Draft Tenancy Agreement
Draft Tenancy Agreement
Draft Tenancy Agreement
BETWEEN
(LANDLORD)
LANDLORD NAME
NRIC No: LANDLORD IC NUMBER
AND
(TENANT)
TENANT NAME
NRIC No: TENANT IC NUMBER
TENANCY AGREEMENT
FULL PROPERTY
ADDRESS
HERE
THIS AGREEMENT is made the day and year stated in Section 1 of the Schedule
hereto between the party whose name and description are stated in Section 2 of the Parties
Schedule hereto (hereinafter 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 :-
2. The Landlord is desirous of letting and the Tenant is desirous of taking the Said Inventory of
Premises together with furniture, fixtures and fittings as described in the Inventory Furnishings
1. Subject to the terms and conditions herein contained the Landlord hereby grants Agreement To Rent
and the Tenant hereby accepts a tenancy of the Said Premises for the term,
commencing from the date and terminating on the date stated in Section 5(a) (b) Term Of Tenancy
and (c) respectively of the Schedule hereto.
2. The monthly rental stipulated in Section 6 (a) of the Schedule hereto shall be Monthly Rental
and date payable
due and payable in advance in the manner and at the time stipulated in Section
6 (b) respectively of the Schedule hereto.
3. The Tenant shall upon execution of this Agreement and prior to the occupation of Rental Deposit
the Said 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
deposits shall be maintained at this figure during the term of this tenancy and the
Tenant shall not be entitled to utilise the said deposit to off-set any rental due
under this agreement and the same shall be returned to the Tenant free of
interest within 30 (Thirty) days upon expiry or sooner determination of the term
hereby created less any sums as may then be due to the Landlord for damage
caused to the Said Premises by the Tenant (damage due to normal wear and
tear excepted).
4. The Tenant shall upon execution of this Agreement and prior to the occupation of Utility Deposit
the Said Premises pay the Landlord the water and electricity deposits stipulated
in Section 8 of the Schedule hereto (collectively as the Utility Deposits). The
Tenant shall not be entitled to utilise the said deposit to off-set any rental due
under this agreement and the same shall be refunded to the Tenant free of
interest within 30 (Thirty) days upon expiry or sooner determination of the term
hereby created less such sum or sums as may then be due and outstanding. For
the purposes of determining the current deposits, it is hereby agreed that
photocopy of the requisite receipt notice or other written communication from the
relevant Department shall be conclusive.
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5. THE TENANT HEREBY COVENANTS WITH THE LANDLORD as follows:- Tenant Covenants
5.1 To pay the reserved rent on the days and in the manner aforesaid. To Pay Reserved
Rent
5.2 To pay all charges due and incurred in respect of electricity, water, sewerage Payment of
Utilities
(Indah Water), gas, telephone, internet and all other utilities supplied to the
Said Premises.
5.3 To keep the Said Premises, the interior, fixtures, fittings and furniture including To keep in good
but not limiting to those listed in the Inventory hereto (if any) together with any condition
additions thereto in a good and tenantable repair condition (normal wear and tear
excepted) and to replace or repair any of the aforesaid items and any part of the
Said Premises and the Landlord’s fixtures and fittings which shall be damaged.
5.4 Not to make or permit to be made any alterations in or additions to the Said Not to make
Premises or the Landlord’s fixtures, fittings, decorations, locks or bolts on the alterations and to
maintain premises
entrance doors to the premises therein without having first obtained the written in present state
license and consent of the Landlord thereof and in the event of such 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 Said 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 at all To permit entry for
inspection and
reasonable times to enter upon and examine the condition of the Said Premises, repair purposes.
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 to execute the same and if the Tenant shall not within
fourteen (14) days after service of such notice proceed diligently with the
execution of such repairs or works then the Landlord with or without workmen
and others shall be entitled to enter upon the Said Premises and execute the
repairs and the Tenant agrees that the costs thereof shall be a debt from the
Tenant to the Landlord and be forthwith recoverable by action.
5.6 To use the Said Premises only for the purpose stipulated in the Section 10 of Used for stated
purpose only
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 do or permit or suffer anything to be done in or about the Said 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 Not to assign and
sublet
Said Premises for any term whatsoever without first obtaining the previous
consent in writing of the Landlord.
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5.8 Not to do or permit to be done on the Said Premises anything which may or will Not to do acts
which will affect
infringe any of the laws, by-laws or regulation made by the Government or any the Landlord .
competent authority affecting the Said Premises or whereby the policy or policies
of insurance against loss or damage by fire may become void or voidable or
whereby the rates of 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 To deliver Said
peaceably and quietly deliver up to the Landlord vacant possession of the Said Premises and to
make good damage.
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 Said 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 Said Premises arms ammunitions or unlawful goods Not to store
unlawful goods.
gunpowder or any explosive or any article or articles of a specially combustible
inflammable or dangerous nature and unlawful goods in any part of the Said
Premises.
5.11 During the One (1) month immediately preceding the termination of the tenancy Permission to view
unless the Tenant shall have given notice of his intention to renew the tenancy as
hereinafter provided, to permit persons with the written authority from the
Landlord at all reasonable times of the day to view the Said Premises for the
purpose of letting the same.
Clean curtains &
5.12 To employ a professional cleaner to clean curtain, sofa, bed and service all air- Servicing of air-
conditioners provided by the Landlord upon vacating the Premises. conditioners
5.13 To keep in good clean tenantable repair and condition all the drains and pipes in
the Premises and to pay to the Landlord on demand all costs incurred by the
Landlord in cleansing and clearing any of the drains pipes sanitary or water
apparatus choked or stopped up owing to careless or negligent use thereof by
the Tenant or his employees, servants, workmen, licensees, customers or any
persons authorized by him.
5.14 To replace all broken or damaged windows, doors and fixtures of and in the
Premises whether the same be broken or damaged due to the negligence or
default of the Tenant.
5.15 Not to cut maim or injure or cause suffer or permit to be cut maimed or injured
any doors, windows, walls, joint, cement, concrete, columns, beams, girders,
timbers, tiling, floor slabs, marble or stone surfaces, sanitary apparatus, piping,
electrical wiring or fittings, telephone wires or cords or any other part of the fabric
of the Premises without the prior consent of the Landlord.
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5.16 Not without the written consent of the Landlord to cause or procure any nails,
hooks, screws, handles, bolts, locks, hinges, holes, etc., to be pierced, struck,
penetrated or made onto, or into any part of the floor, any door, door frame, tiled
or stone surface, ceiling, window frame, fitting or furniture within the Premises.
Fixtures to walls will not be made by the Tenant except picture rails with hanging
wires or simple picture hooks designed for the purpose of hanging paintings and
ornaments, and any holes and damage should be made good and the surfaces
be reinstated including repairing and painting the entire wall to the same original
condition at the expiration of the tenancy.
5.17 To use the premises for himself and his immediate family as a private residence
only. He shall not use the premises as school, operating training class, dancing
lesson class, boarding house, nursery, bank dormitory, bathing parlour, nor for
any industrial purposes.
5.18 Not to exhibit erect or display on the exterior or interior of the Premises any
writing sign, signboard, flagpole, decoration poster, notice or advertisement or
other device whether illuminated or not which may be visible from outside the
Premises without having first obtained the consent of the Landlord in writing.
5.19 Not to produce or permit or suffer to be produced any music or noise (including
sound produced by the broadcasting or any apparatus or equipment capable of
producing or reproducing receiving or recording sound) so as to cause
annoyance or disturbance to the Landlord, or the occupiers of the neighbouring
premises.
5.20 To permit the Landlord, at any time if the Landlord intends to sell the Premises,
and during the two months immediately preceding the determination of the
tenancy hereby created if the Landlord intends to relet the Premises, to affix and
retain without interference upon any external part of the Premises a notice for
reletting or selling the same and the Tenant shall permit persons with written
authority from the Landlord or his agents at all reasonable time of the day, at any
time if the Landlord intends to sell the Premises, and during the two months
immediately preceding the determination of the tenancy hereby created if the
Landlord intends to relet the Premises, to enter and view the Premises or any
part thereof.
5.21 To cover insurance for his own belongings against Typhoon, Depression, Storm,
Flood, Fire, Theft and Accidents in relation to this Tenancy. The Landlord shall
not be responsible for any damage or loss under all circumstances. To take all
reasonable precautions to protect the interior of the Premises against damage by
storm typhoon or the like threats.
5.22 EXCEPT for the first month, the Tenant to be responsible for all minor repairs
and maintenance not exceeding the sum of RM200.00 per item per job. For
any repairs above RM200.00, the first RM200.00 will be borne by the Tenant,
and the balance amount will be borne by the Landlord and the tenant shall obtain
the Landlord’s approval before the commencement of repairs.
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Landlord’s
6. THE LANDLORD HEREBY COVENANTS WITH THE TENANT as follows:- Covenants
6.1 To pay the Quit Rent, assessment, maintenance / service charges and other To pay quit rent,
assessment,
outgoings relating to the Said Premises other than those herein agreed to be service charges,
paid by the Tenant.
6.2 At all times through the period of this Agreement to keep the Said Premises To keep insured
except the furniture, fixtures therein belonging to the Tenant insured against loss and reinstate Said
Premises.
or damage by fire or tempest and in case of destruction by fire or tempest to
replace or reinstate the same as speedily as possible.
6.3 To maintain and keep the main structure of the Said Premises that is the roof, To maintain
structure of Said
main walls and timbers, drains, water pipes and electrical wiring in good and Premises in
tenantable repair
tenantable repair condition throughout the term hereby created except as regards condition.
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.
6.4 If leakage, repairs or major breakdowns occur to the Said Premises, the furniture,
fixtures, fittings or appliances, through no fault or negligence of the Tenant, the
Tenant shall give notice to the Landlord, and the Landlord shall undertake to
effect the repairs / replacement within seven (7) days. If the repairs / replacement
are not effected within seven (7) days, the Tenant shall be entitled to have the
repairs / replacements effected by a contractor of the Tenant’s own choice and
shall deduct from the rental fee the repair / replacement cost.
6.5 Upon the Tenant paying the rent hereby reserved and observing and performing To allow Tenant to
enjoy Said Premises
the covenants, obligations and stipulations herein on his part contained, to allow without Landlord’s
the Tenant to peaceably hold and enjoy the Said Premises without interruption interruption.
from the Landlord or any persons rightfully claiming through under or in trust for
him.
7.1 If at any time the rent or any part thereof (whether formally demanded or not) Power of re-entry
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 or if the
Tenant shall suffer execution on the Said Premises or if the Tenant shall become
a bankrupt or being a company or corporation shall go into liquidation otherwise
than for the purpose of amalgamation or reconstruction or if the Tenant for the
time being shall enter into any composition with the Tenant’s creditors or suffer
any distress or execution to be levied on the Tenant’s goods then and 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 Said 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.
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7.2 In case the Said Premises or any part thereof shall at any time during the term Destruction or
hereby created be destroyed or damaged by fire (except where such fire has damage to Said
Premises.
been caused by the fault or negligence of the Tenant) or so as to be unfit for
occupation or use for a period greater than seven (7) days the rent hereby
reserved or a fair proportion thereof according to the nature and extent of the Suspension of
Reserved Rent
damage sustained shall (after the expiration of the aforesaid seven (7) days
period) be suspended until the Said Premises shall again be rendered fit for
occupation and use. If the Said Premise is unfit for occupation (due not to the
fault or negligence of the tenant) and the tenant needs to seek alternative
accommodation, the Landlord shall reimburse the tenant for the cost of the Termination in the
event of non-
alternative accommodation in either hotel or serviced apartment. AND reinstatement.
PROVIDED ALWAYS that if the Said Premises or any part thereof shall not be
rendered and reinstated and made ready and fit for occupation within a period of
One (1) month from the date of happening of any such event the Tenant shall be
at liberty to give to the Landlord immediate notice in writing determining the
Tenancy hereby created and thereupon this Tenancy shall absolutely determine
and the Security Deposit and the Utilities Deposit paid by the Tenant hereunder
shall be refunded to the Tenant forthwith but without prejudice to the right of
action of the Landlord in respect of any antecedent breach of any covenant or
condition herein contained.
7.3 In the event the Tenant shall be desirous of taking a tenancy of the Said Option to renew.
Premises for a further term, the Tenant shall give the Landlord one (1) month
written notice of the same. Provided always that the terms and conditions of this
Agreement shall have been duly observed and performed by the Tenant, the
Landlord shall 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 mutually agreed upon.
7.4 The agreement is for a 1 year Fixed Tenancy period. In case of breach, two Termination
Termination
clause
months written notice in advance by the tenant before the tenancy expires. It is clause
agreed between the parties hereof that should the tenant terminate this
agreement before the tenancy period hereby created, the Landlord shall have the
absolute right to forfeit the refundable deposit.
7.5 Any additional deposit required by Tenaga Nasional Berhad or the Syarikat Additional Deposit
Bekalan Air Selangor Sdn Bhd or Indah Water Konsortium or Telephone from paid by Tenant.
time to time during the continuance of this Agreement shall forthwith be paid by
the Tenant to the Landlord as additional utility deposit specified in Section 8 of
the Schedule.
7.6 In the event the Landlord shall be desirous of selling the Said Premises prior to Sales of Said
Premises subject to
the expiration of the term hereby created, the Landlord hereby covenants, tenancy
undertakes and agrees that such sale shall be subject to this tenancy and must
procure the Purchaser to continue with the terms and conditions of this
Agreement in lieu of the Landlord.
7.7 The stamp duty for this Agreement shall be borne by the Tenant and each party Stamp duty
shall bear their own solicitor’s fees.
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7.8 Any notice in writing under the terms and conditions of this Agreement to be sent Service of notice
to either party hereto on the other shall be by prepaid registered post and shall
be deemed to be sufficiently served at the time when the ordinary course of post
would have been delivered.
7.9 Without prejudice to any other right or remedy of the Landlord hereunder or at
law, if the Rent or any part thereof or any other sum payable by the Tenant to the
Landlord pursuant to the provisions of this Agreement shall not have been paid
upon the date whereon payment of the same is due then the Tenant shall pay to
the Landlord interest upon such Rent or other sum at the prescribed rate until the
said Rent or other sum shall have been paid, such interest to be calculated on a
daily basis. The term "prescribed rate" means 2% over the best lending rate of
The Hongkong and Shanghai Banking Corporation Limited at the date upon
which the Rent or other sum became due. Interest payable by the Tenant upon
arrears of Rent shall not itself be deemed to be Rent
7.10 The Landlord shall not be under any liability whatsoever to the Tenant or any
other person whomsoever in respect of any damage sustained by the Tenant or
such other person as aforesaid caused by or through or in any way owing to the
failure or malfunctioning of the air conditioning system (if any), any appliances (if
any), water pumps, drainage system or electrical wiring or equipment of and in
the Building or the overflow of water from any premises situate in the Building or
caused by the negligence of any tenant of such premises And in any of such
events the Tenant shall not be entitled to any abatement of Rent or other charges
payable by the Tenant hereunder. The Tenant shall fully indemnify the Landlord
against all claims demands actions and legal proceedings whatsoever made
upon the Landlord in respect of any damage to any person whomsoever caused
by the negligence of the Tenant.
8 In this Agreement :-
Interpretation
8.1 The terms “Landlord” and “Tenant” shall include their 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.
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IN WITNESS WHEREOF the parties hereto have hereunder set their hands the day and
year specified in Section 1 of the Schedule hereto.
In the presence of :
Name : WITNESS NAME )
NRIC No. : WITNESS IC NUMBER )
In the presence of :
Name : WITNESS NAME )
NRIC No. : WITNESS IC NUMBER )
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THE SCHEDULE
(Which is to be taken, read and construed as an essential part of this Agreement)
SECT ITEMS PARTICULARS
NO
6 b. Due On Due and payable on or before the 1st day of each month,
directly into landlord’s Maybank Bank at: XXXX-XXXX-
XXXX.