Shoplot Tenancy Agreement 2020: Whereas
Shoplot Tenancy Agreement 2020: Whereas
THIS AGREEMENT is made the day and year stated in Section 1 of the Schedule hereto Date and
between the party whose name and description are stated in Section 2 of the Schedule Parties to the Agreement
hereto (hereinafter called the “Landlord") of the one part and the party whose name and
description are stated in Section 3 of the Schedule hereto (hereinafter called the
“Tenant") of the other part.
WHEREAS:- Recitals:
1. The Landlord is the registered/beneficial proprietor of the property more Said Premises
particularly referred to and described in Section 4 of the Schedule hereto
(hereinafter referred to as the Said Premises).
2. The Landlord is desirous of letting and the Tenant is desirous of taking the Said “As is where is”
Premises on an “as is where is” basis and upon the terms and conditions
hereinafter contained.
1. Subject to the terms and conditions herein contained the Landlord hereby
grants and the Tenant hereby accepts a tenancy of the Said Premises for the
term, commencing from the date and terminating on the date stated in
Sections 5(a) (b) and (c) respectively of the Schedule hereto.
2. The monthly rental stipulated in Section 6(a) of the Schedule hereto shall be Monthly Rent
due and payable in advance by the Tenant to the Landlord in the manner and
at the time stipulated in Section 6(b) of the Schedule hereto.
3. The Tenant shall upon execution of this Agreement and prior to the Security Deposit
occupation of the Said Premises pay the Landlord the deposit stipulated in
Section 7 of the Schedule hereto (receipt whereof the Landlord hereby
acknowledges) 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 said deposit shall be maintained at this figure
during the term of this tenancy and the Tenant shall not be entitled to utilize
the said deposit to off-set any rental due under this agreement without the
previous written consent of the Landlord and the same shall be returned to the
Tenant free of interest within 30 (Thirty) days upon expiry or sooner
determination of the term hereby created less any sums as may then be due to
the Landlord for damage caused to the Said Premises by the Tenant (damage
due to normal wear and tear excepted).
4. The Tenant shall upon execution of this Agreement and prior to the Utility Deposit
occupation of the Said Premises pay the Landlord the water and electricity
deposits stipulated in Section 8 of the Schedule hereto (collectively as the
Utility Deposits). The Tenant shall not be entitled to utilize the said deposit to
off-set any rental due under this agreement without the previous written
consent of the Landlord and the same shall be refunded to the Tenant free of
interest within 30 (Thirty) days upon expiry or sooner determination of the
term hereby created less such sum or sums as may then be due and
outstanding. For the purposes of determining the current deposits, it is hereby
agreed that photocopy of the requisite receipt notice or other written
communication from the relevant Department shall be conclusive.
5. The Landlord shall permit the Tenant and its agents or workmen to enter the Two months rent free
fitting out period from
Said Premises for the purpose of carrying out the renovation works upon the Commencement Date of
execution of this Tenancy Agreement. Further the Landlord hereby agrees that Tenancy
the two (2) months from Commencement Date shall be regarded as the rental
6.1. To pay the Reserved Rent punctually on the days and in the manner aforesaid To pay Reserved Rent
without demand
without demand.
6.2. To pay all charges in respect of water, electricity, sewerage and gas (if To pay all utilities, etc.
applicable) consumed on the Said Premises including sewerage charges (being
presently charged by Indah Water Konsortium Sdn Bhd) and all other utilities
supplied to the Said Premises according to the meters thereon and all charges
for telephone, internet broadband services, ASTRO/Satellite TV (if
applicable).
6.3. To keep the Said Premises, the fixtures and fittings listed in the Inventory Tenant’s responsibilities
for state of repair
hereto (if any) together with any additions thereto in a good and tenantable
repair condition (normal wear and tear excepted) and to replace or repair any
of the aforesaid items and any part of the Said Premises and the Landlord's
fixtures and fittings that may be damaged.
6.4. Not to carry on or permit or suffer the use of the Said Premises for any other Not to use Said Premises
for any illegal purposes,
purpose and in particular not to use the Said Premises for any unlawful or etc
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.
6.5. Not to suffer or permit anything to be in or upon the Said Premises or any part Not to commit nuisance
and indemnify the
thereof which may or is likely to be a nuisance, annoyance and/or danger to Landlord
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.
6.6. At all times to keep and maintain furnishings, fixtures, fittings and furniture as To keep interior in good
repair.
described in the Schedule (if any) hereto and decorative items (if any) in good
and tenantable repair (damage due to fair wear and tear excepted).
6.7. Forthwith to immediately give the Landlord notice in writing of any structural To give notice of structural
defects
defects in the Said Premises.
6.8. Save in so far as the Landlord is made liable therefore by statute Not to hold Landlord liable
& Landlord’s Indemnity
i) Not to hold the Landlord liable for any accident damage or injury caused
to the Tenant, his servants, agents, licensees and invitees on the Said
Premises which may happen as a result of the negligence improper
management breakage or want of repair of any part of the Said Premises
or any fittings fixtures furniture and/or equipment therein and to
indemnify the Landlord for all damages arising therefrom.
6.9. To permit the Landlord and/or his duly authorised representatives upon giving To permit entry for
inspection and do repairs
seven (7) days' previous notice in writing at all reasonable times to enter upon
and examine the condition of the Said 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 Said 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.
6.10. Not at any time during the Term of Tenancy without the consent in writing of No assignment and
subletting
the Landlord to assign, sub-let or otherwise part with the possession of the
Said Premises or any part thereof or permit or suffer any other person or
persons to hold or occupy the same or any part thereof.
6.11. Not to do or permit to be done on the Said Premises anything which may or Not to do acts which will
affect Landlord’s insurance
will infringe any of the laws, by-laws or regulations made by the Government
or any competent authority affecting the Said 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.
6.12. Not to do or permit or suffer to be done anything whereby the policy or Fire Insurance
policies of insurance on the Said 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.
6.13. To be responsible and insure Tenant’s own goods, machinery and/or chattels Tenant to take own
insurance for personal
including all additional furniture, furnishings, equipment, fixtures and fittings belongings
brought thereon the Said Premises against loss and damage by fire or theft
during the Term of Tenancy.
6.14. At the expiration or sooner determination of the Term of Tenancy hereby To restore the Said
Premises to its original
created to restore the Said Premises to its original condition upon termination condition
of this Agreement.
6.15. Not to store any illegal or contraband goods in the Said Premises nor any Illegal or contraband goods
goods which may cause damage or danger to the Said Premises.
6.16. Not to use the Said Premises for any illegal or immoral, religious and/or Illegal, Immoral, religious
& funeral activities
funeral purposes.
6.17. To take all reasonable precautions to keep the Said Premises free of termites, Pests Control
rodents, vermin, insects, pests and any other animals at the cost of the Tenant.
7.1. To pay the quit rent assessment, service charges, and other outgoings relating To pay quit rent
assessment and service
to the Said Premises other than those herein agreed to be paid by the Tenant. charges
7.2. At all times through the term of Tenancy to insure and keep insured the Said Fire Insurance
Premises (except the furniture, equipment, furnishings, fixtures and fittings
belonging to the Tenant) against loss and damage by fire or tempest and in
case of destruction by fire or tempest to replace or reinstate the same as
speedily as possible.
7.3. Upon the Tenant paying the rent hereby reserved and observing and Quiet enjoyment
performing the covenants, obligations and stipulations herein on his part
contained, to allow the Tenant to peaceably hold and enjoy the Said Premises
without interruption from the Landlord or any persons rightfully claiming
through under or in trust for him.
8.1. If at any time the Reserved Rent or any part thereof (whether formally Forfeiture & Power of re-
entry
demanded or not) shall remain unpaid or unsatisfied for seven (7) days after
becoming payable from the due date as stipulated in Section 6 (b) of the
Schedule or if any of the Tenant's covenants shall not be performed or
observed or should the Tenants become insolvent and/or be unable to settle
any of their debts if the Tenant shall suffer execution of the Landlord’s rights
or any kind of legal executions on the Said Premises or if the Tenant shall
become a bankrupt or being a company or corporation shall go into liquidation
either voluntarily or compulsorily otherwise than for the purpose of
amalgamation or reconstruction or if the Tenant for the time being shall enter
into any composition with the Tenant's creditors or suffer any distress or
execution to be levied on the Tenant's goods then and in any of those events it
shall be lawful for the Landlord or any persons authorised by the Landlord on
his behalf at any time thereafter to forfeit all Security and Utility Deposits
and/or to serve a forfeiture notice upon the Tenant pursuant to Section 235 of
the National Land Code and if the Tenant fails to remedy the breach within
fourteen (14) days of the service of the said forfeiture notice the Landlord or
any persons authorised by the Landlord on his behalf shall be at liberty to re-
enter upon the Said Premises or any part thereof in the name of the whole and
thereupon this tenancy shall absolutely determine but without prejudice to any
right of action or remedy of the Landlord in respect of any breach of the
Tenant's covenants herein contained.
8.2. If the Said Premises or any part thereof at any time during the Term of Destruction or damage to
Said Premises not due to
Tenancy be destroyed or damaged by fire (other than the act or default or Tenant’s negligence
negligence of the Tenant, his guest or any servant of the Tenant or any person
who is in the Said Premises with his permission whether express or implied)
so as to be unfit for occupation and use for a period greater than One (1) Unfit for use for One
month
month then the rent hereby reserved or a just and fair proportion thereof
8.3. Notwithstanding anything herein contained, the Landlord shall not be liable to No claims against
Landlord
the Tenant nor shall the Tenant have any claim against the Landlord in respect
thereof:-
i) Any interruption in any of the common facilities used and enjoyed in Interruption in services,
etc.
conjunction with the Said 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.
ii) Any damage injury or loss arising out of the leakage of the piping, Leakage, etc.
wiring and other systems within the Said Premises.
iii) Any damage or loss of the goods and chattels of the Tenant as a result of Damage to Tenant’s
belongings, etc
theft, robbery or any other willful and destructive act committed by
outsiders beyond the control of the Landlord.
8.4. This is a FIXED TENANCY. Neither party shall terminate this tenancy Premature Termination
during the fixed term as specified in Section 5 (a) of the Schedule. In the
event that the Tenant or Tenant’s company or the Landlord shall unlawfully
terminate this Agreement before the expiry, 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 refund of security and
utility deposits to the Tenant should Landlord initiate the premature
termination OR forfeited by the Landlord should the Tenant initiate the
premature termination) and other sums due to the aggrieved party under the
terms of this Tenancy hereby created.
8.5. Any additional deposit required by SAINS (power) or SYABAS (water) or Additional Utility deposits
Indah Water Konsortium (sewerage), from time to time during the
continuance of this Tenancy, shall forthwith be paid by the Tenant to the
Landlord as additional utility deposit further to the amount as specified in
Section 8 of the Schedule.
8.6. In the event the Tenant shall be desirous of taking a tenancy of the Said Renewal of Tenancy
Premises for a further term, the Tenant shall give the Landlord NOT LESS
THAN THREE (3) 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 but with a
maximum monthly rental increment of 10%.
During the three (3) 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 Said Premises for the purpose of letting the same. Right to view
8.7. Without prejudice to Clause 6.1, the Tenant shall pay interest on demand to Interest on late payment of
Reserved Rent
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 eight per centum
(8%) per annum and such interest shall accrue and be calculated on a daily
basis.
8.8. In the event the Landlord shall be desirous of selling, transferring, disposing Sale of Said Premises
subject to Tenancy
of or assigning the Said 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
Permission to view
or Assignee to continue 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 Said Premises upon
reasonable notice given by the Landlord. In the event of sale, the Landlord
shall notify the Tenant in writing.
8.9. All costs and incidental to the preparation and completion of this Agreement Costs of preparing
agreement and Stamp Duty
including Stamp Duty shall be borne by the Tenant and each party shall bear
their own solicitor’s fees, if any.
8.10. Any notice in writing under the terms and conditions of this Agreement to be Service of notices
sent shall be sufficiently served on the Tenant if left addressed to him on the
Said Premises or forwarded to him by email or registered post to his last
known address and any notice to the Landlord shall be sufficiently served if
sent by email or 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.
8.11. No relaxation or forbearance delay or indulgence by the Landlord in enforcing Relaxation or forbearance
or indulgence of Landlord
any of the terms and conditions of this Agreement nor the granting of any time
by the Landlord shall prejudice affect and/or restrict the rights and powers of
the Landlord hereunder. The Landlord shall not be held to have waived any
condition herein contained where the Landlord had previously permitted the
Tenants to do any act in breach of any condition or stipulation herein. The
Landlord shall always have the right to enforce such conditions or stipulations
notwithstanding any antecedent breach of the conditions or stipulations
permitted by the Landlord.
8.12. This Agreement shall be binding upon the successors-in-title and assigns of Successors Bound
the Landlord and the successors-in-title, permitted assigns, heirs and personal
representatives of the Tenant.
8.13. Knowledge or acquiescence by either party hereto of or in any breach of any Knowledge or
acquiescence
of the conditions or covenants herein contained shall not operate as or be
deemed to be a waiver of such conditions or covenants or any of them and
notwithstanding such knowledge or acquiescence each party hereto shall be
entitled to exercise their respective rights under this Agreement and to require
strict performance by the other of the terms and conditions herein.
8.14. Time whenever mentioned in this Agreement shall be of the essence of this Time is of the Essence
Agreement.
8.15. If any or more of the provisions contained in this Agreement shall be deemed Invalidity of Provisions
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.
9. In this Agreement:-
9.2. This Agreement shall be binding upon the personal representatives, heirs, Binding Agreement
trustees and assignees of the parties hereto
9.3. The Parties agree that the governing Law of this Agreement shall be the Laws Applicable Law
of Malaysia and shall submit to the jurisdiction of the Courts of Malaysia.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first above written.
in the presence of :-
a) Name: _________________________ )
b) NRIC No: _______________________ ) ______________________________________
in the presence of :-
c) Name: __________________________ )
d) NRIC No: _______________________ ) ______________________________________
SCHEDULE
(to be taken, read and construed as an essential part of this Agreement)
SECTION PARTICULARS
6a. Monthly Rental (payable in Ringgit Malaysia Eight Thousand Only (RM3,000.00)
advance)
6b. Due on On or before the 1st day of each and subsequent months
9. Option to Renew Three (3) years at a rental and terms to be mutually agreed upon with
maximum rental increment of 10%
10. Use of the Said Premises For legal business purpose only.
Monthly rental shall be deposited into the Landlord’s Bank Account as follows:-
Account Number: