Tenancy Agreement

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TENANCY AGREEMENT AN AGREEMENT made on the 3rd day of January 2015 BETWEEN Lim Leng Kwan, (NRIC No. 580102-07-5219), of No.13, Lengkok Sungai Emas 3, Batu Ferringhi,11100 Pulau Pinang. (hereinafter referred to as “The Landlord”) of the one part, AND Lau Jo Ee, (NRIC No. 870723-35-5358), of No. 9 Jalan Denai Pinang, Seri Tanjung Pinang, 10470 Tanjong Tokong, Georgetown, Penang. (hereinafter referred to as “the Tenant”) of the part. WITNESSETH as follow: 1. The Landlord hereby lets and the Tenant hereby takes the whole of the unit which include the ground floor, the top floor and its peripherals at No. 125 Jalan Lembah Permai, 11200 Tanjong Bungah, Pulau Pinang of the premises known as (Premises for rental) (hereinafter referred to as “the demised premises” for a period of Three (3) years from the 12th day of January 2015 until the 11th day of January 2018 (hereinafter referred to as “the tenancy”) at the monthly rental of Ringgit Malaysia Three Thousand Three Hundred Only (RM3,300.00) Such rental shall be paid monthly and every month in advance and the first payment of Ringgit Malaysia Three Thousand Three Hundred Only (RM3,300) to be made on or before the 12th January 2015 and each subsequent monthly payment to be made on the 1st day of each and every succeeding month. 2. The Tenant covenants with the Landlord as follows: I. In addition to the payment under Clause 1 hereof the Tenant shall upon the execution of this Agreement pay the Landlord Three (3) months rental deposit of Ringgit Malaysia - 5-

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agreement, tenancy, rent

Transcript of Tenancy Agreement

Page 1: Tenancy Agreement

TENANCY AGREEMENT

AN AGREEMENT made on the 3rd day of January 2015

BETWEEN

Lim Leng Kwan, (NRIC No. 580102-07-5219), of No.13, Lengkok Sungai Emas 3, Batu Ferringhi,11100 Pulau Pinang. (hereinafter referred to as “The Landlord”) of the one part,

AND

Lau Jo Ee, (NRIC No. 870723-35-5358), of No. 9 Jalan Denai Pinang, Seri Tanjung Pinang, 10470 Tanjong Tokong, Georgetown, Penang. (hereinafter referred to as “the Tenant”) of the part.

WITNESSETH as follow:

1. The Landlord hereby lets and the Tenant hereby takes the whole of the unit which include the ground floor, the top floor and its peripherals at No. 125 Jalan Lembah Permai, 11200 Tanjong Bungah, Pulau Pinang of the premises known as (Premises for rental) (hereinafter referred to as “the demised premises” for a period of Three (3) years from the 12th day of January 2015 until the 11th day of January 2018 (hereinafter referred to as “the tenancy”) at the monthly rental of Ringgit Malaysia Three Thousand Three Hundred Only (RM3,300.00) Such rental shall be paid monthly and every month in advance and the first payment of Ringgit Malaysia Three Thousand Three Hundred Only (RM3,300) to be made on or before the 12th January 2015 and each subsequent monthly payment to be made on the 1st day of each and every succeeding month.

2. The Tenant covenants with the Landlord as follows:

I. In addition to the payment under Clause 1 hereof the Tenant shall upon the execution of this Agreement pay the Landlord Three (3) months rental deposit of Ringgit Malaysia Nine Thousand Nine Hundred only (RM9,900.00) (hereinafter referred to as “ the said deposit” ) (the receipt whereof the Landlord hereby acknowledges) by way of security deposit. If the Tenant shall have paid the said rent and observed the several stipulations herein contained and on its part to be performed and observed up to the termination of the tenancy hereby created then the Landlord will upon the termination of the said tenancy refund to the Tenant the said deposit without interest; However, if the full term of the tenancy agreement (total of 3 years as stipulated in this agreement), is not observed or the tenancy agreement is broken before its expiration, refund of the deposit without interest will be subject to fulfilling the conditions stipulated in this agreement & to clause 4 (v) of giving notice in writing to quit within ninety (90) days. The tenant hereby agrees to forfeit the said deposit of Ringgit

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Malaysia Nine Thousand Nine Hundred only (RM9,900.00) if the abovementioned conditions are not fulfilled.

II. Furthermore, the Tenant agrees to a pay an additional deposit of Ringgit Five Thousand only (RM5,000) to the Landlord as surety to restore to original condition, the renovations & alterations to the building with proper compliance to local regulations imposed by the relevant government authorities as approved & agreed to by the Landlord upon giving proper notice to quit or terminate the tenancy agreement as per Clause No. 4 (V) in this agreement. Failure to comply with the terms & conditions as stipulated in this agreement to restore the renovations & alterations back to their original condition & position within the stipulated time frame of 90 days upon giving proper notice will cause the Tenant to forfeit the deposit. The approved & agreed renovations & alterations include:-

(a) Removing the front stainless steel gate and tearing down the front wall with stainless steel fencing & right hand side (looking out) pillar (leaving intact the pillar with the letter box & adjoining fence).

(b) Tearing down the front wall with main entrance door & window & in its place, installing metal shutters with a small side door.

(c) Tearing down the wall separating the living room & the dining room.

(d) Installing a door for the internal stairway

(e) Erecting an extra stairway in front of the building leading up to the top floor balcony.

III. It is also agreed to all effects & purposes the removed stainless steel gate & stainless steel fencing are the property of the Landlord and that the Tenant shall not dispose of the steel gate & steel fencing which are removed as a result of the above approved & agreed renovations & alterations and shall be re-used & re-installed to their original position & condition upon the termination of the tenancy agreement irrespective of whether the Tenant or the Landlord is the party who initiates action to terminate the agreement in accordance to Clause No. 4 (V) of this agreement. It is also agreed that in doing the above renovations & alterations, all supporting beams which are vital to the safety of the building should not be removed or shifted as they will compromise the safety of the building. In the event any of the supporting beams are affected in anyway & the safety of the building is compromised, the Tenant will have to make good & pay for the total costs of fully restoring them to their original condition & thus, ensuring the continued safety of the building. It is also further agreed that during the process of doing the approved renovations & alterations any of the existing mechanism pertaining to the auto gate including the electrical wiring & cables, external auto gate switch, stainless steel bar upon which the roller wheels of the auto gate run & door bell

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have to be re-installed and preserved and not to be delayed till the point of time when the Tenant moves out.

IV. To Pay the Landlord a sum of Ringgit Malaysia One Thousand Five Hundred Only (RM1,500.00) being deposit for water, indah water and electricity (hereinafter referred to as “the Utility Deposit”). Upon the expiration of this Agreement , the Utilities Deposit shall be refunded to the Tenant without interest provided the Tenant had duly observed and performed the terms and conditions of this covenant failing which the Utilities Deposit will be used to offset any loss or damage suffered in addition to non payment of electricity, water and indah water bills by the Landlord for the Tenant’s non compliance without prejudice to the Landlord’s rights to take action for any shortfall or further loss or damage;

V. If the rent hereby reserved or any part thereof shall at any time remain unpaid for seven (7) days after the same have fallen due (whether formally demanded or not) or if the Tenant shall purport to determine the said term hereby granted at any time before its expiration by effluxion of time the whole of the said deposit (inclusive of the utility deposits) shall be forfeited to the Landlord absolutely but without prejudice to the Landlord’s right to recover damages in respect of any such act or default of the Tenant;

VI. For the avoidance of doubt it is hereby declared that nothing in the foregoing provisions of this sub-clause shall be deemed to give the Tenant the right to determine the said term before its expiration of effluxion of time. In case of any default on the Tenant’s part in performance or observance of any part of the stipulation herein contained (other than a default of the kind mentioned in the immediately preceding sentence of this sub-clause) the said deposit (inclusive of the utility deposits) shall be applied by the Landlord towards the satisfaction of any damages suffered or incurred by the Landlord as a result of such default by the Tenant but nothing in the foregoing provisions of this sub-clause shall be deemed to limit the amount of damages recoverable by the Landlord for any such default by the Tenant;

VII. The said deposit or the forfeiture thereof or any of the provisions of Clause 2(I), (II), (III) and (IV) hereof shall in no way prejudice or affect the rights of the Landlord in respect of any breaches by the Tenant of any of the covenants conditions terms or provisions hereof;

VIII. The respective deposits paid pursuant to Clause 2(I) and 2(II) above shall under no circumstances be treated as rent, set off or treated as payment towards arrears of any payment due from the Tenant to the Landlord and shall be security to be applied by the Landlord in the event of breach by the Tenant of the terms and conditions herein;

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IX. To pay all charges for the supply of water, electricity, telephone, trade refuse (indah water) and all outgoings pertaining to the demised premises or any part thereof which shall not herein specifically be payable by the Landlord; In the event of the relevant authorities raising the amount of required deposit for usage of the utilities, the tenant shall bear the incremental deposit to the relevant authorities. However, The Landlord shall refund without interest the incremental deposit paid by the Tenant upon expiry of the Tenancy Agreement and there is no interest to further extend the rental of the said premises.

X. To pay all charges affecting the demised portion including all necessary deposits to the relevant authorities;

XI. To pay the reserved rent on the day and in the manner aforesaid;

XII. Not to alter the structure or appearance of the demised portion without the Landlord’s consent in writing;

XIII. Not to assign, sublet or part with the possession of the demised portion of any part thereof without the Landlord’s consent in writing;

XIV. To keep the demised portion in tenantable repair and appearance;

XV. On the determination of the said term and at the Tenant’s own expense to restore the demised portion to its original condition and repair any part thereof damaged by the Tenant;

XVI. To pay all insurance premium affecting the demised portion and not to permit to be done on the demised portion anything whereby the insurance of the demised portion may be rendered void including fire insurance and public liability insurance;

XVII. To renovate the demised portion in any manner suitable and with the approval of the necessary architect, structural and electrical engineer and the relevant authorities and also subject to the overall approval of the Landlord with the Tenant bearing all costs incidental to such renovation;

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XVIII. To keep and maintain the demised premises and the garden in such decorative order as the same are now in, fair wear and tear the damage by fire, flood or any inevitable accident act of God only accepted;

XIX. Not to affix paint or otherwise or exhibit or permit to be affixed painted or otherwise exhibited to or upon any part of the demised portion any sign announcement placed poster advertisement nameplate flag and any other thing whatsoever without the approval of the Landlord;

XX. To comply with the provisions for the health safety and welfare of all the persons employed to work in the demised portion laid down by any law in force any rules or regulations there under of Malaysia;

XXI. Not to use or permit to be used the demised premises or any part thereof for any immoral purpose;

XXII. Not to use or permit to be done upon the demised premises anything which may be a nuisance or annoyance to or in any way interfere with the quiet and comfort of the Landlord or occupiers of the same and surrounding neighbours.

XXIII. Not to do or permit to be done anything which will or may infringe or violate any laws or regulations pertaining to the demised premises that may be imposed by any competent authority responsible for any infringement or violation against such laws or regulations and to indemnify the Landlord in respect thereof. In the event of imposition of fines or penalties resulting from the violation of above-said laws or regulations pertaining to the demised premises or acts of the tenant (s) & occupier(s) by any competent authority or authorized body (bodies), they shall be borne by the tenant and its occupiers. The Landlord will not be liable for such fines or penalties.

XXIV. Not to bring or store or permit or suffer to brought or stored on the demised premises arms, ammunitions or unlawful goods, gun powder or other combustible substance or any drugs which have been gazette as harmful or dangerous or hazardous nature save and except that such goods are in opinion of the Tenant essential to the Tenant’s business trade in or use of the demised premises;

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XXV. On the determination of the term hereby created to yield up the demised premises and all fixtures, fastenings, matters, and things thereto belonging to the Landlord in such good and tenantable repair as shall as be in accordance with the covenants of the Tenant hereinbefore contained and with all locks and keys complete. The tenant shall make good and indemnify the Landlord against any damages caused to the demised premises or any part thereof by any installation of the Tenant or his servants or agents;

XXVI. To indemnify the Landlord against any damages, personal injuries or deaths caused by or pertaining to the acts or omissions of the employers, servants, agents or licensees of the Tenant in relation to the use of the demised premises ( including any falling objects which cause bodily harm to passers by);

XXVII. The professional charges of the Landlord’s solicitors for preparing and completing this Agreement and the stamp duty of this Agreement shall be shared equally between the Tenant & the Landlord.

XXVIII. Upon termination or maturity of the Agreement, signboards need to be removed and walls make good in order to get back the deposits;

3. The Landlord hereby covenants with the Tenant as follows:

i. To pay all maintenance fee except as aforesaid in Clause 2 (VII);

ii. II. That upon the Tenant paying the rent hereby reserved and observing and performing the several provisions and stipulations on the Tenant’s part herein contained, the Tenant shall be entitled to peaceably hold and enjoy the Demised Premises during the tenancy without any interruption by the Landlord or any person rightfully claming under or in trust for the Landlord;

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iii. That if the Demised Premises is sold by the Landlord, the Landlord shall ensure that the purchaser observes the terms of this agreement;

4. PROVIDED ALWAYS and it is hereby agreed as follows:

i. .The Landlord may determine this Agreement and re-enter the said demise portion if any portion of the rent hereby reserved is at time in arrears for seven (7) days (whether formally demanded or not) or if the Tenant shall be in the process of being wound-up or enter into any arrangement or composition for the benefit of the Tenant’s creditors or shall suffer any distress or executions to be levied on the Tenant’s property of fail to perform and observe any of the covenants and stipulations on the Tenant’s part to be observed and / or performed.

ii. Notwithstanding anything herein contained the Landlord shall not be liable either to the Tenant or the Tenant’s licensees servants or invitees in the said demised portion or to others who may be permitted to enter or use the said demised portion for accidents happenings or injuries sustained or for the loss or damage to goods or chattels in the said demised portion or any part thereof whether arising from the negligence of the Landlord or that of any servant or agent of the Landlord or otherwise.

iii. It is expressly agreed between both parties that either party shall have the option to renew the tenancy for another year PROVIDED ALWAYS that the party exercising the option notifying the other party in writing one month before the expiration of the tenancy.

iv. .If the option to renew for another year is exercised by either party, it is agreed that save for paragraph 4(III) and this clause, the remaining terms of this agreement remains binding on all parties concerned.

v. Either party may terminate the Agreement by issuing a Notice to Quit, by giving ninety days (90) notice in writing to each other within which all the approved and agreed renovations & alterations stipulated in clause 2(ii) of this agreement must be put back in its original condition before any of the renovations or alterations were made. Failure to do so within the stipulated time of ninety (90) days will cause the deposit of Ringgit Five Thousand (RM5,000) to be forfeited & the Landlord will use the funds to put back the building in its original condition as he so wishes. Any refund to the Tenant will be without interest upon restoring the approved & agreed renovations & alterations as stipulated in Clause No. 2 (ii) back to their original condition & position to the satisfaction of the Landlord.

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vi. .Acceptance of rent hereby reserved by the Landlord shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of a breach by the Tenant of any of its covenants and obligations herein contained.

vii. The Tenant further agrees that if any damages is caused to the Landlord or to any person whomsoever directly or indirectly through any defective or damaged conditions of any part of the interior of the said demised portion by any act or omission on the part of the Tenant, the Tenant shall be wholly responsible therefore and shall make good the same by payment or otherwise and shall be fully indemnify the Landlord against all claims, demands, actions and legal proceedings of whatsoever nature made against the Landlord by any person.

viii. For the purpose of these presents any act default of omission of the agent or servant of the Tenant shall deem to be the act default or omission of the Tenant.

5. Any notice or demand required to be given or made to either party shall be in writing and shall be sufficiently served if the same is sent by registered post to the address herein stated or at last know address in the States of Peninsular Malaysia and shall be deemed to have been received by him or her on the day following the day on which it was posted. (A photocopy and Post Office receipt of posting will serve as proof of posting).

IN WITNESS WHEREOF the parties hereto have hereunto set their hands this 3rd day of January 2015:

SIGNED by ____________________

(Landlord)

Name : Lim Leng Kwan

NRIC : 580102-07-5219

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In the presence of ------------------

(Witness)

Name : Cheng Poh Chin

NRIC : 5788303

SIGNED by ____________________

(Tenant)

Name : Lau Jo Ee

NRIC : 870723-35-5358

In the presence of _______________

(Witness)

Name : Lee Shan Wen

NRIC : 870516-08-5113

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