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 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.
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Date and
Parties to the Agreement |
| WHEREAS:- |
Recitals: |
- The Landlord is the registered/beneficial proprietor of the property more particularly referred to and described in Section 4 of the Schedule hereto (hereinafter referred to as the Said Premises).
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Said Premises |
- The Landlord is desirous of letting and the Tenant is desirous of taking the Said Premises on an “as is where is” basis and upon the terms and conditions hereinafter contained.
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“As is where is” |
| NOW IT IS HERBY AGREED as follows:- |
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Subject to the terms and conditions herein contained the Landlord hereby grants 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 Sections 5(a) (b) and (c) respectively of the Schedule hereto. |
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The monthly rental stipulated in Section 6(a) of the Schedule hereto shall be due and payable in advance by the Tenant to the Landlord in the manner and at the time stipulated in Section 6(b) of the Schedule hereto. |
Monthly Rent |
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The Tenant shall upon execution of this Agreement and prior to the occupation of 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 deposit shall be maintained at this figure during the term of this tenancy and the Tenant shall not be entitled to utilize the said deposit to off-set any rental due under this agreement without the previous written consent of the Landlord 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). |
Security Deposit |
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The Tenant shall upon execution of this Agreement and prior to the occupation of 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 utilize the said deposit to off-set any rental due under this agreement without the previous written consent of the Landlord 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. |
Utility Deposit |
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The Landlord shall permit the Tenant and its agents or workmen to enter the Said Premises for the purpose of carrying out the renovation works upon the execution of this Tenancy Agreement. Further the Landlord hereby agrees that the two (2) months from Commencement Date shall be regarded as the rental free fitting-out period.
All renovations carried out shall comply with the Majlis Perbandaran or any relevant authorities bye-laws and approval.
Drawings depicting the intended renovation shall be made available to the Landlord for his approval prior to commencement of the renovation works.
Note # Clause 5 is applicable for commercial property only |
Two months rent free fitting out period from Commencement Date of Tenancy
Compliance with local authorities
Landlord’s approval |
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THE TENANT HEREBY COVENANTS WITH THE LANDLORD as follows:- |
Tenant’s Covenants |
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To pay the Reserved Rent punctually on the days and in the manner aforesaid without demand. |
To pay Reserved Rent without demand |
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To pay all charges in respect of water, electricity, sewerage and gas (if applicable) consumed on the Said Premises including sewerage charges (being presently charged by Indah Water Konsortium Sdn Bhd) and all other utilities supplied to the Said Premises according to the meters thereon and all charges for telephone, internet broadband services, ASTRO/Satellite TV (if applicable). |
To pay all utilities, etc. |
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To keep the Said Premises, the fixtures and fittings listed in the Inventory hereto (if any) together with any 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 that may be damaged. |
Tenant’s responsibilities for state of repair |
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Not to carry on or permit or suffer the use of the Said Premises for any other purpose and in particular not to use the Said Premises for any unlawful or immoral purposes, including but not limited to, any act of gambling, abuse of illegal drugs or any activities which may contravene any laws, by-laws, acts, ordinances, enactments or regulations made by the Government, local council or any other authorities. |
Not to use Said Premises for any illegal purposes, etc |
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Not to suffer or permit anything to be in or upon the Said Premises or any part thereof which may or is likely to be a nuisance, annoyance and/or danger to the owners and/or occupiers of adjoining and adjacent property and/or nearby residential units and premises and to indemnify the Landlord in respect of any claims arising therefrom. |
Not to commit nuisance and indemnify the Landlord |
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At all times to keep and maintain furnishings, fixtures, fittings and furniture as described in the Schedule (if any) hereto and decorative items (if any) in good and tenantable repair (damage due to fair wear and tear excepted). |
To keep interior in good repair. |
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Not to make or permit any alteration in the construction or structure of the Said Premises nor to alter, remove or add or injure any of the walls or floors of the Said Premises nor to hack any holes or bore any holes into the ceiling without the prior written consent of the Landlord and restore the same to its original condition upon termination of this Agreement. |
Not to make alterations without Landlord’s prior approval |
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- If any additions or alterations are made to the Said Premises with the written consent of the Landlord the Tenant shall at its own costs and expenses obtain such necessary planning and any other consents or approvals from the competent authorities and accordingly reinstate the said premises to its original condition at the expiration or sooner determination of this tenancy.
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Reinstatement upon expiration or sooner determination of tenancy |
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- Upon receipt of any notice order direction or other document from a competent authority affecting or likely to affect the Said Premises the Tenant shall at his own expense immediately forthwith deliver to the Landlord a copy of such notice order direction or other document.
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Notice from authorities |
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Forthwith to immediately give the Landlord notice in writing of any structural defects in the Said Premises. |
To give notice of structural defects |
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Save in so far as the Landlord is made liable therefore by statute
- Not to hold the Landlord liable for any accident damage or injury caused to the Tenant, his servants, agents, licensees and invitees on the Said Premises which may happen as a result of the negligence improper management breakage or want of repair of any part of the Said Premises or any fittings fixtures furniture and/or equipment therein and to indemnify the Landlord for all damages arising therefrom.
- To indemnify and keep indemnified the Landlord against summonses action proceedings claims and demands costs damages and expenses which may be levied brought or made against him or which he may pay sustain or incur by reason of any act default omission or negligence of the Tenant, his servants, licensees and/or invitees or use of the Said Premises by the Tenant and to fully indemnify the Landlord and the Landlord’s estate against all claims actions and legal proceedings whatsoever made upon the Landlord by any person as a consequence of every breach or non-observance of the Tenant’s covenants herein contained.
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Not to hold Landlord liable & Landlord’s Indemnity |
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To permit the Landlord and/or his duly authorised representatives upon giving seven (7) days’ previous notice in writing at all reasonable times to enter upon and examine the condition of the Said Premises, whereupon the Landlord shall be entitled to serve upon the Tenant a notice in writing specifying therein any repairs necessary to be carried out (fair wear and tear excepted) and requiring the Tenant 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 work or the making of such replacement then it shall be lawful for the Landlord to enter upon the Said Premises and execute such repairs or work or make such replacement and the costs thereof shall be a debt due from the Tenant to the Landlord and be forthwith recoverable by action. Such a debt shall include but not limited to the Landlord’s courier charges, Surveyor’s and/or Engineer’s and/or Architect’s fees and legal costs. Notwithstanding, in case of urgent requirements by the Building Management to inspect the Said Premises for reasons duly satisfied and approved by the Landlord and duly communicated to the Tenant by the Landlord personally, the Tenant agrees to permit entry by the authorized representative(s) of the Building Management at all reasonable times of the day by prior appointment but only for the specific purpose of inspection as stated. |
To permit entry for inspection and do repairs |
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Not at any time during the Term of Tenancy without the consent in writing of the Landlord to assign, sub-let or otherwise part with the possession of the Said Premises or any part thereof or permit or suffer any other person or persons to hold or occupy the same or any part thereof. |
No assignment and subletting |
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Not to do or permit to be done on the Said Premises anything which may or will infringe any of the laws, by-laws or regulations made by the Government or any 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 rate or rates of premium payable thereon may be increased and to repay the Landlord all sums paid by way of an increased premium. |
Not to do acts which will affect Landlord’s insurance |
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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 rate of premium be increased and to repay to the Landlord all sums paid by way of increased premiums and all expenses incurred by him in or about any renewal of such policy or policies rendered necessary by a breach of this covenant and all such payments including courier charges and legal fees shall be a debt due and forthwith recoverable by the Landlord. |
Fire Insurance |
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To be responsible and insure Tenant’s own goods, machinery and/or chattels including all additional furniture, furnishings, equipment, fixtures and fittings brought thereon the Said Premises against loss and damage by fire or theft during the Term of Tenancy. |
Tenant to take own insurance for personal belongings |
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At the expiration or sooner determination of the Term of Tenancy hereby created to peaceably and quietly yield up the Said Premises to the Landlord therein in tenantable repair in accordance with the Tenant’s covenants herein before contained. |
To yield up Said Premises furnishings, fixtures and fittings in good repair |
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Not to store any illegal or contraband goods in the Said Premises nor any goods which may cause damage or danger to the Said Premises. |
Illegal or contraband goods |
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Not to use the Said Premises for any illegal or immoral, religious and/or funeral purposes. |
Illegal, Immoral, religious & funeral activities |
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To take all reasonable precautions to keep the Said Premises free of termites, rodents, vermin, insects, pests and any other animals at the cost of the Tenant. |
Pests Control |
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To absolve and indemnify and keep indemnified the Landlord against all and any claims of loss or damage to the Tenant’s belongings and properties and injuries to the Tenant and/or the Tenant’s guests as a result of any accidents occurring in or upon the Said Premises or any part thereof of the Building including the common facilities. To give to the Landlord and/or the Landlord’s agent notification of any outbreak of fire on the Said Premises and/or any damage or destruction caused by explosion, storm, tempest, flood or aircraft or article dropped there from as soon as possible. |
Landlord not liable |
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THE LANDLORD HEREBY COVENANTS WITH THE TENANT as follows:- |
Landlord’s Covenants |
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To pay the quit rent assessment, service charges, and other outgoings relating to the Said Premises other than those herein agreed to be paid by the Tenant. |
To pay quit rent assessment and service charges |
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At all times through the term of Tenancy to insure and keep insured the Said Premises (except the furniture, equipment, furnishings, fixtures and fittings belonging to the Tenant) against loss and damage by fire or tempest and in case of destruction by fire or tempest to replace or reinstate the same as speedily as possible. |
Fire Insurance |
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To maintain and keep the main structure of the Said Premises that is the roof, main walls, drains, water pipes and electrical wiring 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. |
To ensure all fixtures and fittings are in good working order |
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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 Said Premises without interruption from the Landlord or any persons rightfully claiming through under or in trust for him. |
Quiet enjoyment |
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PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED BETWEEN BOTH PARTIES as follows:- |
Mutual Covenants |
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If at any time the Reserved Rent or any part thereof (whether formally demanded or not) shall remain unpaid or unsatisfied for seven (7) days after becoming payable from the due date as stipulated in Section 6 (b) of the Schedule or if any of the Tenant’s covenants shall not be performed or observed or should the Tenants become insolvent and/or be unable to settle any of their debts if the Tenant shall suffer execution of the Landlord’s rights or any kind of legal executions on the Said Premises or if the Tenant shall become a bankrupt or being a company or corporation shall go into liquidation either voluntarily or compulsorily 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 on his behalf at any time thereafter to forfeit all Security and Utility Deposits and/or to serve a forfeiture notice upon the Tenant pursuant to Section 235 of the National Land Code and if the Tenant fails to remedy the breach within fourteen (14) days of the service of the said forfeiture notice the Landlord or any persons authorised by the Landlord on his behalf shall be at liberty 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. |
Forfeiture & Power of re-entry |
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If the Said Premises or any part thereof at any time during the Term of Tenancy be destroyed or damaged by fire (other than the act or default or negligence of the Tenant, his guest or any servant of the Tenant or any person who is in the Said Premises with his permission whether express or implied) so as to be unfit for occupation and use for a period greater than One (1) month then the rent hereby reserved or a just and fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Said Premises shall again be rendered fit for occupation and use AND 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 Two (2) months from the date of happening of any such event the Tenant shall be at liberty to give to the Landlord One (1) calendar month’s 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 free of any interest but without prejudice to the right of action of the Landlord in respect of any antecedent breach of any covenant or condition herein contained. |
Destruction or damage to Said Premises not due to Tenant’s negligence
Unfit for use for One month
Suspension of Reserved Rental
Termination in event of non-reinstatement after Two months |
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Notwithstanding anything herein contained, the Landlord shall not be liable to the Tenant nor shall the Tenant have any claim against the Landlord in respect thereof:- |
No claims against Landlord |
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- Any interruption in any of the common facilities used and enjoyed in conjunction with the Said Premises occasioned by reason of necessary repair or maintenance of any installations or apparatus or damage thereto or destruction thereof by fire, water, Act of God or cause beyond the control of the Landlord or by reason of mechanical or other defect or breakdown or other inclement conditions or unavoidable shortage of electricity or water telephone service or labour disputes.
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Interruption in services, etc. |
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- Any damage injury or loss arising out of the leakage of the piping, wiring and other systems within the Said Premises.
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Leakage, etc. |
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- Any damage or loss of the goods and chattels of the Tenant as a result of theft, robbery or any other willful and destructive act committed by outsiders beyond the control of the Landlord.
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Damage to Tenant’s belongings, etc |
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This is a FIXED TENANCY. If at any time the Tenant or Tenant’s company unlawfully terminate this Agreement before the expiry (premature termination) to this tenancy during the fixed term as specified in Section 5 (a) of the Schedule the Landlord the aggrieved party shall have the right to claim against the party in breach for the balance of rental for the unexpired period of the Tenancy hereby created and forfeit all Security and Utility Deposits as stipulated in Section 7 & 8 of the Schedule. This tenancy shall cease and be nullified and neither party thereafter shall not have any further claim against each other. If the Landlord initiate the premature termination the Landlord should refund of security and utility deposits to the Tenant under the terms of this Tenancy hereby created provided all the rental and utility been paid up to date. |
Premature Termination |
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Any additional deposit required by SAINS (power) or SYABAS (water) or Indah Water Konsortium (sewerage), from time to time during the continuance of this Tenancy, shall forthwith be paid by the Tenant to the Landlord as additional utility deposit further to the amount as specified in Section 8 of the Schedule. |
Additional Utility deposits |
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In the event the Tenant shall be desirous of taking a tenancy of the Said Premises for a further term, the Tenant shall give the Landlord NOT LESS THAN THREE (3) MONTHS’ WRITTEN NOTICE of the same. If there shall not be at the time of such notice and also at the time of expiry of this Agreement any existing breach or non observance of any of the covenants and conditions herein contained on the part of the Tenant to be observed and performed the Landlord shall consider granting the Tenant a further term of tenancy based on terms and conditions to be agreed by both parties including but not limited to the Reserved Rent and increased Security and Utility Deposit. Notwithstanding, the Landlord reserves the absolute right not to extend the tenancy for another term without any obligation to provide any reason whatsoever but shall give the Tenant NOT LESS THAN ONE (1) MONTHS’ WRITTEN NOTICE of the same.
During the three (3) months immediately preceding the termination of the tenancy 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 or his agents at all reasonable times of the day to view the Said Premises for the purpose of letting the same. |
Renewal of Tenancy
Right to view |
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Without prejudice to Clause 6.1, the Tenant shall pay interest on demand to the Landlord on any monies which are or become due and payable pursuant to the provisions of this Agreement or due upon judgment to the Landlord until such time as all outstanding moneys including interest shall have been paid in full. The rate of interest applicable shall be at the rate of twelve per centum (12%) per annum and such interest shall accrue and be calculated on a daily basis otherwise |
Interest on late payment of Reserved Rent |
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In the event the Landlord shall be desirous of selling, transferring, disposing of or assigning the Said Premises, which is at his absolute discretion to do so, prior to the expiration or the term hereby created, the Landlord hereby covenants undertakes and agrees that such sale, transfer, disposal or assign shall be subject to this tenancy and shall procure the Purchaser or Transferee or Assignee to continue with the terms and conditions of this Agreement in lieu of the Landlord and the Tenant hereby agrees to allow prospective purchasers together with the authorized representative(s) of the Landlord at all reasonable times to enter upon and examine the Said Premises upon reasonable notice given by the Landlord. In the event of sale, the Landlord shall notify the Tenant in writing. |
Sale of Said Premises subject to Tenancy
Permission to view |
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All costs and incidental to the preparation and completion of this Agreement including Stamp Duty shall be borne by the Tenant and each party shall bear their own solicitor’s fees, if any. |
Costs of preparing agreement and Stamp Duty |
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Any notice in writing under the terms and conditions of this Agreement to be sent shall be sufficiently served on the Tenant if left addressed to him on the Said Premises or forwarded to him by registered post to his last known address and any notice to the Landlord shall be sufficiently served if sent by registered post or delivered personally to him at the address herein given and shall be deemed to be sufficiently served at the time when in the ordinary course of post would have been delivered. |
Service of notices |
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No relaxation or forbearance delay or indulgence by the Landlord in enforcing any of the terms and conditions of this Agreement nor the granting of any time by the Landlord shall prejudice affect and/or restrict the rights and powers of the Landlord hereunder. The Landlord shall not be held to have waived any condition herein contained where the Landlord had previously permitted the Tenants to do any act in breach of any condition or stipulation herein. The Landlord shall always have the right to enforce such conditions or stipulations notwithstanding any antecedent breach of the conditions or stipulations permitted by the Landlord. |
Relaxation or forbearance or indulgence of Landlord |
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This Agreement shall be binding upon the successors-in-title and assigns of the Landlord and the successors-in-title, permitted assigns, heirs and personal representatives of the Tenant. |
Successors Bound |
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Knowledge or acquiescence by either party hereto of or in any breach of any of the conditions or covenants herein contained shall not operate as or be deemed to be a waiver of such conditions or covenants or any of them and notwithstanding such knowledge or acquiescence each party hereto shall be entitled to exercise their respective rights under this Agreement and to require strict performance by the other of the terms and conditions herein. |
Knowledge or acquiescence |
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Time whenever mentioned in this Agreement shall be of the essence of this Agreement. |
Time is of the Essence |
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If any or more of the provisions contained in this Agreement shall be deemed invalid unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired. |
Invalidity of Provisions |
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In this Agreement:- |
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Unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided, the expressions “Landlord”, “Tenant” include their respective heirs, successors, personnel representatives and assigns; the singular shall mean and include the plural and vice versa and any gender shall mean and include all other genders, the words “hereof”, “therein”, “hereto”, or “hereunder” and words of similar import wherever used shall refer to this Agreement as a whole and not to any particular clause only; where an act is required to be done by a specified number of days after or from a specified date the period is inclusive of and begins to run from the date so specified where an act is required to be done within a specified date the period is inclusive of and ends on the date so specified; any reference to statutes and regulations made thereunder shall include all amendments which may be enacted from time to time and includes all orders or notices made under or to such statute or regulation and all amendments to that statute or regulations whether by subsequent statue or otherwise and a statue or regulation referred to or incorporating any of its provisions, any enclosure(s) or schedule(s) annexed hereto shall for all purposes hereof form an integral part of this Agreement; where this Agreement is given or executed by two or more persons collectively as one of the parties hereto all agreements covenants guarantees stipulations and undertakings expressed to be made by and on the part of such persons shall be and are binding upon such persons jointly and severally and the bankruptcy or insolvency of any one or more of such persons shall in no way operate to release the other or other or others of his or their respective obligations and liabilities hereunder, the captions and headings to the clauses.
In this Agreement have been inserted to reference only and shall not be deemed to form any part of the context or to effect the interpretation of any of the provisions of this Agreement; words applicable to natural persons include anybody or persons company corporation firm or partnership corporate or unincorporated; the term “year” shall mean a period of 365 days the expression “business day” wherever used in this Agreement means any day on which is not a weekend or a public holidays (listed public holidays), where under or pursuant to this Agreement or anything done hereunder the day on or by which any act matter or thing is to be done is not a business day such act, matter or thing shall be done on the preceding business day; |
Terminology |
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All claims, demands, writs, summons, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses, disbursements and of any nature whatsoever which the Landlord may suffer or incur in connection with any legal action taken against the Tenant with respect to any provisions or clauses in this Agreement, shall be payable, borne or reimbursed to the Landlord by the Tenant on a full indemnity basis. |
Indemnity by Tenant |
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This Agreement
- constitutes the entire agreement and understanding between the parties with respect to the matters dealt with in this agreement;
- supersedes any other agreement letters, correspondence (oral or written or expressed or implied) entered into prior to this Agreement in respect of the matters deal with in this Agreement; and
- was not entered into by the parties in reliance of any agreement, understanding, warranty or of any party not expressly contained or referred to in this Agreement.
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Entire Agreement |
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This Agreement shall be binding upon the personal representatives, heirs, trustees and assignees of the parties hereto |
Binding Agreement |
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The Parties agree that the governing Law of this Agreement shall be the Laws of Malaysia and shall submit to the jurisdiction of the Courts of Malaysia. |
Applicable Law |
| IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written. |
| SIGNED by the below named Landlord
________________________________ |
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| NAME
(NRIC NO.) |
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| SIGNED by the below named Tenant
_______________________________
NAME
(NRIC NO.) |
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