Amended-Tenancy Agreement- 2013


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Amended-Tenancy Agreement- 2013

  1. 1. **************************** Tenancy Agreement ***************************** Dated this 01st day of February 2013 Between Chong Hon Chan (“the Landlord”) And Huang Ying Heng (“the Tenant’)Demised Premises:No. 48, Jalan PP 3/13, Taman Putra Prima, 47130 Puchong,Selangor Darul Ehsan.1
  2. 2. AN AGREEMENT made the day and the year stated in Schedule Item A between the party whose name and address are stated in Schedule Item B (hereinafter referred to as “the Landlord”) of the one part and the party whose name and address are stated in Schedule Item C (hereinafter referred to as “the Tenant”) of the other part. WHEREBY IT IS AGREED as follows: -1. The Landlord lets and the Tenant accepts the letting of the property stipulated in Schedule Item D (hereinafter referred to as “the Demised Premises”) for the term stipulated in Schedule Item E at a monthly rental stipulated in Schedule Item F only payable in advance on the 1st day of each succeeding month.2. The Tenant shall on signing of this Agreement pay the sums as stipulated in Schedule Item G and Schedule Item H to the Landlord being Security Deposit and Utility Deposit respectively for the due observance and performance of the Tenant’s covenants hereinafter contained which deposits shall at the expiration or early determination of the term herein created be refunded to the Tenant free of interest but subject to Clause 5(d) below and the Landlord’s right to retain the same for all outgoing payments for which the Tenant is liable as hereinafter contained shall have been discharged.3. THE TENANT HEREBY COVENANTS WITH THE LANDLORD as follows: - a) To pay the reserved rent regularly and punctually on the 1st day of each and every succeeding month in advance without any deduction whatsoever and without the necessity of any demand by the Landlord. b) To pay all charges for electricity, water (charge by SYABAS) & Indah Water Konsortium S/B and telephone charges incurred, supplied, used or provided for in the Demised Premises during the continuance of the tenancy hereby created. c) To keep the Demised Premises and the Landlord’s fixtures, fittings and additions thereto in good and tenantable repair and condition and to yield the same in good condition at the expiration or early determination of the term, fair wear and tear excepted and to make good at the end of the said term any damage to the premises or the Landlord’s fixtures and fittings caused by the Tenant at the Tenant’s own cost. d) To permit the Landlord and its agent at all reasonable times to enter upon the Demised Premises to examine the conditions thereof and to forthwith at the Tenant’s cost and expense in a proper and workmanlike manner effect any repairs to the Demised Premises and or the Landlord’s fixtures and fittings therein for which the Tenant is liable and of which notice shall have been given by the Landlord and the Tenant has failed to carry out the repair work. e) Not to permit anything to be done whereby any policy of insurance of the Demised Premises may become void or voidable or whereby the rate of premium may be increased and to reimburse the Landlord all sums paid by way of increased premium and all expenses incurred in or about any renewal of any policy or policies rendered necessary by a breach of this covenant. 2
  3. 3. f) Not to make any alteration or addition to the Demised Premises without the previous consent in writing of the Landlord. In the event the Landlord consents to the proposed alteration or addition requested by the Tenant, the Tenant shall at his sole cost and expense obtain all the necessary planning approvals from the appropriate authorities and shall comply with and conform to all Architect’s approval plans and specification (if applicable) and further shall solely be responsible for the cost and expense of erecting the said additions and alterations and shall indemnify the Landlord to the fullest extent against any fines, penalties, losses or damages in the event of breach of any of this covenant. g) Upon the expiry or early determination of the term hereby created or its renewal thereof if requested by the Landlord, the Tenant shall restore the Demised Premises to as near to its original state and condition as possible at the Tenant’s own expense the alteration and addition done by the Tenant. The Tenant shall be allowed to remove only those of his own equipment, partitions, furniture and fittings which may or may not affixed to the Demised Premises. Where damage shall be caused to the Demised Premises by such removal the Tenant shall at his own cost and expense make good such damage to its original condition with immediate effect. h) Not to keep or suffer to be kept on the Demised Premises any materials of a dangerous combustible or explosive nature or the keeping of which may contravene any enactment or ordinance or order or local regulation or by-laws or other statutory provisions governing the Tenant’s trade business or other industrial or commercial activities or constitute a nuisance to the occupiers of the same building or neighbouring properties or the public in general and not to carry on or to permit or suffer to be carried on in the Demised Premises any trade of a noxious noisy hazardous immoral or offensive nature or to do or permit anything to be done thereon or therein which will or may infringe any of the laws, by-laws or regulations made by the government or any competent authority affecting the Demised Premises. i) Upon the expiry or early determination of the term hereby created to deliver vacant possession of the Demised Premises and Landlord’s fixtures and fittings thereto in good and tenantable repair and in a clean and hygienic condition to the Landlord. j) To use the Demised Premises for the purpose specified in Schedule Item I only. k) Not to sublet, assign or transfer or part with the possession of the whole or any portion of the Demised Premises without the prior consent in writing of the Landlord whose consent shall not be unreasonably withheld. l) During the two (2) months immediately preceding the termination of the term hereby created to permit persons with written authority of the Landlord or his agent at reasonable times of the day to view the Demised Premises for the purpose of viewing of the Demised Premises4. THE LANDLORD HEREBY COVENANTS WITH THE TENANT as follows: - a) To pay and discharge all future rates, taxes, quit rent, assessment and outgoing payable in respect of the Demised Premises other than those mentioned under Clause 3(b). 3
  4. 4. b) That the Tenant paying the rent and other charges and expenses hereby reserved and complying with all the terms and conditions herein contained shall peaceably hold and enjoy the Demised Premises during the term of this Agreement without any interruption by the Landlord or any person lawfully claiming under. c) To keep the structure, main walls, floor, roof, sanitary fittings, pipes and Landlord’s utility meters in good and tenantable repair and condition during the continuance of this Tenancy PROVIDED ALWAYS that the Landlord shall not be responsible for the repair of any damages caused to the Demised Premises, Landlord’s fixtures and fittings or blockages in the pipes due to wilful act or default or negligence of the Tenant or its servants, employees, agents, invitees and licensees. d) To insure and keep insured the Demised Premises against loss and damage by fire or other inevitable cause as the Landlord in his sole discretion deems necessary and to pay all premium for the purpose PROVIDED ALWAYS that nothing herein implies that the insurance so taken by the Landlord shall cover the furniture, fittings, fixtures, stock-in trade and goods of the Tenant in the Demised Premises AND PROVIDED FURTHER that if any act or default of the Tenant, its servants, employees, agents, invitees and licensees results in any increase in the insurance premium payable on the insurance policy in respect of the Demised Premises such increase shall be borne and paid for solely by the Tenant.5. PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREEED BETWEEN THE PARTIES HERETO as follows: a) If the rent hereby reserved or any part thereof shall into arrears for more than seven (7) days after it has become due and payable (whether formally demanded or not) or in the case of breach or none performance of any of the terms and conditions on the part of the tenant herein contained or if the Tenant for the time being is a company and shall go into liquidation (whether voluntary or compulsory) except for the purpose of reconstruction or amalgamation or enter into any composition with the creditors or suffer any distress or execution to be levied on its good then in any such case it shall be lawful for the Landlord at any time thereafter to re-enter upon the Demised Premises and thereupon this Agreement shall absolutely determine but without prejudice to the right of action of the Landlord in respect of any antecedent breach on the part of the Tenant of the Tenant’s covenant herein contained. b) The Tenant shall indemnify the Landlord against all claims actions and other proceedings arising out of any act or omission or contravention of any law, bye-law, order, regulation on the part of the Tenant and or on the part of his servants, employees or agents in the course of their occupation of the Demised Premises which act or omission shall give rise to a reasonable cause of action against the Landlord as proprietor of the Demised Premises. c) In case the Demised Premises or any part thereof shall at any time during the said term be destroyed or damaged by fire, lightning, riot, tempest, or other unforeseen cause so as to become unfit for occupation and use then the Landlord shall not be bound or compelled to rebuild or reinstate the same unless they in their absolute discretion think fit. In the event of the Landlord deciding to rebuild and reinstate the Demised Premises then (provided the monies payable under any policy of insurance effected by the Landlord shall have not have become irrecoverable through any act or default of the Tenant), the rent hereby reserved or a fair and just proportion thereof according to the nature and extent of the damage sustained 4
  5. 5. shall be suspended and cease to be payable until the Demised Premises shall have been again rendered fit for occupation and use. In the event of the Landlord deciding not to rebuild and reinstate the Demised Premises then the rent hereby reserved shall cease and determine from the happening of such destruction or damage as aforesaid and the Tenant will peaceably and quietly leave, surrender and yield up to the Landlord possession of so much of the Demised Premises as shall not have been destroyed.d) The Security and Utility Deposits paid by the Tenant to the Landlord under Clause 2 herein shall be used as security for the due performance and observance by the Tenant of all the singular and several covenants on the part of the Tenant herein contained and the Tenant shall not be entitled to utilise the said deposit to off-set any rental due under this Agreement. In case of any default in the performance and observance of any of the covenants herein contained the Landlord shall be entitled to retain the whole or part of the deposits as may be necessary to remedy the breach and refund the balance if any free of interest to the Tenant. In the event that the deposits are insufficient to remedy any breach or damage the deficient amount shall be recoverable from the Tenant as a debt due to the Landlord.e) The Stamp Duty and cost of preparing this Agreement shall be borne by the Tenant solely.f) That any notice in writing required under the terms and conditions of this Agreement to be sent by one party to the other shall be deemed to be duly served on the either party if it is sent under A.R. registered mail addressed to the Landlord or Tenant as addressed above or at any other addresses as may hereafter be notified by either party to the other. Any notice sent by registered post shall be deemed to be given at the time when in due course of post it would have been delivered at the address to which it is sent.5
  6. 6. 1. This Agreement shall be binding upon the personal representatives, successors in title and assigns of the parties hereto. 2. IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year specified in Item A of the Schedule hereto.SIGNED by the said LandlordThe aforesaid(a) Name : Chong Hon Chan )(b) NRIC No : 770628-06-5960 )In the presence of:-Name:NRIC No:SIGNED by the said TenantThe aforesaid(a) Name : Huang Ying Heng )(b) Passport No : E 32045848 )In the presence of:-Name:NRIC No:6
  7. 7. THE FIRST SCHEDULE (Which forms part of this Agreement)Item ParticularsA. The day and year of this Agreement 01st February 2013B. Name and address Chong Hon Chan of the Landlord (NRIC: 770628-06-5960) No. 38, Jalan PP 5/18 Taman Putra Prima 47130 Puchong Mobile : 012-3341000C. Name and address Huang Ying Heng of the Tenant (Passport No : E 32045848) No. 2, Jalan Industries Mas 7 Taman Mas, 47100 Puchong Mobile : 010-279 1447/ 03-6141 3559D. Description of the property No. 48, Jalan PP 3/13 Taman Putra Prima 47130 Puchong, SelangorE. Term of this Tenancy One (1) year Commencing on : 01st February 2013 Expiring on : 31st January 2014F. Monthly Rental RM1000(Ringgit Malaysia One Thousand Only)G. Security Deposit RM2,000(Ringgit Malaysia Two Thousand Only)H. Utility Deposit RM500 (Ringgit Malaysia Five Hundred Only)7
  8. 8. I. Use of the Demised Premises Residential Purpose OnlyJ. Notice to Quit Two (2) months written notice in advance by either party hereto if the Tenant should terminate this agreement before the tenancy period hereby created the landlord should have the absolute right to forfeit the refundable deposit in Item G of first schedule.K. Option for Renewal and Rent Two (2) months written notice in advance by the Tenant before the Tenancy expires as per Item E above for a further term of One (1) Year at the rental of which agreed by both parties.L. Special Conditions Fully furnished as per Attachment “A” Inventory List. Basic maintenance of fixtures & appliances to keep them in good working condition are at Tenant’s cost (eg. yearly air-conditioner servicing - proof by receipt). Restoration of holes drilled in walls shall be by the Tenant. Tenant shall keep the property free of infestation.M. Meter Reading for : Electricity Nil (0) balance for electricity & water Water charges as at 01st February 2013N. Bank Details : Bank Public Bank Berhad Name Chong Hon Chan Account No. 4-0151533-158