Professional Documents
Culture Documents
THIS AGREEMENT is made the day and the year stated in Part One of the First
Schedule annexed hereto (which said schedule shall hereinafter be referred to as
“the Schedule”) BETWEEN the party whose name and address appear in part Two of
the First Schedule (hereinafter called “the Landlord) of the one part AND the party
whose name and address appear in Part Three of the First Schedule (hereinafter
called “the Tenant”) of the other part.
WHEREAS
1. The Landlord is the beneficial owner of all that land and building more
particularly described in part Four of the First Schedule (which said land and
building is hereinafter referred to as “the demise premises”).
2. The landlord has now agreed to grant the Tenant and the Tenant has agreed
to accept a tenancy of the demised premises for the consideration and upon
the terms and upon the terms and subject to the stipulations and covenants
hereinafter set forth and contained.
TENANCY TERM
1. The Landlord hereby grants and the Tenant hereby accepts a tenancy of the
said demised premises for the term stated in Part Five of the First Schedule
and with effect from the day and the year set out in Part Six of the First
Schedule and expiration on the day and the year stipulated in Part Seven of
the First Schedule and with an option to renew (if any) as refer to "Tenancy
Term"& "Option For Further Term" clause at the monthly rental and payable
in the manner stipulated in Part Eight of the First Schedule (which said rental
is hereinafter referred to as “the Reserved rent”) and in the event of default
the Tenant shall pay to the Landlord overdue interest calculated at six
percent (6%) per annum calculated daily from the due date up to the date of
actual payment without prejudice to the Landlord’s other right as provided in
Clause 4 herein.
(a) To pay the reserved Rent within 15th day of each and every succeeding
month.
SECURITY DEPOSIT
(b) The Tenant shall upon the execution of this Agreement and as security
towards the due observance compliance and performance of and with
the Tenant’s convenience herein contained deposit with the Landlord
the sum stipulated in Part Nine of the First Schedule (hereinafter
1
referred to as “the said deposit”) which said deposit shall after
deducting there from such monies as may be found to be owing or
payable by the Tenant by virtue of the provisions herein contained be
refunded to the Tenant free of interest at the expiration of this tenancy
or any renewal hereof. The said deposit shall under no circumstances
be used or applied by the tenant to offset any Reserved rent
outstanding except with the consent in writing of the landlord.
OUTGOING PAYMENT
(c) To pay all water, electricity, gas, telephone bills and security guard
what so ever which are or may now or at any time hereinafter during
the said term be imposed or charged upon or in respect of the said
demised Premises or any part thereof.
(d) To use and occupy of the Demised Premises for the sole purpose as
stated in part ten of the schedule hereto and same is not permitted to
be used for any purposes to conduct or perform any funeral or death
rites or ceremonies.
(e) To permit the landlord and or his agents and others at the reasonable
times upon prior written notice to the Tenant to enter and examine the
condition of the said demised premises. and the Landlord’s fixtures and
fittings referred to below and thereupon the Landlord may serve upon
the Tenant notice in writing specifying any repair necessary to be
executed and for which the Tenant is liable under the terms of if this
Agreement and to require the Tenant forthwith to execute the same
and if the Tenant shall fail within fourteen (14) days from the date of
receipt of such notice to proceed diligently with the execution of such
repairs then the whole costs and expenses thereof shall be borne by
the Tenant and same be a debt due from the Tenant to Landlord if
same is not settled by the Tenant and shall be forthwith recoverable
by action or by appropriate deduction of the said deposit PROVIDED
ALWAYS that the Tenant is entitle to observe the execution of the
such works carried out at the Demised Premises.
UPKEEP OF DEMISED PREMISES
(f) To keep the said demised premises and the interior thereof including
the flooring and interior plaster or other surface materials or rendering
on wall and ceiling and the landlord fixtures thereon including doors,
window, glass shutters, locks fastening, electric wires installations and
fitting or electricity supply and other goods therein including the items
specifically attached here to if any (which items so set out are
hereinafter referred to as “the inventory items”) in good and
2
tenantable repair and condition (reasonable wear and tear and damage
by fire, storm, tempest, Act of God, riot and civil commotion excepted).
NUISANCE
(i) Not to sublet, assign or part with the legal or actual possession of the
demised premises or any part thereof to any person whomsoever or to
any corporations whatsoever except with the prior consent in writing
of the Landlord first had been obtained.
TO YIELD PREMISES
INDEMNITY OF LANDLORD
(l) To save harmless and keep indemnified the Landlord from any against
all proceeding, claims, damages expenses and costs on accounts of any
act or omission by the Tenant, their agents or servants of any breach
or any covenants herein.
INSURANCE POLICY
3
(m) Not to do or permit to be done anything whereby the policy or policies
of insurance on the Demised Premises and the Landlord’s fixtures and
fitting against damage by fire or other risks for the time being
subsisting may be rendered void or voidable or that the current rate of
premium be increased and if the Tenant is in breach of this clause to
make good all whatever damages suffered by the Landlord and also to
repay to the Landlord on demand all sums of monies paid by reason of
the increased premium and all others expenses incurred by the
landlord to secure the renewal of such policy or policies terminated or
suspended or without prejudice to other right of the Landlord.
OUTGOING PAYMENT
(a) To pay all existing quit rent, rates, taxes, assessments, Indah Water,
Maintenance/ Service charges imposed on and payable in respect of
the said demised premises other than those here in before agreed to
be paid by the Tenant.
INSURANCE
(b) To insure and keep insure the Demised Premises during the term
hereby created against loss or damage by fire to its full insurable
value and which shall not include any of the Tenant’s belonging
fixtures and fittings and or equipment.
MAINTENANCE BY LANDLORD
(c) To maintain and keep the main external structure walls and floor of the
Building of the Demised Premises in good and tenantable repair
condition throughout the tenancy term hereby created PROVIDED
ALWAYS that where repairs under this covenant shall become
necessary by reason of the negligence or willful default of the Tenant,
then the Tenant shall carry out such repair at his own costs and
expense.
(d) The Tenant upon paying the Monthly Rent hereby reserved and
observing and performing the covenants and stipulations herein
contained the Landlord shall ensure that the Tenant be entitled to
peaceably hold and enjoy the Demised Premises throughout the
tenancy term without any interruption by the Landlord or any person
rightfully claiming under or in trust for him.
4. Not with standing any provisions to the contrary in this Agreement contained the
Tenant shall:-
4
(a) If the Tenant fail to pay the Reserved Rent or any part thereof within
Seven (7) days after the same becomes due and payable (whether
formally demanded or not) or if any covenant or stipulation on the
Tenant’s part herein contained shall not be performed or observed or
is breached or the Tenant shall enter into liquidation whether voluntary
or compulsory (save and except for the purpose of amalgamation or
reconstruction) or the Tenant shall suffer any distress or attachment
or execution levied against his goods by any third party then and in
every such case it shall be lawful for the Landlord at any time herein
to re-enter without notice to the Tenant upon the Demised Premises
or any part thereof and thereupon this Agreement shall absolutely be
terminated with the Security Deposit paid hereunder forfeited in favor
of the Landlord absolutely but without prejudice to the right of action
of the Landlord in respect of any antecedent breach of the Tenant’s
terms and conditions herein contained.
(c) If the Demised Premises or any part thereof shall at any time during
the continuance of this Agreement be destroyed or damaged by fire or
other risks against which the Landlord shall have insured so as render
the Demised Premises unfit for occupation and use for a period greater
that fourteen (14) days then (unless the insurance money shall be
wholly or partially unrecoverable by reason of default or breach of or
by the Tenant of the terms and conditions herein contained) the
Monthly Rent hereby reserved or a fair proportion thereof according to
the nature and extent of the damage sustained shall be suspended for
the period until the Demised Premises shall again be rendered fit for
occupation and use provided that the cause of fire is not by reason of
the fault or neglect of the tenant and any dispute with reference to this
proviso shall be determined by an Arbitrator which shall be appointed
by the parties hereto if they shall agree upon one otherwise by
Arbitrators one to be appointed by each party in either case in
accordance with or subject to the provisions of The Arbitration Act,
1952 or any statutory modification or re-enactment thereof the time
being in force whose decision shall be binding on the parties hereto.
5
5. OPTION FOR FURTHER TERM
If the Tenant shall be desirous of taking a tenancy of this said demised premises
for the further term stipulated in Part Eleven of the Schedule from the expiration
of the term hereby granted subject to the new terms and conditions; then he shall
not less than two (2) months before expiry of the Tenancy hereby created serve
on the Landlord a notice in writing of such his desire and if he shall have paid the
Reserved Rent and observed and performed the covenants and stipulation
herein contained and on his part to be observed and performed up to the
expiration of the Tenancy hereby created then the Landlord shall let the said
demised premises to the tenant for the further period.
6. NOTICE
7. TIME
8. STAMP DUTY
The legal fees stamp duty payable for this Agreement and other incidental
expenses in connection therewith shall be solely borne by the Tenant.
The parties hereto expressly covenants and agree with each other that in
addition to the terms and conditions herein appearing the Tenancy hereby is
further subject to the Special Condition (if any) set out in the Second Schedule
annexed hereto.
10. SCHEDULES
The Schedule, List of Inventories and Annexure hereto if any set out in this
agreement annexed and attached shall form part of and be taken read and
construed as an essential and integral part of this Agreement.
11. KNOWLEDGE
6
the Landlord shall not be effective or be relied upon by the Tenant unless the
consent or permission is reduced in writing and signed by the Landlord.
In this agreement where the context so admits the following expressions shall
have the following meanings, and neuter genders;
This Agreement shall be binding upon the heirs and personal representatives and the
successors in title and permitted assigns of the parties hereto.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first
above written.
7
(which is to be taken, read and construed as anessential and integral part of this
Agreement)
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
4. DESCRIPTION OF THE
DEMISED PREMISES Blok F-B-6, Apartment Seremban Putra,
Jalan Sikamat, 70400 Seremban,
Negeri Sembilan
_________________________________________________________________________________
5. DURATION OF TENANCY
AND OPTIONAL TERM Two (2) + One (1) Year (Optional)
_________________________________________________________________________________
8
Payable Monthly On or before 7 th day each
and every succeeding month.
_________________________________________________________________________________
9. DEPOSIT
(i) Security Deposit RM 400 (Ringgit Malaysia Four Hundred
Only) (Refundable)
(2 Months)
_________________________________________________________________________________
_________________________________________________________________________________
9
THE SECOND SCHEDULE
(which is to be taken, read and construed as an essential and integral part of this
Agreement)
1. The Landlord hereby grant an option to the Tenant to renew the Tenancy for
another term of One (1) Year on expiry of the terms of Tenancy herein upon
the same terms and conditions except that the monthly rental shall be re-
negotiated and mutually agreed Provided Always that the increment of the
monthly rental shall be 10% from the existing Monthly Rent or according to
market value, subject to negotiation and upon mutual agreement and Provided
that the Tenant shall exercise the option to renew by giving the Landlord a
notice in writing at least Two (2) months ( Note : to be same as Clause 5 of
the TA) before the expiry of the term of Tenancy herein and the Tenant shall
not be in breach of any of the terms of this Agreement.
2. The Landlord shall hand the keys to the Demised Premises over to the
Tenant upon execution of this Agreement and the Tenant shall be allowed to
commence renovation and or all necessary works on the Demised Premises.
3. The Tenant shall bear all the incidental costs in respect of this Agreement
and the stamp duty payable thereon
4. It is hereby agreed that the Tenant may terminate this Tenancy by giving
Two (2) month notice in writing to the Landlord.
5. In the event the Tenant terminates this Tenancy without giving the aforesaid
Two (2) month notice in writing or abandons the Demised Premises then in
such event the Landlord shall be entitled to forfeit the security and utilities
deposit in addition to and without prejudice to the Landlord's other rights and
remedies herein provided in this Tenancy or by operation of law.
10
*********************************************************************************
TENANCY AGREEMENT
*********************************************************************************
BETWEEN
AND
11
La Moda Tailor
(TENANT)
12