Sunday, December 9, 2012

Tenancy Agreement for Residential Properties



TENANCY AGREEMENT

THIS AGREEMENT is made the dayst day of month, year between LANDLORD’S NAME, ( NRIC No : ) of current address ( hereinafter called 'the Landlord' ) of the one part and TENANT’S NAME, ( NRIC No : ) of current address ( hereinafter called 'the Tenant' ) of the other part.

WHEREBY IT IS AGREED as follows: -

1. The Landlord let and the Tenant takes a tenancy of the whole of the double storey house known as premises’ address at property adress. ( hereinafter referred to as 'the said Premises' ).

2. The term of this tenancy is for a fixed term of two (2) year, commencing on the dayst day of month, year and terminating on the dayst day of month, year.

3. In consideration of the sum of Ringgit Malaysia amount ( RM ) only now paid by the Tenant to the Landlord, the receipt hereby the Landlord acknowledges being two (2) months rent deposit, one (1) month rental payable in advance and the balance of RM being water & electricity deposit; which said deposit shall be retained by the Landlord as security for the due performance and observance by the Tenant of the covenants and conditions herein contained and shall not be taken to be treated as payment towards rental and shall be refunded without interest to the Tenant.

4. The Tenant covenants with the Landlord as follows: -
a) To pay the reserved rent on the days and in the manner aforesaid.

b) To pay the way of additional rental a proportionate sum of any increase in the quit rent and or assessment over and above that payable at the date of this Agreement in respect of the building in which the said Premises form a part.

c) To pay all charges for the supply of water and electric energy to the said Premises.

d) To observe and to comply with all by-laws and regulations affecting a Tenant of the said Premises which are now in force or which may hereafter be enacted.

e) To keep the interior of the said Premises including all window glass and all electric wiring and fittings and other fixtures and property of the Landlord in upon and belonging to the said Premises in good and tenantable repair and condition ( fair wear and tear and damage by fire storm tempest riot and any other cause beyond the Tenant's control excepted ).

f) To keep the said Premises clean both internally and externally.

g) Not to injure cut or alter any of the walls partitions timbers or floors of the said Premises without the Landlord's previous consent in writing nor without the like consent and if necessary of the local authority to make any structural or other alterations or additions to the said Premises or any part thereof provided always that any such alterations made with the Landlord consent as aforesaid shall be made at the Tenant own cost and expense and any damage caused thereby must be made good by the Tenant.

h) To permit the Landlord their agents or workmen at all reasonable times to enter upon and view the condition of the said Premises and to take inventories of the Landlord fixtures therein and to do structural or external repairs to the said Premises or to the portions of the said building of which the said Premises form a part or to any contiguous building not conveniently accessible otherwise than from or through the said Premises. The Landlord may serve upon the Tenant notice in writing specifying any repair or work necessary to be made or done to comply with the Tenant's covenants to repair herein contained and require the Tenant forthwith to execute such repairs or work or make such replacements and if the Tenant shall not within ten (10) days after the service of such notice proceed diligently with the execution of such repairs or the making of such replacements then it shall be lawful for the Landlord to enter upon the said Premises and execute such repairs or work or make such replacements and the cost thereof shall be a debt due from the Tenant to the Landlord and be forthwith recoverable by action.

i) Should any damage be done to the said Premises or any part thereof by the installation use or renewal of any plant machinery sign or other fittings to repair forthwith and make good such damage to the satisfaction of the Landlord.

j) Not to do or permit or suffer to be done anything whereby the policy or policies of insurance on the said Premises against damage by fire may become void or voidable or whereby the premium may be increased and to repay to the Landlord all sums paid by the Landlord by way of increased premium and all expenses incurred by them in or about any renewal of such policy or polices rendered necessary by a breach or non-observance of this covenant.

k) Not to use or permit the said Premises or any part thereof to be used other than as a shop or Restaurant purposes only.

I) Not to assign sub-let or otherwise part with the possession of the said Premises or any part thereof without the previous consent in writing of the Landlord.

m) Not to keep or permit to be kept on the said Premises or any part thereof any materials the keeping of which may contravene any local ordinance, statute, regulation or by-law or in respect of which an increased rate of insurance is usually required.

n) Not to use or permit the said Premises or any part thereof to be used in such manner that it may be or become a nuisance or annoyance to or in any way interfere with the quiet occupation and comfort of occupants of neighbouring buildings.

o) At the expiration or sooner determination of this Agreement peaceably and quietly to yield up the said Premises to the Landlord with all fixtures ( except Tenant's Fixtures ) thereon in good and tenantable repair and condition in accordance with the covenants hereinbefore contained and to replace any plate glass which has been permanently marked by the Tenant in any way.

5. The Landlord covenant with the Tenant as follows: -
a) Except in so far as the same are payable by the Tenant under the terms hereof to pay and discharges all existing and future rates taxes assessments and outgoing payable in respect of the said Premises.

b) So long as the Tenant shall pay the rent hereby reserved and perform and observe the several Agreements stipulations and covenants on its part herein contained the Tenant shall peaceably hold and enjoy the said Premises during the said term of this Agreement without any interruption by the Landlord or any person or persons lawfully claiming through or under the Landlord.

6. Provided always and it is hereby agreed between the parties hereto as follows: -
a) If the rent hereby reserved or any part thereof shall be in arrear and unpaid at any time for seven (7) days after becoming due whether formally demanded or not or if any covenants stipulations or Agreement on the part of the Tenant hereby contained shall not be performed or observed or if the Tenant or other person or persons in whom for the time being the term hereby created shall be vested shall have a receiving order made against it or him or shall become bankrupt or shall make any assignment for the benefit of or enter into any arrangement with its creditors or if the Tenant shall permit any execution to be levied on the said Premises then and in any such cases it shall be lawful for the Landlord at any time thereafter to re-enter upon the said Premises or any part thereof in the name of the whole and thereupon this Agreement shall absolutely determine but without prejudice to the Landlord right of action in respect of any breach of the Tenant's covenants herein contained.

b) If at any time during the tenancy the said Premises shall be destroyed or damaged so as to become unfit for occupation or use by fire tempest or other inevitable cause except when such fire shall have been caused by any act or default of the Tenant whereby payment of the policy moneys under any policy of insurance shall be refused then the rent hereby reserved or a fair and just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the said Premises have been again rendered fit for habitation and use. The Landlord shall not be bound or compelled to rebuild or reinstate the same unless the Landlord shall in their discretion think fit and in the event of the Landlord shall decide not to rebuild or reinstate the said Premises then the rent hereby reserved shall cease and determine from the happening of such destruction or damage as aforesaid and the Tenant shall peaceably and quietly surrender leave and yield up to the Landlord possession of the said Premises.

c) If the Landlord is desirous to terminate the tenancy or to sell off the said Premises thereof the Landlord shall give three (3) months notice in advance to the Tenant and the Tenant shall yield up the said Premises to the Landlord.

d) The stamp duty of this Agreement shall be paid for by the Tenant.

e) Upon terminate of the tenancy, the Landlord shall grant to the Tenant a further tenancy of one (1) year that is from dayst day of month, year to dayst day of month, year at rental to be agreed upon in accordance with the market rate of rental prevailing at that time.

f) Any notice in writing required to be served hereunder shall be sufficiently served on the parties hereto if addressed to and left at or sent by post to the parties' respective addresses above-stated. A notice sent by post shall be deemed to be given at the address to which it is sent.

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

SIGNED by the said Landlord )
LANDLORD'S NAME             )
in the presence of :-               )          ………………………………………
                                                                LANDLORD'S NAME



………………………………………
Witness,
Name: WITNESS’S NAME
NRIC : WITNESS’S NRIC




SIGNED by the said Tenant )
TENANT’S NAME               )
in the presence of: -            )         ………………………………………
                                                               TENANT’S NAME




………………………………………
Witness,
Name : WITNESS’S NAME
NRIC : WITNESS’S NRIC