*IMPORTANT* Tenancy Agreement is a legal document and to be enforceable by law, it can only be made within the LAW.
Thus, no other person apart from a legal qualified person - a solicitor (lawyer) is to deal with the drafting and writing of a legal agreement. An estate agent is not qualified to draft or write an agreement (including a tenancy agreement). Therefore, if you are an agent (REN or REA), do NOT assume the role of a solicitor (lawyer), it is an offence.
Notwithstanding, two parties coming to a contract (tenancy agreement) can write their own agreement. Hence, a tenant and a landlord can write their tenancy agreement as long as both parties agree to the terms made under free consent. In such scenario, they pass this tenancy agreement to the agent (REN or REA) for witness and subsequently stamping at the Stamp Office. This is not writing agreement for the tenant or landlord. It is such that the agreement was established by both parties - tenant and landlord. The agent (REN or REA) helps in handling the paper work, which is purely administrative.
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TENANCY AGREEMENT
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THIS TENANCY AGREEMENT is made on this ________________
BETWEEN : The party whose particulars are as stated in Part A of the FIRST SCHEDULE hereto (hereinafter called "the Landlord") of the one part.
AND : The party whose particulars are as stated in Part B of the FIRST SCHEDULE hereto (hereinafter called "the Tenant") of the other part.
WHEREAS the Landlord is the registered proprietor / beneficial owner of the property as stated in Part C of the FIRST SCHEDULE hereto (hereinafter referred to as "the Demised Property*".
AND WHEREAS the Landlord is desirous of granting and the Tenant of taking a tenancy of the Demised Property as stated in Part C of the FIRST SCHEDULE hereto upon the terms and conditions hereinafter appearing.
* see meaning of demised property here.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:-
1. RENT
Subject to the stipulations terms and conditions hereinafter appearing the Landlord hereby lets and the Tenant takes the Demised Property of such period of time as stated in Part D of the FIRST SCHEDULE hereto (hereinafter referred to as "Period of the Tenancy") at the rental as stated in Part E of the FIRST SCHEDULE hereto (hereinafter referred to as "the Rental") which expression shall include any increase or reduction thereof as shall be agreed upon by the parties hereto payable monthly IN ADVANCE on or before the SEVENTH (7th) day of each tenancy month.
2. DEPOSIT
The Tenant shall pay to the Landlord the sum stated in Part F of the FIRST SCHEDULE hereto (hereinafter referred to as "the Security Deposit") and a further sum as stipulation in Part G of the FIRST SCHEDULE hereto (hereinafter called "Utility Deposit") on or before the execution of this Agreement and prior to the Tenant's occupation of the Demised Property as security for the due observance and performance by the Tenant of the stipulations terms and conditions of the Tenancy. The Security Deposit and the Utility Deposit shall not without the prior consent in writing of the Landlord be treated or deemed to be treated as payment of the rent and the same shall be returned to the Tenant free of interest on the determination of the Tenancy less such sums as may then be due to the Landlord but without prejudice to any other claims which the Landlord may have against the Tenant under this Agreement.
3. TENANT'S COVENANTS
The Tenant hereby covenants with the Landlord as follows:-
(a) to pay the RENTAL on the day and in the manner aforesaid;
(b) unless otherwise mutually agreed upon by the parties hereto, to pay as and when required by the Landlord an additional sum over and above the rental in respect of any increase in municipal or other rates taxes assessments or property tax or other impositions of a like nature by whatever name called but excluding quit rent (hereinafter collectively referred to as "the said taxes") levied and imposed or to be levied and imposed upon or in respect of or attributable to the Demised Property over and above the amount of the said Taxes levied and imposed at the date of commencement of the Tenancy;
(c) to pay all charges and outgoing on electricity, water, Indah Water, utilities consumed or supplied on or to the Demised Property.
(d) to keep the interior of the Demised Property, surface material on walls and ceilings, curtain operating apparatus and tracks (if any) initially installed and supplied by the Landlord and the Landlord's fixtures thereon including doors, windows glass, shutters, locks, fastenings, electric wire installations and fittings for light and power and other fixtures and additions thereto in good and tenantable repair and clean condition and to replace or repair any part thereof which shall be broken or damaged due to the malicious negligent or careless acts or omissions of the Tenant and should any damage be caused to the Landlord or to any person whomsoever directly or indirectly through the said damaged conditions of any part of the interior of the demised property (including flooring, walls, ceilings, doors, windows and other Landlord's fixtures) the Tenant shall be wholly responsible therefor and shall fully indemnify the Landlord against all claims, actions and legal proceedings whatsoever made upon the Landlord by any person in respect thereof;
(e) to permit the Landlord and his agents with or without workmen and appliances at all reasonable times to enter upon the Demised Property to view the condition thereof and do such works and things may be required for any repairs alterations or improvements to the Demised Property or any part or parts of the Demised Property and forthwith to repair and amend in a proper and workmen-like manner any defects for which the Tenant is liable and of which written notice shall be given to the Tenant or left on the Demised Property;
(f) not to use the Demised Property for any illegal unlawful or immoral purposes and not to do or permit to be done any act or thing which may become a nuisance or give reasonable cause for complaint from any of the other Tenants or occupiers of the property or any other buildings adjoining the Demised Property;
(g) not to use the Demised Property 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 demised property or which causes an unreasonable amount of noise or which in the opinion for the Landlord is undesirable or unsuitable for the other Tenants or occupiers of the Demised Property;
(h) not to make or permit to be made any alterations in or additions to the Demised Property or the Landlord's fixtures fittings and decorations therein without having first obtained the written license and consent of the Landlord therefor and in the event of such license and consent being given, to carry out at the Tenant's own expense such alterations or additions with such materials and in such manner and at such times as shall be designated by the Landlord and upon the determination of the term hereby created the Tenant shall not be allowed to dismantle, remove, demolish or take down such alterations and additions. The Tenant shall at all times be fully responsible for any illegality and liabilities arising out of such alterations and/or additions and shall and does hereby covenant to keep the Landlord fully indemnified in respect of the same;
(i) not to assign underlet or part with actual or legal possession or the use of the Demised Property or any part thereof for any term whatsoever without the prior consent in writing of the Landlord first had and obtained PROVIDED ALWAYS that in the event of the Tenant assigning underletting or parting with the actual or legal possession or use of the Demised Property or any part thereof in contravention of this Clause the Landlord may without prejudice to his rights under the Tenancy collect from any assignee underlease or any other person in possession of the Demised Property or any part thereof all rentals and other moneys payable in respect of the Demised Property or any part thereof by such person or persons to the Tenant and PROVIDED FURTHER that such collection of rentals and other moneys as aforesaid shall not be deemed to be an acceptance by the Landlord of any such person or persons as assignee underlessee Tenant or occupier of the Demised Property or any part thereof. Consent should not be unreasonably withheld;
(j) not to do or permit, suffer or anything to be done onto the Demised Property whereby the policy or policies of insurance on the Demised Property or on the Property against damage by fire may become void or voidable or whereby the premium thereon may be increased and to make good all damages suffered by the Landlord and to repay to the Landlord on demand all sums paid by him by way of increased premiums and all expenses by the Landlord in or about any renewal of such policy or policies rendered necessary by a breach or non-observance of this covenant without prejudice to the other rights of the Landlord;
(k) not to use the Demised Property as funeral parlor or the sale of coffins or for any matters or business relating to funerals and the dead and to use the Demised Property only for the purposes as stated in Part H of the FIRST SCHEDULE hererto;
(l) to obtain and maintain at the Tenant's own expenses all governmental licenses, permits, registration (including trade name) and other consents if required if the Demised Property is used for business purposes in accordance to Part H of the FIRST SCHEDULE hereto;
(m) not to install any electrical wiring, sockets, plugs or power points within or outside the Demised Property without the consent of the Landlord and if such consent is given the installation(s) shall be subject to such as the Landlord shall reasonably determine;
(n) to comply with all laws rules and regulations affecting or concerning the use of the Demised Property which are to be complied with or observed by the occupants;
(o) at the expiration or sooner determination of the Tenancy to peacefully yield up the Demised Property with fittings and fixtures thereto in good and tenantable repair and condition.
4. LANDLORD'S COVENANTS
The landlord hereby covenants wit the Tenant as follows:-
(a) to pay all present and future rates, taxes, quit rents, assessments and outgoing in respect of the Demised Property other than those herein agreed to be paid by the Tenant;
(b) to keep the roof, main structure, walls and main drain and pipes and the common part of the Demised Property or as the case may be, the Demised Property in good and tenantable repair and condition;
(c) at all times throughout the Tenancy to keep the Demised Property excluding the properties of the Tenant sufficiently insured against loss or damage by fire;
(d) to permit the Tenant if he punctually pays the Rental and observes the stipulations terms and conditions on his part herein contained to peacefully enjoy the Demised Property during the Tenancy without any interruption or disturbance by the Landlord or those lawfully claiming under or in trust for him.
PROVIDED ALWAYS AND IT IS HEREBY AGREED AS FOLLOWS:-
Clause 1 - RENT
Subject to the stipulated terms and conditions herein after appearing the Landlord hereby lets and the Tenant takes the demised property of such PERIOD OF TIME as stated in Part D of the First Schedule (this is the summary of all the terms and conditions - period of rental), as the RENTAL as in Part E of the same which expression shall include any increase or reduction thereof as shall be agreed upon by the parties hereto payable monthly IN ADVANCE on or before the SEVENTH (7TH) DAY of each tenancy month.
Clause 3 (a) is under Tenant's Covenant - to pay the RENTAL on the day and in the manner aforesaid;
or
- if the Tenant shall make default in the observance or performance of any of the covenants on his part herein contained; or
- if the Tenant shall have a receiving order made against him; or
- shall make any assignment for the benefit of his creditors; or
- enter into any agreement or make any arrangement with distress or attachment or execution to be levied against his goods or being a company enter into liquidation whether compulsory or voluntary,
then, in any such cases it shall be lawful for the landlord at any time thereafter, to serve
a forfeiture notice upon the Tenant pursuant to Section 235 of the National Land Code and it is hereby mutually agreed that a reasonable time in which to remedy the breach the subject matter of the said forfeiture notice is FOURTEEN (14) days and on the expiration of the breach complained of having being remedied the Landlord shall forthwith be at liberty to
- re-enter upon the demised property or any part thereof in the name of the whole and thereupon the Tenancy shall absolutely determine but but without prejudice to the right of action of the Landlord in respect of any breach of the Tenant's covenant herein contained;
(b) If as a result of the introduction or implementation of any new laws, rules or regulations, or the amendment of existing laws, rules or regulations by the appropriate authorities requiring any changes or modifications to the structure of the demised property, the Landlord reserves the full rights and liberty at his own costs and expenses to comply with such requirements and such changes or modifications shall not annul the Tenancy nor shall it be subject of any claim by either party hereto;
(c) if the Demised Property or any part thereof shall be damaged or destroyed by fire or the risks so as to render the Demised Property unfit for use (except where such fire or other risks has been caused by the default or negligence of the Tenant or his servants or agents) the rental or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the Demised Property shall again be rendered fit for occupation and use PROVIDED THAT in the event of total destruction of the Demised Property the Tenant shall be entitled to summarily terminate the Tenancy and any dispute concerning this Clause shall be determined by arbitration in accordance with the law relating to arbitration for the time being in force.
The Landlord shall not be bound to reinstate the Demised Property (in the event of total destruction).
If the Landlord shall decide not to reinstate the Demised Property which decision shall be made within THIRTY (30) days of the happening of the damage or destruction, the tenancy shall be deemed to be determined from the date of happening of the damage or destruction of the Demised Property subject to payment (if any) of any proportioned amount of the Rental that may be payable for the use of the Demised Property from the date of happening of the damage or destruction to the date when the Tenant ceases to occupy the undamaged portion of the Demised Property.
(d) in addition to the Security Deposit, the Tenant shall upon execution hereof, pay to the Landlord the sum as stated in Part G of the FIRST SCHEDULE hereto (hereinafter referred to as "the Utility Deposit") as deposit for the use or consumption at the Demised Property of the electricity, water and other utilities;
(e) if the Tenant shall be desirous of extending the Tenancy for a further term as stated in Part I of the FIRST SCHEDULE hereto at the expiration of the Tenancy, he shall not later than THREE (3) months before the date of expire of the Tenancy give to the Landlord a written notice of such desire and provided that he has paid the Rental and performed and observed the stipulations terms and conditions on his part contained up to the expire of the Tenancy, the Landlord shall let the Demised Property to the Tenant for such further term as aforesaid at such rental and security and utility deposit to be then mutually agreed upon by the Landlord and the Tenant PROVIDED THAT the new rental shall be comparable with the prevailing rental of similar premises in the same terms and conditions herein except for this Clause for renewal.
(f) any indulgence given by the Landlord shall not constitute a waiver of or prejudice the Landlord's rights herein contained;
(g) any notice requiring to be served hereunder shall be in writing and shall be served on the Tenant by registered post and addressed to him at the Demised Property and any notice to the Landlord shall be in writing and shall be served by registered post or delivered personally to him at his address herein before provided;
(h) the Landlord's and the Tenant's legal costs in respect of this Agreement together with the stamp duty thereon shall be borne and paid by the Tenant, or otherwise at the parties hereto shall agree upon;
(i) the terms and conditions as appearing in the FIRST SCHEDULE hereto are part and parcel of this Agreement;
(j) in this Agreement where the context so admits:-
- (i) the expression "the Landlord" shall include any legal entity and the personal representatives, successors-in-title and assigns of the Landlord and the expression "the Tenant" shall include any legal entity and the personal representative, successors-in-title and permitted assigns of the Tenant;
- (ii) where there are TWO (2) or more persons or parties included or comprised in the expression "the Landlord" or "the Tenant", agreements, covenants, terms, stipulations and undertakings expressed to be made by and on the part of the Landlord or the Tenant shall be deemed to be made by or binding upon such persons or parties jointly and severally;
- (iii) words importing the masculine gender only shall include the feminine and neuter genders and vice versa and words importing the singular number only shall include the plural and vice versa.
(k) In the event of the Tenancy being determined by the Tenant at any time before the expiration of the term hereby created all deposits paid shall be FORFEITED to the Landlord absolutely but without prejudice to any other rights and or remedies available to the Landlord.
Special Conditions
A) The Tenant hereby acknowledge and confirm that the Landlord shall irrespective of this Tenancy be entitled to sell the Demised Property with or without offering the sale of the same to the Tenant.
B) In the event of any sales of the Demised Property by the Landlord in his absolute discretion, the Landlord shall notify any Purchaser (the "Purchaser") as to the existence of this Tenancy and if the Purchaser shall be agreeable to continue to rent the Demised Property to the Tenant, the Landlord shall assign all right pertaining to this Agreement to the Purchaser PROVIDED ALWAYS that nothing herein contained shall be construed as an obligation on the part of the Landlord to assign the Tenancy to the Purchaser AND PROVIDED FURTHER that in the event of the Purchaser electing not to continue with the Tenancy, the Tenant shall within three (3) months of receipt of notification of such sale vacate the Demised Property and deliver to the Landlord vacant possession of the Demised Property in a good and tenantable repair and condition failing which the Tenant shall indemnify and keep the Landlord fully indemnified against any claim by the Purchaser pertaining to the Tenant's failure to deliver possession of the Demised Property and all losses and damages suffered by the Landlord resulting therefrom.
C) And the Tenant expressly agrees to bear reimburse and indemnify and keep the Landlord indemnified against all cost expenses and fees (including but not limited to any solicitors or other professional adviser in respect of any advice or opinion given or action taken or to be taken by the Landlord against the Tenant) incurred by the Landlord in making demand for payment of any rental and other payment due hereunder or in taking legal proceedings or suits against the Tenant for recovery of the same or for enforcing the Tenant's obligations herein contained and such costs expenses and fees (including solicitor-client basis fees) so incurred shall be paid by the Tenant to the Landlord.
WITNESS WHEREOF the parties have hereunto set their hands the day and year herein mentioned.
SIGNED by the Landlord ) ................................
SIGNED by the Tenant ) ...............................
SIGNED in the presence of ) ...............................
FIRST SCHEDULE
A. Landlord :
B. Tenant :
C. Demised Property :
D. Period of Tenancy :
E. Rental :
F. Security Deposit :
G. Utility Deposit :
H. Use of Demised Property :
I. Option to Renewal :
Ref:
Standard Tenancy Agreement.