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Tenancy Agreement - No.97, JLN SS2-72, PJ (House and Studio) Commercial
Tenancy Agreement - No.97, JLN SS2-72, PJ (House and Studio) Commercial
Tenancy Agreement - No.97, JLN SS2-72, PJ (House and Studio) Commercial
AN AGREEMENT made the day and year that stated in Schedule A between the party
whose name and address are stated in Schedule B (hereinafter referred to as “the
Landlord/s”) of the one part and the other party whose name and address are stated in
Schedule C (hereinafter referred to as “the Tenant/s”) of the other part.
WHEREAS the Landlord/s is the registered and beneficial owner of the property more
particularly referred to and described in Schedule D (hereinafter referred to as “the
Demised Premises”).
1. The Landlord/s agree to let and the Tenant/s agree to take a tenancy of the
Demised Premises for the fixed term stipulated in Schedule E (“the fixed term”)
at the rent stipulated in Schedule F along with the fixtures and fittings described
in the inventory list annexed hereto subject to the terms and conditions
hereinafter contained.
2. The Tenant/s shall upon the execution of this Agreement pay the Landlord/s the
sum stipulated in Schedule G by way of deposit as security for the due
observance and performance by the Tenant/s 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 shall be refunded by the
Landlord/s to the Tenant/s without interest on the expiry of the tenancy hereby
created less whatever sum or sums of money which may then be found due to
the Landlord/s whether as a result of the breach of any terms and stipulations
herein contained or otherwise in respect of or arising from the tenancy of the
Demised Premises herein.
3. The Tenant/s has inspected and is satisfied with the condition of the Demised
Premises and agreed to take possession of the Demised Premises on an “as is
where is basis” upon the delivery of the vacant possession of the Demised
Premises to the Tenant/s and subject to the payment of the deposits payable by
the Tenant/s in Schedule G.
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Agreement at the Tenant/s own cost and expense and redeliver vacant
possession of the Demised Premises to the Landlord/s.
TENANT/S COVENANTS
a) To pay the rent hereby reserved in advance not later than the seventh
(7th) day of each and every month without any deductions or set-off
whatsoever.
b) To pay to the Landlord/s upon the execution of this Agreement the sum
of Ringgit Malaysia specified in Schedule G as the security rental
deposit and Schedule H as deposit for electricity, water charges, Indah
Water (sewerage) charges and any other utilities incurred during the
tenancy of the said premises. The said sum less such sums as may then
be payable by the Tenant/s under this Agreement shall be refunded
without interest to the Tenant/s on the expiration, determination or
termination in accordance with this Tenancy Agreement. The Tenant/s
expressly agreed that he/she shall pay for all utilities charges incurred as
from the commencement date including and not limited to water,
electricity, Indah Water (sewerage) charges, refuse disposal charge and
security services of the demised premises.
d) To pay for the upkeep of the lawn during the term of the tenancy.
e) To keep the Demised Premises, the flooring and interior plaster or other
surface material or rendering on wall and ceilings and the Landlord/s’
fixtures and fittings thereon including doors, windows, glass shutters,
locks, fastenings, electric wires, installations and electrical fittings for
the light and power and other fixtures and additions therein in good and
tenantable repair, fair wear and tear excepted and clean condition and
shall not dispose of any dirt rubbish rags or other refuse into the sinks,
lavatories cisterns or soil pipes in the demised premises which may
cause blockage or damage to the main sewerage system and to replace or
repair any part of the Demised Premises and the Landlord/s’ fixtures and
fittings therein which shall be broken or damaged due to malicious,
negligent or careless acts or omission of the Tenant/s, its servants,
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agents, invitees or otherwise and further that if any intentional damage is
caused to the Landlord/s or to any person whomsoever directly or
indirectly through the said damage condition of any part of the interior
of the Demised Premises (including floorings, walls, ceilings, doors,
windows and other Landlord/s’ fixtures) the Tenant/s shall be wholly
responsible therefore and shall fully indemnify the Landlord/s against all
claims, demands, actions, and legal proceedings whatsoever made upon
the Landlord/s by any person in respect thereof.
g) To effect and maintain at its own cost expenses throughout the duration
of the Tenancy the following insurance policies with adequate coverage
on the basis of circumstances prevailing at such time and make such
annual upward revision if necessary of the coverage based on the
circumstances then prevailing:
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h) Not to use the Demised Premises for any illegal or unlawful purposes
and not to do or permit to be done upon the Demised Premises anything
that in the opinion of the Landlord/s may constitute a nuisance.
i) Not to use the Demised Premises for any illegal or immoral purposes
including but not limited to any business related to prostitution or night
club or gambling or any other purpose which the Landlord/s shall, at its
absolute discretion, find it objectionable. In the event of such happening,
the Landlord/s shall be at liberty to terminate forthwith this Agreement.
Upon such termination:-
(a) the Security Deposit and the Utility Deposit shall be forfeited by
the Landlord/s;
(b) the Tenant/s shall be liable to pay the Landlord/s, the Rent for the
unexpired term including the term for the option period;
(c) the Tenant/s has breached this Agreement and shall be liable to
pay the Landlord/s for any loss and/or damages envisioned
herein this Agreement resulting from breach thereof.
k) To use the Demised Premises only for the purpose specified in Schedule
I. The Tenant/s shall at the their own cost obtain all necessary approvals
and/or permits and /or licenses to operate the intended use of the
Demised Premises.
l) To comply / obey all guidelines and/or rules and regulations set out by
the relevant authorities. In the event that the Landlord/s is fined and/or
suffered any losses/damages due to the breach by the Tenant/s of any of
the rules/regulations or guidelines, the Tenant/s shall indemnify and
keep the Landlord/s indemnified against the same.
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m) Forthwith to notify the Landlord/s in writing of any notices served by
any competent authority and with all due speed to comply with the terms
of the said notice as are effective.
p) Not to assign, sublet, or part with the actual or legal possession or the
use of the Demised Premises or any part thereof for any term
whatsoever without the prior consent in writing of the Landlord/s.
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t) Not to hold or permit or suffer to be held any sale by auction upon all or
any part of the Demised Premises.
(i) remove all fixtures and fittings belonging to the Tenant and to
deliver vacant possession of the Demised Property to the
Landlord; and
(ii) restore the Demised Premises to its original state and condition
in the state as at the date of this Agreement within fourteen (14)
days from the date of the termination or expiration of this
Tenancy in accordance with this Agreement. In the event that the
Tenant/s fails, refuses or neglects to do so, the Landlord/s may
remove such fixtures and fittings and restore the Demised
Premises as aforesaid. Notwithstanding anything stated herein
this Agreement to the contrary, it is hereby agreed by the
Tenant/s that the costs and expenses incurred by the Landlord/s
for such removal and restoration thereof shall be a debt due and
become payable by the Tenant/s to the Landlord/s and the
Tenant/s shall be deemed to be in continued occupation of the
Demised Premises until the completion of such removal and
restoration and shall be liable to pay the Rent for such period or
periods.
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x) At all times during the term hereby created to comply with all such
requirements as may be imposed on the Tenant/s by any Ordinance or
Act of Parliament now or hereafter in force and any orders, rules,
regulations, requirements and notices there under.
(ii) the Rental Deposit and Utility Deposit paid shall be forfeited by
the Landlord/s; and
(iii) the Tenant/s shall be liable to pay the Landlord/s the Rent for the
unexpired term of the tenancy.
aa) Upon the receipt of any notice order direction or other thing from the
authority acting in accordance with the laws of Malaysia affecting or
likely to affect the Demised Property whether the same shall be served
directly on the Tenant/s, the Tenant/s shall so far as such notice, order
direction or other thing or the ordinance, regulations or other instrument
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under and by virtue of which it is issued or the provisions hereof require
of the Tenant/s to do and by virtue it is issued or the provisions hereof
require the Tenant/s to do so comply therewith at its own expense and
shall forthwith deliver to the Landlord/s a copy of such notice order or
other thing.
bb) Not to block the usage of the walkway, corridor and/or cause nuisance to
any other users and not to do or permit or suffer to be done to the
Demised Premises any act or thing which shall or may be an annoyance,
nuisance, inconvenience or disturbance or cause damage to the
Landlord/s or the occupiers of any adjoining premises.
cc) To clear and/or clean the rubbish on daily basis and to keep the
cleanliness of the Demised Premises and not to deposit any rubbish,
refuse or noxious matter in the Demised Premises or the neighbourhood
or the common property of the Demised Premises.
LANDLORD/S COVENANT
b) At all times throughout the tenancy to insure and keep insured the
Demised Premises from loss or damage by fire and to pay all premiums
necessary for that purpose.
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5. Provided always and it is expressly agreed as follows:
a) If the rent hereby reserved or any part thereof shall at any time be
unpaid for fourteen (14) days after the same shall have become due
(whether formally demanded for or not) or any covenant on the Tenant/s’
part herein contained is not performed or observed perpetually or if the
Tenant/s shall have a receiving order made against him or shall have
made any assignment for the benefit of his creditors or entered into any
agreement or made any agreements with his creditors by composition or
otherwise or suffered any distress or attachment or execution to be
levied against his goods and in any such cases the Landlord/s shall have
the right to enter upon the Demised Premises or any part thereof in the
name of the whole and thereupon the tenancy shall absolutely determine
but without prejudice to the right of action of the Landlord/s in respect
of any antecedent breach of the conditions on the part of the Tenant/s
herein contained. The Tenant and all claiming under him shall thereupon
be deemed to be trespassers and the Landlord/s shall be entitled at any
time and even without an order from the courts thereafter to re-enter
upon the demised premises and take vacant possession of the same and
the landlord is entitled the right to exercise the forfeiture of the rent
security deposit.
b) The Landlord/s shall at the written request of the Tenant/s made not less
than three (3) months before the expiration of the term hereby created
and if there shall not at the time of such request by any existing breach
or non-observance of any of the covenants of the part of the Tenant/s
herein contained to be performed at the Tenant/s’ expense automatically
grant to the Tenant/s a Tenancy of the Demised Premises for a further
term and at such new rental as specified in Schedule J hereof but
otherwise subjects to the same terms and conditions herein contained
save and except this Clause for renewal.
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the fixed term specified in Schedule E and not being due to the Tenant’s
breach of the covenants to the Landlord/s, the security deposit specified
in Schedule G shall be refunded to the Tenant/s less any damage or
repairs payable to the Landlord/s as stated in the conditions before.
Furthermore the Landlord shall give the Tenant three (3) months notice
of such termination in writing and the Landlord shall compensate the
Tenant the sum of money equivalent to the remaining rental sum for all
the unexpired term of this tenancy. After the stipulated two years term
specified in Schedule E, either party may terminate the tenancy by
giving three (3) months notice in writing and the security deposit
specified in Schedule G shall be refunded.
d) Upon the determination of this tenancy and this tenancy shall cease to
have any effect and neither party shall have any claim against each other
save and except for any antecedent breach of the terms, conditions or
covenants herein.
7. Legal fees, stamp duty and other costs incidental to the preparation of this
Agreement shall be borne and paid by the Tenant/s.
8. It is hereby expressly agreed between the Landlord/s and the Tenant/s that the
tenancy of the Demised Premises shall in addition to the terms and conditions
herein be subject to the Special Conditions, if any, set out in Schedule K. In
event of any conflict, discrepancies or variance the special conditions shall
prevail.
9. The Schedule and Special Conditions shall be taken read and construed as part
of this Agreement.
11. Knowledge of or acquiescence by either Party of any breach of any of the terms,
conditions or covenants herein this Agreement contained shall not operate as or
be deemed to be a waiver of such term, condition or covenant and
notwithstanding such knowledge or acquiescence, each Party shall be entitled to
exercise its respective rights under this Agreement and to require strict
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performance by the other of the terms, conditions and covenants herein. No
single or partial exercise of any right power or privilege by any Party shall
preclude any other or further exercise thereof or the exercise of any other right
power or privilege.
12. This Agreement shall be governed by and construed in accordance with the laws
of Malaysia and the parties submit to the jurisdiction of the courts of Malaysia
in all matters arising from or incidental to this Agreement.
13. In the event of any dispute or difference arising out of or under this tenancy
between the parties hereto, the Landlord/s shall at its absolute discretion decide
whether to:-
15. If any provision of this Agreement is or may become under any law, or is found
by any court or administrative body or tribunal of competent jurisdiction to be
illegal, void, invalid, prohibited or unenforceable then :-
(ii) the remaining provisions of this Agreement shall remain in full force and
effect; and
(iii) the parties shall use their respective best efforts to negotiate and agree
upon a substitute provision which is valid and enforceable and achieves
to the furthest extent possible the economic, legal and commercial
objectives of such illegal, void, invalid, prohibited or unenforceable
provision.
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16. The parties hereto recognize and accept that it is impracticable to provide herein
for every contingency that may arise in the course of performance of the terms
and conditions of this Agreement. If by reason of any unforeseen occurrence or
development the operation of this Agreement is likely to cause any inequitable
hardship to any of the parties hereto contrary to the spirit of this Agreement, the
parties hereto will negotiate immediately in good faith with a view to determine
in what manner the terms and condition of this Agreement may be modified in
order to provide in an equitable manner within the spirit of this Agreement and
no waiver of any of the terms and conditions hereof shall be valid unless made
in writing and duly executed by both parties.
17. The SCHEDULE hereto shall be taken read and construed as an essential and
integral part of this Agreement.
18. This Agreement shall be binding upon the successors in title assigns personal
representatives and heirs of the Landlord/s and Tenant/s respectively.
INTERPRETATION
(i) the expressions "the Landlord" and "the Tenant" shall include their
respective successors in title and where two or more persons are
included in any of the aforesaid expressions this Agreement binds such
persons jointly and severally;
(ii) words importing the singular number shall be deemed to include the
plural and vice versa; and
SPECIAL CONDITION
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21. The Parties reserve the right to review this Agreement so as to include any
terms that become necessary by reason of any changes in the law, regulations or
any obligations imposed by the Authorities and such terms shall be mutually
agreed upon by the Landlord/s and the Tenant/s.
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SCHEDULE
(Which is part of this Agreement)
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