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whose name and address are stated in Schedule B (hereinafter referred to as THE
LANDLORD which expression where the context so admits shall include his heirs
personal representatives successors in title and assigns) of the one part and the
party whose name and address are stated in Schedule C (hereinafter referred to as
THE TENANT which expression where the context so admits shall include his
heirs personal representatives successors in title and assigns) of the other part.
WHEREAS the landlord is the beneficial owner and registered proprietor more
particular referred to and describe in Schedule D (hereinafter referred to as the
said Premises)
The landlord lets and the tenant takes the said premises for the term
stipulated in Schedule E at the rents stipulated in Schedule F and subject
to the terms and conditions hereinafter contained.
(2)
The tenant shall upon execution of this agreement pay the landlord the sum
stipulated in Schedule G by way of deposit as security for the due
observance and performance by the tenant of the terms and conditions of
this agreement. The said sum shall be maintained at this figure and shall
not be deemed or treated as payment of rent, and the same shall be returned
without interest to the tenant on the expiry of this tenancy less such sums
as may then be due to the landlord.
(3)
(b)
To pay all charges for the supply of water, electricity, sewerage and
management fees for service rendered and payable within the term
stipulated in this agreement in respect of the said premises;
(c)
To keep the interior of the said premises, the door and windows
(including glass) the fittings and fixtures therein in good tenantable
repairs;
(d)
(4)
(e)
(f)
(g)
To yield up the said premises at the end of the tenancy with the said
fixtures and fittings in good and tenantable repair together with all
keys, locks and fastenings. To maintain all keys and locks (post box
included) as it is, any changes made must inform and obtain the
landlords consent;
(h)
(i)
(j)
(k)
To use the said premises only for the purpose specified in Schedule
H;
[l]
Mails addressed to the Landlord, if any, should be kept aside for the
landlords collection;
(m)
To ensure the unit is clean and free from spice & curry cooking odor
upon expiration of tenancy and handing over of the unit to the
landlord. The deposit as stated in Schedule G is refundable upon
fulfillment of this clause, failing which a cleaning fee of RM300.00 will
be deducted from the said deposit;
(n)
(5)
(a)
To pay all quit rent, rates, taxes, assessment and other outgoings
(except as aforesaid) which are or may hereafter be charge or imposed
upon the said premises and payable by the landlord;
(b)
That the tenant paying the rent hereby reserved and observing and
performing the several covenants and stipulation herein on its part
contained shall peacefully hold and enjoy the premises during the
said term without any interruption by the landlord or by any person
rightfully claiming through under or in trust for him;
(c)
To maintain and keep the main structure and roofs of the said
premises in good and tenantable repair and conditions throughout
the term hereby created: PROVIDE ALWAYS THAT where repair under
this covenant become necessary by reason of the negligence or willful
of the tenant then the tenant shall carry out such repair at its own
costs and expenses.
If the said rent or any part hereof shall be unpaid for fourteen (14)
days after the same becoming payable (whether formally demanded or
not) or if any covenants on the tenants part herein contained shall
not be performed or observed then and in every such case it shall be
lawful for the landlord at anytime thereafter to re-enter the said
premises or any part thereof and there upon this tenancy shall
absolutely determine but without prejudice to the right or action of
the landlord in respect of any breach of the tenants covenants herein
contained;
(b)
If the tenant shall unilaterally determine the tenancy before the expiry
of the term hereby created, the rental deposit under the Schedule G
shall be absolutely forfeited to the landlord as liquidated damages but
without prejudice to the right of the landlord to claim for any breach
by the tenant antecedent to such termination provided the tenant
shall at the written request made not less than three (3) months
before the expiration of term hereby created.
(c)
The landlord shall at the written request of the tenant made not less
than three (3) months before the expiration of the terms hereby
created and if there shall not at the time of such request be any
existing breach of non-observance of any covenants on the part of the
tenant herein contained, grant to the tenant a tenancy of the said
premises for a further term and subject to the condition stipulated in
Schedule I;
(d)
If at any time during the lease the said building shall be destroyed or
damaged so as to become unfit for habitation or use by fire, tempest
or other inevitable cause except such fire by the act, or default of the
tenant whereby payment of the monies under any policy of insurance
is refused, then the rent hereby reserved or a fair and just proportion
thereof the damage sustained (to be ascertained in Act, 1952 or any
statutory modification or enactment thereof for the time being) shall
be suspended and cease to be payable until the said building has
been again rendered fit for habitation and use;
(e)
It is hereby expressly agreed between the landlord and the tenant that
the tenancy of the said premises shall in addition to the terms and
conditions herein be subjected to the special conditions, if any, set out
in Schedule J. In the event of any conflict, discrepancies or variance,
the Special Conditions shall prevail.
(f)
(g)
(h)
(i)