Download as pdf or txt
Download as pdf or txt
You are on page 1of 10

DATED THIS DAY OF 1st Jan, 2023

BETWEEN

1) LANG TA WEN
2) LANG TA LIANG
3) NG JING WEN
……….Landlord

AND

BIKRAMPUR ENTERPRISE
NUR ASHIKIN BINTI ABDULLAH
……….Tenant

***********************************************************************

TENANCY AGREEMENT
***********************************************************************

Premises Address :
All that premises known as NO 27 (GROUND FLOOR),
JALAN SRI BAHAGIA 5,
TAMAN SRI BAHAGIA, TAMPOI,
81200 JOHOR BAHRU,
JOHOR.
AN AGREEMENT is made this day of 1st Jan, 2023 between the party whose name and
address are stated in Schedule A (hereinafter to as “the Landlord”) of the one part and the party
whose name and address are stated in Schedule B (hereinafter referred as “the Tenant”) of the
other part.

AN WHEREAS the Landlord is desirous of letting and the Tenant is desirous of taking
a tenancy of the property more particularly referred to and described in Schedule C (hereinafter
to as “the said Premises”) for the period stipulated in Schedule D at the rent stipulated in
Schedule E and on the terms and conditions hereinafter contained;

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:-

1. In consideration of the sum stipulated in Schedule F paid by the Tenant to the Landlord
by way of a deposit at the time and in the manner stipulated in Schedule F and in
consideration of the rent and the Tenant’s covenants hereinafter reserved and contained
the Landlord hereby grants to the Tenant a tenancy of the said Premises TO HOLD the
said Premises unto the Tenant for the period stipulated in Schedule D the Tenant paying
therefore without any deduction and in advance the monthly rent stipulated in Schedule
E within seven (7) days from the date of commencement of tenancy as stated in Schedule
D.

2. The deposit paid by the Tenant pursuant to Schedule F shall be held by the Land lord as
security for the due observance and performance by the Tenant of the several stipulations
terms and conditions of this agreement and shall not be utilized to set off against any rent
due and payable by the Tenant. The said deposit shall not be taken or treated as payment
towards rental and shall subject to the provisions hereof be refunded to the Tenant free of
interest upon the determination of this tenancy by effluxion of time less such sum or sums
as may be then found due to the Landlord as herein provided. The said deposit shall also
be forfeited in full by the Landlord in the event of the Tenant determining this tenancy
before the expiry of the term hereby created without prejudice to the right of action of the
Landlord in respect of any antecedent breach of the Tenant’s covenants herein contained.

3. The Tenant hereby covenants with the Landlord to the intent that the obligations may
continue throughout the said term as follows –

a. To pay throughout the said terms the said reserved rent within the first seven (7)
days from the date of commencement of the Tenancy as stated in Schedule D in
advance without any deductions whatsoever and without any demand oral or written;
b. The Tenant shall be payable to NG JING WEN (NRIC NO 020620-01-0284) and
shall be remitted into the bank account maintained with Maybank Berhad bearing
Account No 1511 0154 3426.

c. To pay to the suppliers thereof all charges of electricity, water, telephone power
conservancy, sewerage and oxidation ponds charges consumed in or charged in
respect of the said Premises and other outgoing during the said term;

d. At all times throughout the term hereby granted to keep the Tenant’s property in the
said Premises insured against loss or damage by fire or theft or from any other cause
at the Tenant’s cost and expenses;

e. At all times to keep the said Premises and appurtenances thereof including the
flooring and interior plaster or other rendering on wall ceiling of the said Premises
all doors, windows, glass, electric wires, water drain and other pipes and sanitary
and water apparatus in good and substantial repair and condition throughout the said
term (fair wear and tear excepted);

f. To permit the Landlord and their duly authorized agents with or without workmen
at all reasonable times to enter upon and to examine the condition of the said
Premises and thereupon the Landlord may serve upon the Tenant a Notice in writing
specifying any repair necessary to be done and require the Tenant forthwith to
execute the same and if the Tenant shall not within two (2) weeks after service of
such Notice proceed diligently with the execution of such repairs than to permit the
Landlord to enter upon the said Premises and execute such repairs (but the Landlord
shall not be under any legal obligation to do so) and the cost and expenses thereby
incurred shall be repaid to the Landlord by the Tenant within seven (7) days of
written demand being made on the Tenant;

g. To permit the Landlord and their duly authorized agents and workmen and other
appointed by them at all reasonable times (and in case of emergency without Notice)
during the said term to enter into any part of the said Premises for the purpose either
of viewing the condition of the said Premises or of doing such works and things as
may be required for any repairs alterations maintenance rebuilding or improvements
either to the structure or roof of the said Premises first however (unless prevented
by the urgency of the required works or repairs) giving to the Tenant twenty-four
(24) hours notice of their intention so to enter provided that the Landlord shall make
good all damage to the said Premises caused by the carrying out of any works herein
stated;

h. Not to use the said Premises or any part thereof or permit or suffer the same to be
used for any illegal or immoral purpose nor to permit or suffer anything to be done
on the said Premises which may become a nuisance to the neighboring properties;

i. Not to assign sublet underlet or part with the possession of the said Premises or any
part thereof without the consent in writing of the Landlord;
j. To use the said Premises only for the purpose specified in Schedule G. The failure
or inability of the Tenant to obtained a license or approval for their business shall
not be a ground for termination of the tenancy nor shall it be an excuse for the Tenant
not to pay rent;

k. To be responsible for and indemnify the Landlord against all damage occasioned to
the said Premises or any part thereof caused by any act default or negligence of the
Tenant or the servants’ agents licensees or invitees of the Tenant’

l. Not without the previous consent in writing of the Landlord to make any alterations
to the said Premises and upon such consent being given to carry out at the Tenant’s
own expense such alterations partitions or additions to the said Premises subject to
the Tenant obtaining all statutory permission and consent and upon the
determination of the term hereby created if requested by the Landlord to restore the
said premises to its original state and condition at the Tenant’s expenses;

m. At all times during the term hereby created to comply with all such requirements as
may be imposed on the Tenant by any Ordinance or Act of Parliament now or
hereafter in force and any orders, rules, regulations, requirements and notice
thereunder and to indemnify and keep indemnified the Landlord from any costs
actions claims proceedings that may be brought against the Landlord as owner of
the said Premises on account of any breach thereof by the Tenant or their invitees
or servants or agents;

n. To permit the Landlord during two (2) months immediately preceding the
determination of the term hereby created to affix without interference upon any part
of the said Premises a Notice for re-letting the same and during such period to permit
persons with written authority of the Landlord or their agent at reasonable times of
the day to view the said premises;

o. It shall be the Tenant’s responsibility to apply for telephone connection (if required)
to the said Premises;

p. Not to throw dirt rubbish rags or other refuse or permit the same to be thrown into
the sinks, bath lavatories cisterns or waste or soil piper in the said Premises;

q. To yield up the said Premises at the expiration or sooner determination of the term
in good and substantial repair and condition fair wear and tear excepted an din
accordance with the several covenants herein before contained;

r. Not to hack down the party wall on either side of the said Premises;
s. The Tenant hereby agree not to enter any caveat on the title on the land on which
the said Premises is erected;

t. Not to use the said Premises or any part thereof for carrying on any business which
causes the accumulation of dirt, rubbish or debris of any sort in or outside the said
Premises or which causes and unreasonable amount of noise of which in the opinion
of the Landlord is undesirable or unsuitable;

u. Not to use the said Premises as a funeral parlor or the sale of coffin, casket or for
any matters or business relating to funerals and the dead;

v. Not to carry on or allow or permit to be carried on any unlawful game or illegal


betting on the said Premises;

w. The Tenant shall indemnify and keep indemnified the Landlord against all fines,
penalties, damages or compensation, costs, expense caused by the Tenant’s
contravention or non-compliance with any statute, bye-laws, regulations or any
other obligations imposed by the Municipal or Government authorities but not for
fines, penalties, damages or compensation arisen as a result of the Landlord act or
omission respecting the said demised Premises;

x. To indemnify the Landlord against all costs claims expenses demands and charges
howsoever arising out of or in connection with this Tenancy Agreement.

4. THE LANDLORD HEREBY COVENANTS WITH TENANT AS FOLLOWS:-

a. That the Tenant paying the rents hereby reserved and observing and performing the
several stipulations and covenants herein contained shall peaceably hold and enjoy
the said Premises throughout the said term without any interruption by the Landlord;

b. To pay all quit rent assessments including education rate or other impositions of
like nature by whatsoever name called imposed on the said Premises; and

c. The Landlord shall keep the said Premises insured against fire or damage by fire
and all other risks which the Landlord thinks suitable throughout the duration of the
tenancy. However in the event that there is extra loading on the premium owing to
the user of the said Premises by the Tenant then such extra premium shall be borne
by the Tenant to be paid within one (1) week from receipt of demand from the
Landlord supported by documentary evidence.
5. PROVIDED ALWAYS AND IT IS HEREBY AGREED AS FOLLOWS:

a. If the rent hereby reserved or any part thereof shall at any time be in arrears and
unpaid for fourteen (14) days after the same shall have become due and payable
(whether formally demanded or not) or if any covenant or condition on the part of
the Tenant herein contained shall not be performed or observed and notice is served
to the Tenant to rectify the breach complaint within 30 days from the date of service
of such notice or if the Tenant shall become the subject of bankruptcy proceedings
or suffer execution or distress to be levied on their goods then and in every of such
case it shall be lawful for the Landlord at any time thereafter and notwithstanding
the waiver of any previous right or re-entry to re-enter into and upon the said
Premises or any part thereof in the name of the whole and thereupon the tenancy
hereby granted shall absolutely cease and determine but without prejudice to any
right of action of the Landlord in respect of any breach of the Tenant’s covenant
herein contained. Upon the happening of this event the Landlord in addition to all
his rights herein contained shall be entitled to forfeit the deposit stipulated in
Schedule F.

b. The Landlord before proceeding to enforce by action or otherwise any right or


alleged right of re-entry of forfeiture under any provision or stipulation herein
contained (save and except for non payment of payment of rental for which no
demand oral or written shall be necessary) shall serve upon the Tenant a written
notice requiring the Tenant to remedy the breach complained of within thirty (30)
days from date of being served with the Notice.

c. Any notice to be served by either of the part hereto the other under the provisions
of this agreement shall be in writing and shall be deemed to be sufficiently served:

i. If it is sent by one party or his solicitors by registered post addressed to the


party to be served at their address herein mentioned. Any notice so sent shall
be deemed to have been received at the time when such registered letter would
in the ordinary course be delivered notwithstanding anything to the contrary;
and

ii. If it given by that party or his solicitors and left at the address of the other party
stated herein.

d. The giving of time to the Tenant in respect of payment of rents herein reserved or
the neglect or forbearance of the Landlord in enforcing any of their rights herein
contained shall not in any way prejudice affect or release the Tenant from any of
this covenants herein contained nor shall it affect or prejudice any of the Landlord’s
rights herein contained;
e. The solicitor’s costs and other disbursements for preparation of this Agreement shall
be apportioned between the Landlord and Tenant;

6. In the event that the said Premises or any part thereof at any time during the term hereby
granted being damaged or destroyed by fire so as to render the said Premises unfit for use
or access thereto impossible or hazardous then (save and except where such fire has been
caused by any act, default or negligence of the Tenant or it’s agents or any of their
respective employees) the rent hereby reserved or a fair proportion thereof according to
the nature and extent of the damage sustained shall be suspended from the date of the
happening of the event until the said Premises shall again be rendered fit for occupation
and use or until access thereto may be obtained safely as the case may be and any dispute
concerning this section shall be determined by a single arbitrator in case the parties hereto
shall agree or failing which by two (2) arbitrators one (1) of whom is to be appointed by
each party hereto and in either case in accordance with the provisions of the Arbitration
Act,1952 (revised 1972) or any statutory amendment or re-enactment thereof for the time
being in force provided always that nothing in this section shall render it obligatory on
the part of the Landlord to restore reinstate or rebuild the said Premises or any part thereof
if the Landlord in it’s absolute discretion is not desirous to do so in which event and
notwithstanding anything to the contrary herein this instrument contained the Landlord
shall be entitled to terminate the term hereby granted by thirty (30) days notice in writing
to the Tenant and upon such termination the Tenant shall peaceably surrender leave and
yield up possession of the said Premises to the Landlord and none of the parties hereto
shall have any claim whatsoever against the other save and except in respect of any
antecedent breach.

7. No failure to exercise nor and delay in the exercise on the part of the Landlord of any
right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial
exercise thereof or the exercise of any right or remedy. The right and remedies herein
conferred upon the Landlord are cumulative and not exclusive of any other right or
remedies provided by law or in equity.

8. The Tenant shall be wholly responsible for any damage caused to the Landlord or to any
person whosoever directly or indirectly through any defective or damaged condition of
any part of the interior of the said Premises or of any vehicle machinery plant equipment
or effects whatsoever therein by the act or omission of the Tenant and to save harmless
and indemnify the Landlord against any claims demands actions proceedings prosecutions
loss damages, fines, penalties costs and expenses which may be made or instituted by any
person or authority against or otherwise incurred or suffered by the Landlord in respect
thereof.

9. For the purpose of these presents any acts default omission of the agents or servants of
the Tenant shall deemed to be the act default or omission of the Tenant.

10. Acceptance of rent or interest 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 the Tenant’s obligation thereunder and any indulgence
given by the Landlord shall not constitute a waiver of or prejudice the Landlord’s right
herein contained.

11. Any legal costs, disbursement and other expenses incurred by the Landlord for recovery
of rental by way of distress or any other form of legal action (including costs for notices)
and all legal costs and disbursement incurred by the Landlord in recovery possession of
the said Premises shall be borne by the Tenant absolutely on a solicitors and clients basis.

12. In the event there is to be any subsequent variation of this agreement the same has to be
reduced in writing and signed by both parties before becoming effective.

13. This agreement, the Schedule and the plan annexed hereto (if any) shall constitute the
entire agreement and understanding between the parties.

14. The Schedule and special Conditions shall be took read and construed as part of this
Agreement.

15. THIS AGREEMENT and the provisions hereof shall be binding on the heir’s executors
and administrators of the Landlord and of the Tenant.
IN WITNESS WHEREOF the hands of the Landlord and of the above mentioned Tenant
the day and year first above written.

SIGNED by the above named Landlord ]


]
]
]
] (LANG TA WEN)
] (NRIC No: 800129-01-5533)
]
]
]
]
] (LANG TA LIANG)
] (NRIC No: 850915-01-5077)
]
]
]
]
] (NG JING WEN)
] (NRIC No: 020620-01-0284)

SIGNED by the above named Tenant ]


]
]
]
] (NUR ASHIKIN BINTI
] ABDULLAH)
] (NRIC No: 891130-01-6070)
SCHEDULE
(which is part of this Agreement)
SCHEDULE ITEM PARTICULARS
1) LANG TA WEN (NRIC No: 800129-01-5533)
2) LANG TA LIANG (NRIC No: 850915-01-5077)
Name and
3) NG JING WEN (f) (NRIC No: 020620-01-0284)
A address of the
Landlord
all of No. 972, Jalan Teratai 36/16, Taman Indahpura, 81000
Kulaijaya, Johor

BIKRAMPUR ENTERPRISE
Name and NUR ASHIKIN BINTI ABDULLAH
B address of the (NRIC No: 891130-01-6070)
Tenant
of No 15, Jalan Bukit Kempas 4/10 Taman Bukit Kempas
81200 Johor Bahru, Johor.

All that premises known as NO 27 (GROUND FLOOR),


Description of the
C JALAN SRI BAHAGIA 5, TAMAN SRI BAHAGIA, TAMPOI,
said Premises
81200 JOHOR BAHRU, JOHOR.
The Tenancy shall be for a period of Three (3) years
Term of the
D commencing from 1st February 2023 and terminating on
Tenancy
31th January 2026
Ringgit Malaysia Two Thousand Five Hundred (RM 2500-
E Rental
00) only
Ringgit Malaysia Five Thousand
F Deposit
(RM 5000-00) only
Use of the said
G To be used as telecommunication business purpose
Premises
The Tenant shall place with the Landlord a sum of RM1250-
00 as a deposit of electricity charges and water charges.
The said deposit will be refunded to the Tenant upon the
H Special Conditions
expiry of the Tenancy subject to all charges for electricity and
water supplied to the said Premises have been fully paid by
tenant.
All legal fees stamp duty and other expenses incurred in
Tenancy
I respect of this Agreement shall be borne and paid by the
Agreement Cost
tenant.
Upon the expiration of the term hereby created and subject to
the Tenant having observed all the terms and conditions of
this agreement and the Tenant not being in breach of any of
the terms hereof the Tenant shall have the option to be
exercised in writing and served on the Landlord not less than
one (1) month before the expiry of the term hereby created to
extend the term for a further period of one (1) year only on
H Option
the same terms and conditions herein contained save and
except for this Clause renewal and for the rent to be paid
which shall be the current market rent prevailing at the date
of commencement of the renewed term. In the event that the
rental is higher or lower than the rent hereby reserved the
increase or decrease in rental should be not more or less
than 20% of the rent hereby reserved.

You might also like