to the Landlord the Said Premises in such state of repair condition, order and preservation as shall be in strict compliance with the Landlord’s stipulations herein contained and with all locks keys and fastenings complete.
(14) The Tenant shall produce the latest water and electricity receipt (bill) to the Landlord before the refund.
(15) During two (2) months immediately preceding the determination of the term created to hereby permit intending tenants and others with written authority from the Landlord or his agents at any reasonable time of the day to view the Said Premises provided always that the Tenant be verbally notified and prior appointment be made.
II. The Landlord hereby agrees and covenants with the Tenant as follows:-
(1) To pay all quit rents, taxes, assessments and other outgoings which are or may hereafter be charged or imposed upon the premises and payable by the Landlord.
(2) The Tenant paying the rent and performing and observing the covenants herein contained and or the Tenant’s part to be performed and observed shall peaceably hold and enjoy the premises during the said term without any unlawful interruption or disturbance from or by the Land lord or any person rightfully claiming under or in trust for the Landlord.
(3) The Landlord shall ensure that the premises, excluding all moveable items and the properties of the Tenant, are adequately insured against fire.
III. PROVIDED ALWAYS and it is hereby agreed as follows:-
(1) On the expiry of the term hereby created the Landlord shall grant the Tenant a further term as provided in Section 11 of the Schedule hereto upon terms and conditions to be mutually agreed upon.
(2) If the rent hereby reserved or any part thereof shall remain unpaid for Seven (7) days after becoming due (although no formal or legal demand shall have been made there for) or in the case of a breach or non-performance of any of the stipulations herein mentioned to be performed by the Tenant it shall be lawful for the Landlord at anytime thereafter to re-enter upon the Said Premises or any part thereof in the name of the whole and thereupon this Tenancy shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any antecedent breach of the covenant on the part of the Tenant herein contained.
(3) That if at any time during this term of Tenancy the Said Premises shall be destroyed or damaged by fire ( not caused by the willful act or default of the Tenant) so as to become unfit for occupation or use for the purpose aforesaid, then the rent hereby covenanted to be paid or just proportion part thereof according to the nature and extent of damage sustained shall abate and be allowed to the Tenant from the time of destruction or damage until such time as the Said Premises shall be rebuilt and reinstated or until the date of expiry of a notice of election by the Landlord under the proviso hereinafter contained PROVIDED FURTHER and it is a condition of this Agreement that if through any case whatsoever the Said Premises shall require substantial rebuilding or reinstating, the Landlord may at the Landlords’ discretion in lieu of rebuilding or reinstating the same, be entitled to terminate this Agreement and re-enter upon the Said Premises on giving to the Tenant not less than one (1) month’s notice in writing of such election by the Landlord and the Landlord shall refund to the Tenant the deposits paid pursuant to this Agreement.
However, the Landlord shall be entitled to deduct from such deposit such sum as is found due the Landlord as a result of a breach of any of the provisions of this Agreement on the part of the Tenant to be observed and performed.
(4) The stamp duty and legal fees in respect of this Agreement shall be borne and paid by the Tenant.
(5) It is agreed that the Tenancy hereof created for twelve (12) months. In the event the Tenant terminates the tenancy before the expiration of the term hereby created, the deposit as stated in Schedule 9(a) shall be absolutely forfeited by the Landlord as agreed liquidated damages.
(6) The Tenant shall give two (2) months written notice of his intention to exercise the option to renew this Tenancy (Section 11 of Schedule) before the expiry of the term of this Tenancy.
(7) The tenant acknowledges that the Said Premises have been inspected and satisfied with the state and condition thereof and no objections or complaints shall hereafter be made nor shall the same be entertained in respect of any defects which have not been previously notified in writing to the Landlord.
(8) Any notice required to be given under this agreement shall be writing and any notice to the Landlord shall be deemed to be sufficiently served if addressed to the Landlord and left at or sent by registered post to the Landlord at the address stated. Any notice sent by registered post shall be deemed to be given at the time when in due course of post it would be expected to be delivered to the address to which it is sent.
(9) In this Agreement where the context so requires words importing the singular number or the masculine gender included the plural number or feminine gender and words importing persons include corporation and vice versa.
(10) This Agreement shall be binding upon the heirs, personal representative assigns and successors in title of the parties hereto.
(11) The Schedule hereto shall be taken read and construed as an essential part of this Agreement.
AS WITNESS WHEREOF the parties hereto have hereto set their hands the day and year first above stated.
SIGNED BY THE LANDLORD
:
…………………………………………….……………
(Signature)
Name :
NRIC. :
…………………………………………….……………
(Signature)
Name :
NRIC. :
In the presence of : ………………………………………………………….
(Signature)
Name :
NRIC. :
SIGNED BY THE TENANT ………………………………………………………….
(Signature)
Name :
NRIC. :
In the presence of : ………………………………………………………….
(Signature)
Name :
NRIC. :
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SCHEDULE
(Which is part of this agreement)
1.
DATE OF AGREEMENT
:
2. LANDLORD’S NAME, NRIC NO. AND ADDRESS
:
3. TENANT’S NAME, NRIC NO. AND ADDRESS
:
4. THE SAID PREMISES
:
5. TERM OF LEASE : One (1) year fixed
6. (a) COMMENCEMENT DATE : 1st JANUARY 2008
(b) DATE OF EXPIRY : 31st DECEMBER 2008
7. MONTHLY RENTAL : $360.00
8. TIME OF PAYMENT : By 7th of every calendar month
9. (a) ADVANCE RENTAL : $360.00
(b) SECURITY DEPOSIT : $360.00 (1 month rental)
(c) UTILITY DEPOSIT : $180.00
10. PERMITTED PURPOSE(S) : Residential use only.
11. FURTHER TERMS (IF ANY) : Option to renew for two (2) years only at prevailing market value to be mutually agreed upon.
Tuesday, November 25, 2008
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