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BETWEEN
HARYATI OTHMAN
(The Landlord)
AND
ADD : BLOCK 3-3-08 JALAN PJS 9/1 PANGSAPURI LAGOON PERDANA, BANDAR
SUNWAY 47500 PETALING JAYA SELANGOR
THIS AGREEMENT is made the day and year stated in Section 1 of the First Date &Parties to the
Agreement
Schedule hereto between the party whose name and description are stated in
Section 2 of the First Schedule hereto (hereinafter called the “Landlord") of the
one part and the party whose name and description are stated in Section 3 of the
First Schedule hereto (hereinafter called the “Tenant") of the other part.
WHEREAS:- Recitals:
• The Landlord is the legal and beneficial owner and/or registered Demised Premises
the Demised Premises with one (1) car park but with furnishings, fixtures,
fittings and furniture as described in the Second Schedule (Inventory List)
hereto on an “as is where is basis” and upon the terms and conditions hereinafter
contained.
• The Tenant being a natural person or the Occupant (in the case of the Corporate/Expatriate
Tenant Or Expatriate
Tenant being a Company) is an expatriate(s) currently holding or in the process Occupant
of applying for a valid work permit to work in Malaysia as represented as a true
fact by the Tenant/Occupant herewith without any obligations on the part of the
Landlord to ascertain the same.
• The Landlord hereby lets and the Tenant hereby takes a tenancy of the Agreement to rent
Demised Premises
Demised Premises together with the use and enjoyment of the common
facilities used in conjunction with the Demised Premises TO BE
HELD by the Tenant for the term of tenancy specified in Section 5 of Term of Tenancy
the First Schedule hereto (hereinafter referred to as the “Term of
Tenancy”) from the date specified in Section 6.1 of the First Schedule
hereto (hereinafter referred to as the “Commencement Date”) to the Commencement Date
date specified in Section 6.2 of the First Schedule hereto (hereinafter
Expiry Date
referred to as the “Expiry Date”) at an agreed monthly rental specified
in Section 7 of the First Schedule hereto (hereinafter referred to as the
Reserved Rent
“Reserved Rent”) payable in advance and without demand by the date
of each and subsequent calendar month specified in Section 8 of the
First Schedule hereto and subject to the terms and conditions Date Payable
hereinafter contained.
• The Tenant shall upon execution of this Agreement pay the Landlord Security Deposit
the sum specified in Section 9 of the First Schedule hereto (receipt
whereof the Landlord hereby acknowledges) (hereinafter referred to as
the “Security Deposit”) 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 Security Deposit shall
be maintained at this figure during the Term of Tenancy and shall not
without the previous written consent of the Landlord be deemed to be
or treated as payment of rent or advance rent or used to set off any rent
in arrears and the same shall be returned to the Tenant free of interest
within a period of not more than thirty (30) days from the date of
expiry or sooner determination of the term hereby created less any sum
as may then be due or owing to the Landlord for damage caused to the
Demised Premises by the Tenant (damage due to normal wear and tear
excepted).
• The Tenant shall also upon the execution of this Agreement pay the Utilities Deposit
Landlord the sum specified in Section 10 of the First Schedule hereto
(hereinafter referred to as the “Utilities Deposit”) as deposit towards
water, electricity, gas and sewerage charges. The Utilities Deposit less
any sums as may then be payable by the Tenant (if any) towards such
utilities shall be refunded free of interest to the Tenant on the expiry or
sooner determination of the term hereby created.
• THE TENANT HEREBY COVENANTS WITH THE Tenant’s Covenants
LANDLORD as follows:-
• To pay the Reserved Rent punctually on the days and in the manner To pay Reserved Rent
without demand
aforesaid without demand.
• To pay all charges in respect of water, electricity, sewerage and gas (if To pay all utilities, etc.
applicable) consumed on the Demised Premises including sewerage
charges (being presently charged by Indah Water Konsortium Sdn Bhd)
and all other utilities supplied to the Demised Premises according to
the meters thereon and all charges for telephone, internet broadband
services, ASTRO/Satellite TV (if applicable).
• To use the Demised Premises as a place of private residence. Private Residence only
• To observe and adhere to all the house guidelines, rules and regulations To observe all House Rules
made or to be made from time to time by the Building Management of
the development complex.
• Not to carry on or permit or suffer the use of the Demised Premises for Not to use Demised
Premises for any illegal
any other purpose and in particular not to use the Demised Premises purposes, etc
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 suffer or permit anything to be in or upon the Demised Premises Not to commit nuisance
and indemnify the
or any part thereof which may or is likely to be a nuisance, annoyance Landlord
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.
• At all times to keep and maintain furnishings, fixtures, fittings and To keep interior in good
repair and to service air-
furniture as described in the Second Schedule (Inventory List) hereto conditioning units
and decorative items (if any) in good and tenantable repair (damage due
to fair wear and tear excepted). Tenant should replace and substitute
any consumables, electrical/fluorescent/incandescent/halogen/energy
saving bulbs / tubes / lamps and small light fittings components and the
like at their own costs during the Term of Tenancy.
• Not to make or permit any alteration in the construction or structure of Not to make alterations and
to maintain premises in
the Demised Premises (including doors and windows as well as water present state
filter) nor to alter, remove or add any locks or device nor to cut, alter or
injure any of the walls, timbers or floors of the Demised Premises nor
to hack any holes or drive anything whatsoever into the walls or to
bore any holes into the ceiling without the previous written consent of
the Landlord and if the timber/wood finish of the floor is scratched
and/or damaged, to varnish and restore the same to its original
condition upon termination of this Agreement.
• If any additions or alterations are made to the Demised Reinstatement only upon
Landlord’s Request
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 if so requested by the Landlord but
if no such request is made the Tenant shall not remove any alterations or
additions made to the Demised Premises and shall not be entitled to any
payment from the Landlord.
• Upon receipt of any notice order direction or other document Notice from authorities
• Forthwith to immediately give the Landlord notice in writing of any To give notice of structural
defects
structural defects in the Demised Premises.
• At the expiration or sooner determination of the Term of Tenancy To make good/replace any
lost/damaged items, etc
• Save in so far as the Landlord is made liable therefore by statute Not to hold Landlord liable
&Landlord’s Indemnity
• To permit the Landlord and/or his duly authorised representatives upon To permit entry for
inspection and do repairs
giving seven (7) days' previous notice in writing at all reasonable times
to enter upon and examine the condition of the Demised 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 Demised 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
Demised 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.
• Not at any time during the Term of Tenancy without the consent in No assignment and
subletting
writing of the Landlord to assign, sub-let or otherwise part with the
possession of the Demised Premises or any part thereof or permit or
suffer any other person or persons to hold or occupy the same or any
part thereof.
• Not to do or permit to be done on the Demised Premises anything Not to do acts which will
affect Landlord’s insurance
which may or will infringe any of the laws, by-laws or regulations
made by the Government or any competent authority affecting the
Demised 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 or permit or suffer to be done anything whereby the policy or Fire Insurance
policies of insurance on the Demised 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.
• To be responsible and insure his own valuables and belongings Tenant to take own
insurance for personal
including all additional furnishings fixtures and fittings brought belongings
thereon the Demised Premises against loss and damage by fire or theft
during the Term of Tenancy.
• Not less than two (2) months’ written notice shall be given to the 2 months termination
notice and to allow
Landlord before the termination of the tenancy. During the two (2) viewing
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 Demised Premises for the purpose of letting the same.
• Not to store any illegal or contraband goods in the Demised Premises Illegal or contraband goods
nor any goods which may cause damage or danger to the Demised
Premises.
• Not to use the Demised Premises for any illegal or immoral, religious Illegal, Immoral, religious
&funeral activities
and/or funeral purposes.
• Not to store any goods obstruct litter or in any way make untidy the Obstruction of Common
Areas
common property, including but not limited to the hall entrance lobby
staircases corridors passages or landings leading to the Demised
Premises.
• Not to throw, place or allow to fall or cause or permit to be thrown or Littering at Common Areas
placed in the common property, passages, toilets or other conveniences
in the building where the Demised Premises is located (hereinafter
referred to as the “said Building”) any sweepings, rubbish, rags, waste
paper or other similar substances or anything of an inflammable nature,
and on demand to pay to the Landlord the costs of removing such
things and/or the costs of repairing any damage to common areas,
passages, toilet or other conveniences in the said Building arising from
the breach hereof.
• To take all reasonable precautions to keep the Demised Premises free Pests Control
of rodents, vermin, insects, pests and any other animals (except
termites) at the cost of the Tenant. Termite control should be the
responsibility of the Landlord.
• To absolve and indemnify and keep indemnified the Landlord against Landlord not liable
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 Demised 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 Demised Premises and/or any damage or
destruction caused by explosion, storm, tempest, flood or aircraft or
article dropped there from as soon as possible.
• The Tenant shall be responsible for the locking and securing of the Tenant to secure Premises
doors and windows of the Demised Premises at all times.
• To pay the quit rent assessment, service charges, and other outgoings To pay quit rent assessment
and service charges
relating to the Demised Premises other than those herein agreed to be
paid by the Tenant.
• To insure and keep insured the Demised Premises, furnishings, fixtures Fire Insurance
and fittings belonging to the Landlord against loss and damage by fire
during the Term of Tenancy.
• Upon the Tenant paying the rent hereby reserved and observing and To allow quiet enjoyment
performing the covenants, obligations and stipulations herein on his
part contained, to allow the Tenant to peaceably hold and enjoy the
Demised Premises during this tenancy without any interruption from
the Landlord or any persons rightfully claiming through under or in
trust for the Landlord.
• To ensure that the main structure walls, floors, roofs, drains, electricity To ensure all fixtures and
fittings are in good
system, water system, all fixtures and fittings of the Demised Premises working order
are in good and tenantable repair throughout the term hereby created
PROVIDED ALWAYS that where such repairs under this covenant
shall become necessary by reason of the negligence or careless acts or
omissions or willful default of the Tenant his servants or agents then
the Tenant shall carry out such repair at its own cost and expense. If,
however, it would not be possible to determine whether the repairs
were due to the said negligence or careless acts or omissions or willful
default, then the Landlord shall carry out the required repairs and then
may claim back the cost of the same from the Tenant should the
negligence or careless acts or omissions or willful default be proven at
a later time. 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.
• In the event that the Landlord fails to carry out any repairs to the main Repairs to be done within
14 days
structure walls, floors, roofs, drains, electricity system, water system
and other fixtures and fittings of the Demised Premises within fourteen
(14) days of notice being given by the Tenant and/or the Occupant, the
Tenant and/or Occupant shall be at liberty to undertake the repairs and
thereafter deduct the cost and expense incurred by the Tenant from any
rental owing to the Landlord and/or charge the cost and expense from
the Landlord. All monies due under this provision shall be paid by the
Landlord within seven (7) days upon receipt of the invoice. This
provision shall be always subject to the condition that in respect of
urgent repairs as well as issues of utilities supply, the relevant time
limit shall be twenty four (24) hours’ notice but both parties aware and
agree that such repairs as contained in this provision may be subjected
to the necessary prior inspections and/or approvals being obtained from
the Building Management and/or other competent authorities.
• If the Demised Premises or any part thereof at any time during the Destruction or damage to
Demised Premises
Term of Tenancy be destroyed or damaged by fire, lightning, riot or
any other inevitable cause (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 Demised Premises with his permission whether express or Unfit for use for 14 days
implied) so as to be unfit for occupation and use for a period greater
than fourteen (14) days then the rent hereby reserved or a just and fair
proportion thereof according to the nature and extent of the damage Suspension of Reserved
sustained shall be suspended until the Demised Premises shall again be Rental
rendered fit for habitation and use. If the Demised Premises shall not
be rebuilt or reinstated by the Landlord within one (1) month after the Termination in event of
non-reinstatement after 1
event either the Landlord or the Tenant may at any time thereafter give month
to the other a notice in writing to determine this tenancy and upon such
notice being given the term hereby granted shall absolutely cease and
determine but without prejudice to any right of action of the Landlord
in respect of any antecedent breach of this Agreement by the Tenants.
• Notwithstanding anything herein contained, the Landlord shall not be No claims against
Landlord
liable to the Tenant nor shall the Tenant have any claim against the
Landlord in respect thereof:-
• Any interruption in any of the common facilities used and Interruption in services,
etc.
enjoyed in conjunction with the Demised 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.
• Any damage injury or loss arising out of the leakage of the Leakage, etc.
• Any damage or loss of the goods and chattels of the Tenant as Damage to Tenant’s
belongings, etc
a result of theft, robbery or any other willful and destructive act
committed by outsiders beyond the control of the Landlord.
• In the event that the Tenant or Tenant’s company or the Landlord shall Early Termination
unlawfully terminate this Agreement, before the expiry date (except in
circumstances stated in clause 6.12) 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 other sums
due to the aggrieved party under the terms of this Tenancy hereby
created.
• In the event the Tenant shall be desirous of taking a tenancy of the Renewal of Tenancy
Demised Premises for a further term, the Tenant shall give the
Landlord NOT LESS THAN TWO (2) 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 obligations to
provide any reason whatsoever but shall give the Tenant NOT LESS
THAN TWO (2) MONTHS’ WRITTEN NOTICE of the same.
• Without prejudice to Clause 6.1, the Tenant shall pay interest on Interest on late payment of
Reserved Rent
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 ten per centum (10%) per annum and
such interest shall accrue and be calculated on a daily basis.
• In the event the Landlord shall be desirous of selling, transferring, Sale of Demised Premises
subject to Tenancy
disposing of or assigning the Demised 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
Permission to view
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 Demised Premises upon
reasonable notice given by the Landlord. In the event of sale, the
Landlord shall notify the Tenant in writing.
• All costs and incidental to the preparation and completion of this Costs of preparing
Agreement including Stamp Duty shall be borne by the Tenant. agreement and Stamp Duty
• Any notice in writing under the terms and conditions of this Agreement Service of notices
to be sent shall be sufficiently served on the Tenant if left addressed to
him on the Demised 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.
• The First and Second Schedule (Inventory List) hereto shall be taken Schedule and Inventory
read and construed as an essential part of this Agreement.
• This Agreement shall be binding upon the successors-in-title and Successors Bound
assigns of the Landlord and the successors-in-title, permitted assigns,
heirs and personal representatives of the Tenant.
• Time whenever mentioned in this Agreement shall be of the essence of Time is of the Essence
this Agreement.
• If any or more of the provisions contained in this Agreement shall be Invalidity of Provisions
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.
• In this Agreement:-
• The terms "Landlord" and the "Tenant" shall include their heirs,
personal representatives and successors-in-title;
• Words importing the masculine gender only shall include the feminine
gender; and
• Words importing the singular number shall include the plural number
and vice versa.
IN WITNESS WHEREOF the parties hereto have here onto set their hands the day and year first above
written.
)
SIGNED by the below named Landlord )______________________________________
HARYATI BINTI OTHMAN
in the presence of :-
• Name HARYATI BINTI OTHMAN
• NRIC No: 730914-02-5058
WITNESS
__________________________________
AHMAD SYAFIQ BIN AHMAD RAZALI
in the presence of :-
• Name: AHMAD SYAFIQ AHMAD RAZALI
• NRIC No: 890929-14-5661
FIRST SCHEDULE
SECTION PARTICULARS
1. Date of Agreement
The 1ST day of APRIL 2018
2. Description of Landlord Name: HARYATI OTHMAN
NRIC No.: 730914-02-5058
ADD : 7, JALAN VGITA 1/2 THE VALLEY WEST, HORIZON
HILLS, 79100 ISKANDAR PUTERI JOHOR
4. Description of Demised The Demised Premises known as, Unit No.: 3-3-08 JALAN PJS
Premises 9/1 LAGOON PERDANA BANDAR SUNWAY, SUBANG JAYA
5. Term of Tenancy ONE (1) year
9. Deposit RM1600.00
10. Utility Deposit RM400.00
Monthly rental shall be deposited into the Landlord’s Bank Account as follows:-
SECOND SCHEDULE
Inventory List
Unit No.: