B.

PRECEDENTS — RESIDENTIAL LEASES

1. Basic Leases and Agreements

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TENANCY AGREEMENT FOR A PERIODIC TENANCY

[470.153]

THIS AGREEMENT is made on the ______ day of ______ 20______

BETWEEN

(1) (Name of landlord) [of (address) or whose registered office is at (address)] (‘the Landlord’);

AND

(2) (Name of tenant) of (address).(‘the Tenant’).

NOW IT IS AGREED as follows:

1 Definitions

In this Agreement:

1.1 ‘the Tenancy’ means the tenancy created by this Agreement;

1.2 ‘the Premises’ means the [house or flat or as the case may be] and premises known as (postal address)
[described in the [First] Schedule];

1.3 [‘the Furniture’ means the fittings, furniture and effects set out in the inventory annexed to this Agreement
[(which states both the individual items and their present condition)] which has been agreed and signed by
the Parties];

1.4 ‘the Rent’1 means (insert details) [until review and after review a sum ascertained in accordance with the
[Second] Schedule].

(State any other definitions as required)

2 Letting

The Landlord lets and the Tenant takes the Premises on a (insert period of tenancy) tenancy2 [from or commencing
on] (date) [TOGETHER with the rights set out in the [Third] Schedule] [and] [SUBJECT to the exceptions and
reservations set out in the [Fourth] Schedule] [and] [TOGETHER with the Furniture].

3 Consideration

The Tenant agrees to pay to the Landlord:

3.1 the Rent in [advance or arrear] on (insert days for payment) commencing on (date); and

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 3.2 [additional rent in respect of any water or other rates levied on the Premises and borne by the Landlord],

[and the rent shall be paid to (name and address of the landlord’s agent) or such other person as the Landlord may
notify to the Tenant in writing from time to time].

4 Tenant’s Agreements

The Tenant agrees with the Landlord:

4.1 to pay the Rent at the times and in the manner provided by this [Lease or Agreement] [and all the water
and sewerage charges [and any rates] levied on the Premises and borne by the Landlord] [and not to
exercise or seek to exercise any right or claim to withhold rent or any right or claim to legal or equitable
set off];

4.2 to pay council tax and all other rates, taxes, assessments, duties, charges, impositions and outgoings which
during the Tenancy are charged assessed or imposed upon or in respect of the Premises;

4.3 to use the Premises in a tenant-like manner and in particular:

(a) to keep all parts of the Premises [and all walls, sewers, drains, pipes, cables, wires and
appurtenances belonging to the Premises] [and all landlord’s installations in the Premises] in
good and tenantable repair [and proper working order] [fair wear and tear and damage by
accidental fire] [and repairs for which the Landlord is made responsible by this Lease or
Agreement] [excepted];

(b) to paint with [(state number) coats of good [oil] paint or paint of a suitable quality] in a
workmanlike manner all the wood, iron and other parts of the Premises [previously or usually] so
painted as often as may be necessary [and in the last year of the Tenancy] and on the occasion of
every internal painting to seal or paint with emulsion paint all such parts as have previously been
so dealt with and to repaper the parts usually papered with suitable paper of as good quality as
that in use at the commencement of the Tenancy [and to treat with [creosote or wood
preservative or as the case may be] all woodwork fences and gates which have previously been
or should be so treated];3
(c) to keep the Furniture in good repair and make good any articles which may be damaged
[otherwise than by reasonable use and wear];

(d) not to deface the Premises or permit or suffer them to be defaced internally or externally;

(e) [to keep the drains and pipes within or serving the Premises free from obstruction and the
lavatories [and cesspool or septic tank]] properly [emptied and] cleaned;

or

to keep all roofs and gutters of the buildings on the Premises free from leaves, plants and dirt and
to keep all the drains, sinks, sewers and soakaways belonging to the Premises in good working
order and condition;

or

to keep all electrical and other working apparatus in good working order [except permanently
connected installations which are the responsibility of the Landlord under Clause (state
number)];

or

to test the smoke detector on the Premises at least once a week and keep such smoke detector in
good working order and to replace any batteries as and when necessary];

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(f) to inspect the Premises [and the Furniture] regularly for any defect or disrepair for which the
Landlord is responsible and to report to the Landlord in writing as soon as possible any disrepair
or defect for which the Landlord is responsible [in the structure or exterior of the Premises or in
any installation in the Premises];

(g) to permit the Landlord [the Superior Landlord] and [his or their respective] duly authorised
valuer or agent upon giving (state length of notice) previous written notice (except in case of
emergency) to enter the Premises [twice a year] at all reasonable times with all necessary
workmen and appliances:

(i) to inspect the state of repair and decoration of the Premises or any part of them;

(ii) to inspect the Premises and the furniture;

(iii) to carry out in the Premises all necessary repairs and decorations;

(iv) to carry out any repairs or alterations which may be necessary during the Tenancy
pursuant to the Landlord’s repairing obligations;

(v) to carry out any repairs, alterations or improvements to the Premises or the electric
wiring, gas or water pipes or drains in or under the Premises;

(vi) to execute repairs or painting on the Premises under the Tenant’s covenant to do so
contained in this Lease or Agreement;

(vii) to execute all work necessary for remedying any breach by the Tenant of any covenant
contained in this Lease or Agreement regarding repair, maintenance or decoration;

(viii) to paint the outside of the Premises or the Building;

(ix) to make inventories of all fixtures4 on the Premises;

(x) to take particulars of any additions and improvements to the Premises and the fixtures
and fittings in the Premises;

(xi) to repair any part of the Building;

(xii) to repair the roofs outside walls or spouting of the buildings on the Premises;

(xiii) to execute repairs and alterations to any adjoining premises now or during the Tenancy
belonging to the Landlord [or to the Superior Landlord];

(xiv) to carry out in the Premises or from the Premises any repairs, additions or other works
to the Premises or the Building which may appear to the Landlord [or to the Superior
Landlord] to be necessary or desirable;

(xv) to make, repair, maintain, rebuild, clean, light and keep in good order and condition any
sewer, drain, channel, pipe, cable, watercourse, gutter, wire, party structure staircase,
lift or other convenience belonging to or serving or used for the Building (without
prejudice to the obligations of the Tenant under this Lease or Agreement);

(xvi) to lay down, maintain, repair, test, disconnect, stop up, remove or renew any drainage,
gas or water pipe or electric wire or cable;

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 (xvii) for any purpose in the opinion of the Landlord necessary to enable him to comply with
the covenants on his part contained in (insert details of the clause or document
containing the covenants);

(xviii) to carry out any similar work,

PROVIDED that the Landlord [or the Superior Landlord] shall make good [all damage caused
by such entry or all damage to the Premises or to the fixtures, fittings, sanitary apparatus,
appurtenances, goods or effects installed.in or affixed to the Premises caused by the carrying out
of any work mentioned in this Clause or otherwise referred to] [and PROVIDED that so far as
any defects remedied or work done by the Landlord may be included in the Tenant’s covenants
to repair contained in this Lease or Agreement the cost of them shall be a debt due from the
Tenant to the Landlord and be forthwith recoverable by action];

(h) to execute immediately all repairs for which the Tenant is responsible;

(i) to place all refuse in a proper receptacle to be provided by the Tenant and approved by the
Landlord [and kept only in a place on the Premises approved by the Landlord] and to ensure that
the rubbish is regularly collected by or on behalf of the local authority;

(j) to deliver up the Premises [and the Furniture] at the end of the Tenancy clean, tidy and in
accordance with the provisions of this Lease or Agreement;

(State other agreed clauses as required)

4.4 not to make or permit to be made any [structural] alterations or additions to the Premises;

4.5 not to damage, obstruct, render inoperative or in any way interfere with any pipes, wires, drains, sewers,
ducts, channels, conduits, fittings or appliances serving any other premises whether or not jointly with the
Premises;

4.6 [not to keep any animal or bird (including fish or reptiles) on the Premises without obtaining the consent of
the Landlord];

4.7 [not to use or permit to be used in the Premises any oil or paraffin heater or lamp or any other lamp or
heater which may be a fire hazard];

4.8 to use the Premises for the purposes of a private residence in single occupation only [and not to use the
Premises or any part of them for any trade, profession or business];

4.9 not to do anything or suffer or permit anything to be done as a result of which any policy of insurance
effected by the Landlord on the Premises [or on the Building or on adjoining premises of the Landlord]
may become void or voidable or as a result of which the rate of premium on any such policy may be
increased [and (so far as the Tenant is liable under this Lease or Agreement) to comply in all respects with
the reasonable requirements of the insurers with whom the Premises [or the Building or any adjoining
premises of the Landlord] may from time to time be insured] [and to make good to the Landlord all loss
or damage sustained by the Landlord consequent on any breach of this Sub-clause];

4.10 to give to the Landlord not less than (state period) written notice of any intended assignment, transfer,
underlease or tenancy agreement relating to the Premises or (where permitted) part of the Premises;

4.11 to give to the Landlord not less than (state number) weeks’ notice in writing of the determination of the
Tenancy.

(State other agreed clauses as required)

5 Landlord’s Agreements

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 The Landlord agrees with the Tenant:5

5.1 to keep:

(a) the structure and exterior of the Premises (including drains, gutters and external pipes) in repair;
and

(b) the installations in the Premises in repair and proper working order including those for the supply
of water [gas] and electricity and for sanitation (including basins, sinks, baths and sanitary
conveniences but not other fixtures, fittings and appliances for making use of the supply of water
[gas] or electricity) and for space heating or heating water

[PROVIDED that this covenant shall not be construed:

(i) as requiring the Landlord to carry out works for which the Tenant is liable by virtue of his duty to
use the Premises in a tenant-like manner or for which the Tenant would be so liable apart from
any express covenant on his part; or

(ii) as requiring the Landlord to rebuild or reinstate the Premises in case of destruction or damage by
fire or by tempest, flood or other inevitable accident or to keep in repair or maintain anything
which the Tenant is entitled to remove from the Premises];

5.2 to pay all such outgoings in respect of the Premises as in the absence of any agreement would be payable
by the Landlord;

5.3 to insure the Premises [and the Furniture] [in the joint names and for the respective interests of the
Landlord and the Tenant] against loss or damage [caused by fire, lightning, explosion, aircraft (other than
hostile aircraft), other aerial devices or articles dropped from such devices or aircraft, earthquake, riot, civil
commotion and malicious damage, storm, or tempest, bursting or overflowing.of water tanks, apparatus or
pipes, flood, impact by road vehicles or fire and other usual risks] in the full cost of reinstatement of the
Premises from time to time together with:

(a) architects’, valuers’ and other professional fees and all other fees payable in connection with
reinstatement of the Premises;

(b) the costs of demolition, site clearance, temporary shoring and other costs which may be incurred
in making the [Premises or Building] safe;

(c) [(state period) loss of rent];

(d) the cost of providing the Tenant with suitable alternative accommodation for so long as the
Premises remain uninhabitable,

PROVIDED that the Landlord’s obligation to effect insurance does not extend to any contents belonging
to the Tenant;

5.4 that the Tenant paying the Rent and performing and observing the covenants on his part contained in this
Lease or Agreement shall peaceably hold and enjoy the Premises 6 without any interruption by the
Landlord [or any person rightfully claiming under or in trust for him].

(State other agreed clauses as required)

6 Provisos and Declarations

6.1 [If at any time:

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 (a) any part of the Rent is in arrear for (state number) days after becoming due (whether formally
demanded or not); and/or

(b) there is any breach, non-performance or non-observance of the Tenant’s agreements; and/or

(c) an interim receiver is appointed in respect of the Tenant’s property or a bankruptcy order is made
in respect of the Tenant or the Tenant makes any arrangement with his creditors or suffers any
distress or execution to be levied on his goods,

the Landlord may re-enter the Premises or any part of them [and resume possession of the Furniture] and
upon such re-entry the Tenancy shall absolutely determine but without prejudice to any claim which the
Landlord may have against the Tenant in respect of any antecedent breach of the Tenant’s agreements.

or

If the Rent or any part of it is unpaid for (state number) days after becoming payable (whether formally
demanded or not) or if any of the stipulations on the Tenant’s part are not performed, the Landlord may at
any time after that re-enter upon the Premises and resume possession of the Furniture and upon re-entry
the Tenancy shall determine].

6.2 Any notice under this Lease or Agreement shall be in writing and may be served on the person upon
whom it is to be served either personally or by leaving it for him at the Premises (if he is the Tenant) or at
his last known place of abode, or by sending it by registered post or the recorded delivery service to the
Premises or his last known place of abode and any notice to be served on the Landlord may be served in
like manner upon any agent for the Landlord duly authorised in that behalf.

6.3 If at any time the Premises or any part of them are rendered unfit for occupation by reason of any damage
against which the Landlord is liable to insure under the Landlord’s covenants, then (except as provided
below) the Rent [and [Service Charge]] or a proportionate part of the Rent [and [Service Charge]]
according to the extent of the damage shall not be payable in respect of any period [from the expiration of
(state time) from the occurrence of the damage] until the Premises or the damaged portions of them are
restored to a condition fit for occupation [or until the expiration of (state time) from the occurrence of the
damage whichever is the shorter period] PROVIDED that this Clause shall not apply in respect of any
damage against which the Landlord has effected a policy of insurance as mentioned in the Landlord’s
covenants if payment of the insurance money or part of the insurance money is refused in consequence of
any act or default of the Tenant or his servants or agents and any dispute or difference between the
Landlord and the Tenant in reference to this Clause shall be determined by [a single arbitrator in
accordance with the Arbitration Act 20057 or the Landlord’s valuer whose decision shall be binding and
conclusive].

(State other provisos and declarations as required)

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IN WITNESS WHEREOF the Parties hereto have hereunto set their hands on the day and year first above written.

Signed by the Landlord )

(Name) ) (Signature of landlord)
)
)
in the presence of )
(Name of witness) ) (Signature of witness)
(Identity card number) )

Signed by the Tenant )

(Name) ) (Signature of tenant)
)
)
in the presence of )
(Name of witness) ) (Signature of witness)
(Identity card number) )

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[First Schedule

The Premises

(Insert details)]

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 [Second Schedule

The Rent Review Provisions

1 Definitions

For the purposes of this Schedule:

1.1 ‘the Rent’ means for the first (state number) years of the Tenancy the sum of (insert details) and for [each
subsequent period of (state number) years or the residue of the Tenancy] a sum to be determined in
accordance with the [Second] Schedule;

1.2 ‘the New Rent’ means the rent to operate for [each relevant period of (state number) years or the residue of
the Tenancy];

1.3 ‘the Valuer’ means an independent valuer appointed to determine the New Rent in respect of [any period
of (state number) years or the residue of the Tenancy];

1.4 ‘the Current Rent’ means the [rent operative for the period preceding the relevant period of (state number)
years or the rent first reserved by this Lease or Agreement].

2 Agreement as to New Rent

An agreement between the Landlord and the Tenant as to the New Rent shall be in writing signed by both parties.

3 Appointment of Valuer

3.1 If an agreement as to the New Rent has not been made (state period) before the commencement of the
[relevant period of (state number) years or residue of the Tenancy] the Landlord may require the
appointment of a valuer to determine the New Rent.

3.2 The Valuer may be nominated by agreement between the Landlord and the Tenant.

4 Notice of Appointment

The Valuer shall give to the Landlord and the Tenant notice in writing of his appointment inviting each to submit
within a specified period (which shall not exceed (state maximum period)) a valuation accompanied if desired by a
statement of reasons.

5 Valuer to Act as Expert

5.1 The Valuer shall act as an expert and not as an arbitrator.

5.2 The Valuer shall consider any valuation and reasons submitted to him within the specified period but shall
not be in any way limited or fettered by them.

5.3 The Valuer shall determine the New Rent in accordance with his own judgment and opinion as to the true
current market rental value of the Premises.

6 Notice of Decision

The Valuer shall give notice in writing of his decision to the Landlord and the Tenant within (state period) of his
appointment or within such extended period as the Landlord may agree.

7 Limits on New Rent

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 If the Valuer concludes that the current market rental value of the Premises is less than the Current Rent, the New
Rent shall nevertheless be the same as the Current Rent and the decision of the Valuer shall so state.

8 Default of the Valuer

If the Valuer fails to determine the New Rent and give notice of it within the time and in the manner provided
above, or if he relinquishes his appointment or dies, or if it becomes apparent that for any reason he shall be unable
to complete his duties under this Lease or Agreement, the Landlord may apply to the President for the time being of
the Malaysian Board of Valuers for a substitute to be appointed in his place and this procedure may be repeated as
many times as necessary.

9 Valuer’s Decision to be Final

The decision of the Valuer shall be final on all matters referred to him under this Schedule.

10 Time for Payment of New Rent

10.1 Rent shall not be due at the rate of the New Rent until after the Tenant has been given notice of it as
provided above and in the event of the [relevant period of (state number) years or the residue of the
Tenancy] starting before such notice has been given to him, rent shall continue to be due at the rate of the
Current Rent on each day appointed by this Lease or Agreement for payment of rent until the notice is
given to him.

10.2 On the first day after the Tenant is given notice of the New Rent which is a day appointed by this Lease or
Agreement for payment of rent, there shall fall due for payment the appropriate instalment at the new rate
together with by way of additional rent a sum equal to the difference between the New Rent and the rent
actually paid for any part of the [relevant period of (state number) years or the residue of the Tenancy] in
respect of which a rent less than the New Rent has been paid.

11 Valuer’s Fees

The fees of the Valuer shall be shared equally between the Landlord and the Tenant.

12 Time of Essence

As respects all periods of time referred to in this Schedule, time shall be deemed to be of the essence.]

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 [Third Schedule

The Rights Granted

The exclusive right and liberty for the Tenant, his servants or licensees with or without vehicles and animals at all times and
for all purposes connected with the Premises but not for any other purpose to pass and repass to and from the Premises or any
part of them over and along the road or way shown coloured (state colour) on the Plan.]

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 [Fourth Schedule

The Exceptions and Reservations

All rights of light and air and other easements and rights now belonging to or enjoyed by the Premises from or over any
adjacent or neighbouring land or buildings (but without prejudice to those rights expressly granted to the Tenant by this Lease
or Agreement).

Suspension of Rent

If the Premises are destroyed or rendered uninhabitable by fire [or flood] the rent shall cease to be payable until the Premises
are reinstated and rendered habitable.]

(Lay down other schedules as appropriate, each starting on a fresh page)

(Signature or common seal of the landlord)

(Signature of tenant)

1 As to rent, see [470.75] and following.

2 As to the types of leases, see [470.8] and following.
3 The details of this clause should be tailored to fit the decorating actually required for the premises.
4 As to fixtures, see [470.118].
5 As to lease obligations, see [470.60] and following.
6 As to quiet enjoyment, see [470.37].
7 Ie the Arbitration Act 2005 (Act 646).

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