Wednesday, July 15, 2009



TENANCY AGREEMENT
_________________________________________________________





BETWEEN



………………………………..

[LANDLORD]


AND



………………………………………
[TENANT]





_____________________________________________________________________

DEMISED PREMISES:

……………………………
…………………………………
………………………………….
………………………………

___________________________________________________________________

TENANCY AGREEMENT


THIS AGREEMENT is made the day and year as stated in Section 1 of First Schedule hereto between the party more particularly described in Section 2 of the First Schedule hereto (hereinafter called 'the Landlord') of the one part and the more particularly described in Section 3 of the First Schedule hereto (hereinafter called ' the Tenant') of the other part.


WHEREAS

The Landlord is the registered proprietor and/or beneficial owner of the premises described in Section 1 of the Second Schedule hereto (hereinafter referred to as 'the Demised Premises')


NOW IT IS HEREBY AGREED as follows:

1. The Landlord hereby let and the Tenant hereby takes on the Tenancy of the Demised Premises for the period specified in Section 2 of the Second Schedule hereto
commencing on the date specified in Section 4 of the Second Schedule hereto.


2. The Tenant shall pay to the Landlord the agreed rental as specified in Section 5 of the Second Schedule hereto for the Demised Premises payable in advance upon signing of the Agreement and thereafter within the 7th day from the date rental is due subject to the terms and conditions hereinafter contained.


3. Upon the execution of this Agreement, the Tenant shall pay to the Landlord a deposit as specified in Section 6 of the Second Schedule hereto as security for the due observation and performance by the Tenant of the stipulations terms and conditions of this tenancy. The said deposit shall be maintained of 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 on the expiration of the term of the tenancy without interest thereon and less such sum or sums as may then be found to be payable to the Landlord including costs of repairs, replacements or damage to the Demised Premises.


4. The Tenant covenants and undertakes with the Landlord as follows:

a) To pay to the Landlord the reserved rent promptly and without default in the manner aforesaid.

b) To pay or otherwise to reimburse and indemnify the Landlord for all charges and dues in respect of water and electricity consumed, Indah Water and also for other public authority charges levied by the Local Authority or other competent authority payable in respect of the said Demised Premises.

c) At the Tenant's expense at all times to keep the said Demised Premises in good and tenantable repair and sanitary condition throughout the said term and any renewal thereof, fair wear and tear damage by fire not through the acts' omissions of the Tenant, storm tempest or act of God excepted.

d) Not without the consent in writing of the Landlord first obtained, such consent not to be unreasonably withheld, to erect or permit or suffer to be erected any new structure on the Demised Premises or make or permit or suffer to be made any alteration or addition to the Demised Premises PROVIDED ALWAYS any alterations or additions made with the written consent of the Landlord shall be at the Tenant own expense and shall comply with the laws and bylaws and regulations in relation hereto and all damage cause thereby shall be made good by the Tenant and upon the determination of the tenancy hereby created if so requested by the Landlord to restore the Demised Premises to its original state and condition at the expense of the Tenant.

e) Not by itself, agent, sub-tenant or occupier to dispose of any dirt, rubbish, rags or other refuse into the sinks, lavatories, cisterns waste or soil pipes in the Demised Premises which may cause any blockage or damage to the main
sewerage system and all costs for any necessary repairs through breach of this covenant shall be borne by the Tenant.

f) Subject to the nature of its business, not to do or permit to be done anything whereby the policy or policies of insurance on the Demised Premises against damage by fire for the time being subsisting may become void or voidable or whereby the rate of premium thereon may be increased and to repay the Landlord on demand all sums paid by way of increased breach of this covenant any such payments made or expenses incurred shall be added to the rent hereby reserved and be recoverable as rent.

g) That the Tenant hereby agrees the policy or policies of insurance as stated above will not cover any loss to the Tenant's property and the Tenant further hereby agrees to indemnify the Landlord from any such claims.

h) To use the Demised Premises solely and exclusively for the purpose as specified in Section 7 of the Second Schedule.

i) Not to use the Demised Premised for any immoral or unlawful purposes.

j) Not to do or permit to be done on the Demised Premises anything which will or may infringe any of the laws, bylaws or regulations made by the Government, Local council or any other competent authority affecting the Demised Premises.

k) Upon the expiration or sooner determination of the term hereby created or any renewal thereof peacefully to surrender and yield up to the Landlord the Demised Premises (vacant possession) in good tenantable repair and condition (fair wear and tear damage by accident, fire and any other cause beyond the Tenant's control only excepted).

l) During two months immediately proceeding the termination and/or
determination of the tenancy to permit, the Landlord to affix or display on the outside walls of the Demised Premises a suitable notice that the Demises Premises are "TO LET" and to permit any person with written authority from the Landlord and or the Landlord's agent at reasonable times of the day to view the Demises Premises for the purpose of taking a tenancy thereof.

m) The Tenant hereby agrees to indemnify and keep indemnified the Landlord from and against all claims, demands, writs, summons, actions, suit, proceedings, judgments orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the Landlord may suffer or incur in connection with loss of life, personal injury and/or damage to property arising form or out of any occurrence in, upon or at the Demised Premises or by the Tenant or by any of the Tenant's relatives, independent contractors, agents, invitees or licensees.

n) The Tenant shall pay all disbursements and out of pocket expenses, stamp preparation and completion of this Agreement.

o) The Tenant shall pay and make good to the Landlord all and every loss and damages whatsoever incurred or sustained by the Landlord as a consequence of every breach or non-observance of the Tenant's covenants herein contained.

p) Not to sublet or part with the possession of the Demised Premises or any part
thereof for any term whatsoever without the prior consent in writing of the Landlord first obtained.


5. The Landlord covenants and undertakes with the Tenant as follows:-

a) To pay all maintenance, service charges and all quit rent and assessment from time to time due in respect of the Demised Premises.

b) Subject to Clause 3 hereof to repay to the Tenant without interest the said deposit at the termination of this tenancy.

c) That of the Tenant shall duly pay the rent hereby reserved and perform and observe the terms of this Agreement the Tenant shall during the tenancy have quiet enjoyment to the Demised Premises without interruption by the Landlord or any person lawfully claiming under or in trust for them.

d) That of the Tenant shall duly pay the rent hereby reserved and perform and observed the terms of this Agreement the Landlord hereby agrees and covenant not to determine and/or terminate this Tenancy Agreement before the expiration or any renewal thereof.


6. PROVIDED ALWAYS AND IT IS HEREBY AGREED as follow:-

a) That if the rent hereby reserved or any part thereof shall be in arrears and unpaid for seven (7) days after the same shall have become due (whether legally demanded or not) of if the Tenant shall make default in the observance or performance of any of the terms conditions or covenants on its part herein contained or if the Tenant shall have a receiving order made against it or shall make any arrangement with its creditors by composition or otherwise or suffer any distress or attachment or execution to be levied against its goods or if the Tenant for the time being as a company shall enter into liquidation whether compulsory or voluntary (save for the purpose of reconstruction or amalgamation) or is for any reason whatsoever prevented or disabled by governmental intervention to continue its business in Malaysia then and in any of such cases it shall be lawful for the Landlord at any time thereafter to reenter upon the Demised Premises or any part thereof in the name of the whole without notice, and thereupon this tenancy shall absolutely determine but without prejudice to the right of action of the Landlord in the respect of any breach of the covenants on the part of the Tenant herein contained.

b) 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) days by the Tenant to the Landlord under this Agreement; such interest to be computed from the expiry of the seven (7) days 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.

c) If the Demised Premises shall during the currency of the term of this tenancy or any renewal thereof the rendered useable or damaged through fire, storm, tempest act of God, subsidence of soil or by reason of any other cause beyond the control of the Landlord then the rent hereby covenanted to be paid or a fair proportion hereof according to the nature and extent of the damage sustained shall be suspended until the Demised Premised shall again be rendered fit for use and PROVIDED ALWAYS THAT THE TENANT AND THE LANDLORD HEREBY EXPRESSLY AGREE that the Landlord shall not in any way be required by the Tenant to reinstate the Demised Premised or the building of which the Demised Premises forms part or otherwise be liable to the Tenant to provide and or to pay for alternative premises in any of the circumstances herein contained.

d) The Landlord shall have the right after the determination of the term hereby created to apply the whole or any part of the said deposit towards payment to themselves or any arrears of rent due from the Tenant towards the cost of repairs of the Demised Premises and all its fittings or fixtures therein rendered necessary by the Tenant's default or towards the payment of any damages that may be awarded to the Landlord against the Tenant for breach of any covenant on the Tenant's part herein contained and subject thereto to refund the whole of the said deposit or the balance if any to the Tenant.

e) Knowledge or acquiescence by the Landlord of any breach of any of the
conditions or covenants herein contained or any indulgence given by the Landlord shall not operate as or be deemed to be waiver of conditions or covenants or any of them and notwithstanding such knowledge or acquiescence on indulgence given the Landlord shall be entitled to exercise their rights under this Agreement and to require strict performance by the
Tenant of the terms and conditions herein.

f) That this tenancy is for a fix period as specified in Section 2 of the Second
Schedule and either party has no right to an early terminate of this agreement.
Should the Tenant prematurely terminate this agreement before the expiry term hereby granted, then the aforesaid deposits stipulated in Section 6 of the Second Schedule shall be absolute forfeited by the Landlord.

g) If the Tenant shall be desirous of extending the terms of this tenancy hereby
created and shall have given to the Landlord notice in writing of such its intention at least TWO (2) MONTHS before the expiration of the terms hereby created and if there shall not at the time of such notice be any existing breach or non-observance of any of the covenants on the part of the Tenant herein contained then the Landlord may grant to the Tenant a further term as specified in Section 3 of the Second Schedule from the date of the expiration of the term created subject to the terms and conditions and the rental to be re-negotiated and agreed upon by both parties.

h) Any notice required to be given under this tenancy shall be in writing and shall be sufficiently served on the Tenant by sending the same at the Demised Premises and shall be sufficiently served on the Landlord by sending the same by registered post addressed to the Landlord last at his address and shall be deem to have been received by the addressee at the time when it ought in due course of post to be delivered at the address to which it is sent.

7. a) The Tenant shall maintain and keep the whole of the interior and exterior of the Demised Premises including the walls and all the Landlord's fixtures and fitting specified in but not limited to Inventory List from Item A – H and
partitions therein (if any), and all improvements and additions thereto by the
Landlord or the Tenant in good repair and condition (fair wear and tear excepted) throughout the term hereby created and to yield up the same with the fixtures fitting partitions improvements and additions thereto in such repair and condition as aforesaid on the expiration or sooner lawful determination of this agreement.

8. In this Agreement unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:-

i) Words importing the masculine gender include the feminine and neuter genders;
ii) Words applicable to human beings include any body of persons incorporate and
unincorporated;
iii) Words in the singular include the plural and vice versa;
iv) The expression, the "Landlord" includes its successors in title personal representatives, administrators and assigns and the "Tenant" included its successors. This Agreement shall be binding upon the legal representative successors in title and heirs of the Landlord and the Tenant.



IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.








SIGNED BY THE LANDLORD )
in the presence of: )
) ........................................................................
NAME: ………………………….
NRIC: ………………………….








SIGNED BY THE TENANT )
in the presence of: )
)...........................................................................
NAME: …………………………………..
NRIC: ………………………………..

























THE FIRST SCHEDULE
(Which is to be taken read construed as an essential part of this Agreement)


SECTION NO. ITEM PARTICULARS

1. The day and year ……………………



2. Name and Description …………………………
of the Landlord …………………………
…………………………..
………………………….
…………………………


3. Name and Description ……………………………
of the Tenant ……………………………
………………………….
…………………………..
………………………….



















THE SECOND SCHEDULE
(Which is to be taken read construed as an essential part of this Agreement)


================================================================
No. Item Particulars
================================================================

1. Description of the Demised Premises Ground Floor of Shophouse known as
………………………….
………………………….
…………………………
………………………….
2. Period of Tenancy One (1) year

3. Option of extension of tenancy One (1) year
* Rental for renewal period at
prevailing market price.

4. Date of commencement of tenancy 1st July 2009

Date of expiration of tenancy 30th June 2010

5. Monthly Rental 1st July 2009- 31st December 2009
(First Six Months)

One Thousand Fifty Only
($1,050.00 )

1st January 2010 - 30th June 2010
(Second Six Months)
One Thousand One Hundred Only
($1,100.00 )

6. Deposit Security Deposit

Two Thousand One Hundred Only
($2,100.00)

Utilities Deposit

Five Hundred Only
($500.00)

Payable upon signing of this Agreement.

7. Usage of Premises Residential Use Only

8. Refer to Inventory List from Item A – H for the Fixtures and Fittings in Demised Premises

Tuesday, November 25, 2008

Free simple sample tenancy agreement

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. :



--------------------------------------------------------------------------------------


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.