Sie sind auf Seite 1von 10

DATE DAY 2009

BETWEEN

EG VOON CHEONG
(Landlord)

AND

S & M JEWELLERY ENTERPRISE SDN BHD


(Tenant)

TENANCY AGREEMENT

DEMISED PREMISES
NO 22 JALAN PUTRA PERMAI 10/2G
47650 PUTRA HEIGHT
SUBANG JAYA
TENANCY AGREEMENT

THIS TENANCY AGREEMENT is made the day and year as stated in Section 1 of the First
Schedule hereto:-

BETWEEN

(1) The person(s) whose particulars are stated in Section 2(A) of the First Schedule
(hereinafter called as “The Landlord”) of the one part:

AND

(2) The person(s) whose particulars are stated in Section 2(B) of the First Schedule
(hereinafter called as “Tenant”) of the other part.

WHEREAS:-

(A) The Landlord is the registered proprietor of Double Storey Link house otherwise known
as No 22 Jalan Putra Permai 10/2G 47650 Putra Heights. (hereinafter called “The
Demised Premises”).

(B) The Landlord is desirous of letting the Property (hereinafter called the “Demised
Premise”) as stated in Section 3 of the First Schedule upon a tenancy and the Tenant is
desirous of accepting from the Landlord a tenancy of the Demised Premise upon the
terms and subject to the conditions hereinafter appearing.

NOW IT IS HEREBY AGREED as follows:-

1. TENANCY

1.1 In consideration of the Tenant undertaking to pay to the Landlord the rent hereby
reserved and to comply with, observe and perform the terms, conditions and stipulations
hereinafter set forth, the Landlord hereby agrees to let and the Tenant hereby agrees to
take a tenancy of the Demised Premises for a fixed period as stated in Section 4 of the
First Schedule commencing from the date as set out in Section 5 of the First Schedule
and Expiring on the date stipulated in Section 6 of the First Schedule (hereinafter
referred to as ‘the Expiry Date’) (hereinafter called “Tenancy Period”), at a monthly rental
as stated in Section 7 of the First Schedule which is payable one (1) month in advance
not later the 17th day of every calendar month thereof and thereafter payable on the
same of each and every succeeding month.

2. DEPOSITS

2.1 Simultaneously with the execution of this Agreement, the Tenant shall pay to the Landlord
the following sums:-

a) A sum as stated in Section 8 of the first Schedule (hereafter called as “Rental


Deposit”) being the rental deposit. The Rental Deposit shall not be deemed to be
payment of rent in advance or other outgoing the Tenant may be required to pay under
the provisions of this Agreement nor shall it be treated or used by the Tenant as
payments of rent or other outgoing due under this Agreement: and
b) A sum as stated in Section 9 of the First Schedule being the deposit for water and
electricity supply and deposit for rubbish refuse collection and conservancy and
sewerage charges imposed by government or public or privatized bodies, as the case
may be (collectively referred to as the “Utility Deposits”)

The Landlord shall upon the expiry of the Tenancy period of such extended period as may
be agreed upon pursuant to the terms of this Agreement or upon such sooner mutual
determination of this Agreement as hereinafter provided and shall subject to the re-
delivery of the vacant possession of the Demised Premises in the state and condition it is
as at the date of this Agreement (fair wear and tear excepted) by the Tenant and
settlement of all outstanding outgoing payable in respect of the Demised Premises refund
free of interest the Rental Deposit and Utility Deposit hereof to the Tenant.

3. TENANT’S COVENANTS

3.1 The Tenant hereby covenants with the Landlord as follows:-

a) To pay the rent reserved not later that 17th day of every calendar month.

b) To Pay all charges for the supply of water, Indah Water and electricity incurred in
respect of the occupation of the Demised Premises by the Tenant directly to the
relevant authorities:

c) To pay all charges and bills to the Government of Malaysia and other public or
privatized bodies as the case may be for services such as conservancy and
refuse collection if any and if required by the authorities;

d) To keep at the Tenant’s expense both the interior and exterior of the Demised
Premises in good and tenantable repair and condition (fair wear and tear
excepted) throughout the term hereby granted (and such extension thereof, if
any, pursuant to this Agreement) and to repair or replace any part thereof which
shall be broken or damaged due to any acts or omissions of the Tenant and to
indemnify and keep the Landlord indemnified against all damages so caused or
occasioned to the Demised Premises or to any part thereof;

e) To permit the Landlord and/or its agents at all reasonable times but with prior
notice to enter upon the Demised Premises and examine and inspect the
condition of the same;

f) To insure, at the Tenant’s own cost and expense, with a reputable insurance
company all the Tenant’s installations, fixtures, fittings, appliances effects
merchandise equipment furniture movable chattels and all other property
belonging to or in the possession of the Tenant in the Demised Premises against
losses or damages by fire and to pay all premiums incurred in respect of the
same;

g) To permit the Landlord and/or its agents two (2) calendar months prior to the
expiry of the term hereby created (or extended pursuant to this Agreement as the
case may be), to affix upon the Demised Premises a notice for re-letting and
upon prior appointment to bring prospective tenants to view the Demised
Premises for the purpose of letting the same;
h) Not to make or permit to be made by any alteration in or additions to the Said
Premises. The Landlord’s fixture, fittings decorations therein without having
obtained the written license and consent of the Landlord thereof and in the event
of such license and consent being given to carry out at the Tenant’s own expense
such alterations with such materials and such manner and at such times as shall
be designated by the Landlord, to restore the Said Premises to its original state
and conditions at the expense of the Tenant;

i) Not to make such alterations and renovations for use of the Demised Premises
without the prior written consent in writing of the Landlord and/or of the local or
such other competent authority (if necessary). If required by the Landlord, the
Tenant shall restore the Demised Premises to its original state and condition at
its own expenses. Structural alterations or modifications to the Demised
Premises are strictly forbidden and the Tenant shall not damage cut or alter any
of the floors, columns, beams, structural walls and external walls of the Demised
Premises in any manner whatsoever;

j) Not to assign sub-let transfer the Tenancy hereby created or otherwise dispose
of or part with the actual or legal possession of the Demised Premises or any
part thereof without the prior consent in writing of the Landlord;

k) Not to keep or permit to be kept on the Demised Premises or any part thereof
any materials the keeping of which may contravene any local ordinance statute
regulations or by laws or in respect of which an increased rate of insurance is
usually required and not to store or bring upon Demised Premises or any part
thereof arms ammunition or unlawful goods gunpowder salt-petra kerosene or
any explosive combustible inflammable dangerous or unlawful substance (except
where expressly approved by the appropriate authorities and/or the Landlord);

l) Not to allow any dangerous, poisonous or objectionable effluent to be discharged


into the drains or sewers of the Demised Premises and to take all such measures
and precautions as may be necessary to ensure that any effluent so discharged;-

i) be not corrosive or otherwise harmful to the said drains or sewers: and


ii) does not cause any obstruction or deposit therein;

m) Without prejudice to the Landlord’s right to re-entry as hereafter provided if the


rent or other moneys payable by the Tenant to the Landlord hereunder shall
remain unpaid after the same shall become due, the Tenant shall pay interest at
the rate of one per cent (1%) per month in respect of any outstanding amount
payable under this Agreement from the date such amount becomes due until
payment in full is received by the Landlord;

n) Not to carry out or conduct any trade or business as an undertaking or relating


funeral parlours or the sale of coffins;

o) To keep the said Premises at its own costs and expenses in neat, clean and
hygienic condition and free and clear of pests, insects, rodents and vermin
including to keep the sanitary and electrical installations in a good and tenantable
order and repair at all times (fair wear and tear excepted).

p) Not to throw or permit to be thrown dirt, rubbish rags or other refuse into sinks,
baths, lavatories, cisterns, waster or soil pipes in the said Premises;
q) Not to install any electrical sockets, plugs or electrical power points or electrical
motor or engine or appliance or air-conditioner without the previous written
consent of the Landlord first had and been obtained. In the event that the Tenant
commits a breach of this covenant and as a result of which the Landlord suffers
damages, the Tenant shall indemnify and keep the Landlord indemnified against
any losses or damages which may be suffered by the Landlord as a result of the
Tenant’s breach and the Landlord shall be entitled to deduct from the deposits for
costs and expenses which they may incur as a result of the Tenant’s breach;

r) The Tenant has to clean up the Demised Premises before termination of the
tenancy.

3.2 At the expiry or sooner determination of the Tenancy hereby created (or extended
pursuant to this Agreement as the case may be, to yield up to the Landlord the Demised
Premises and all additions thereto properly cleaned and in a good and tenantable repair
and condition (fair wear and tear excepted) and at the Tenant’s own cost and expense to
restore the Demised Premises to its original condition and to make good any damage
caused to any part of the Demised Premises.

3.3 All acts, agreements, covenants and undertakings that are herein stipulated in this
Agreement to be performed or observed by the Tenant shall be so performed and
observed at the Tenant’s sole cost and expense.

4. LANDLORD’S COVENANTS

4.1 The Landlord hereby covenant with the Tenant that upon the Tenant paying the rents
hereby reserved and duly observing and performing this Agreement and the terms
stipulations and covenants on its part herein before contained, the Landlord shall:-

a) Permit the Tenant to quietly enjoy the Demised Premises during the tenancy
hereby created (or extended pursuant to this Agreement as the case may be)
without any interruption by the Landlord or his agent;
b) Bear all quit rents and assessments , management fees or other rates imposed
or payable in respect of the Demised Premises save and except in so far as the
same are payable by the Tenant under the terms hereof;
c) Maintain and keep the main structure columns, beams, floors and drains of the
Demised Premises in good and tenantable repair and condition throughout the
term hereby created (or extended pursuant to this Agreement as the case may
be) at such times and in such manner as the Landlord in its absolute discretion
shall consider to be necessary and in so far as such are not the Tenant’s
responsibility pursuant to Clause 3.1 above and save and except where the
damage or wear and tear is or are not due to any act or omission or neglect of
and by the Tenant, their employees, servants, agents, licensees, invitees or
independent contractors.
d) Keep the Demised Premises insured against loss or damage by fire during the
term of this tenancy (and such extension thereof, if any, pursuant to this
Agreement) and to make all payments necessary for that purpose PROVIDED
ALWAYS THAT the provisions of this covenant shall not be deemed to bind;
e) If the Landlord decides to sell his premise, the Tenant shall be given the first right
of refusal. In the event that the premise is sold to a third party the sale should be
subject to this tenancy.
PROVIDED ALWAYS AND IT IS EXPRESSLY AGREED BETWEEN THE
PARTIES HERETO as follows:-

5. MUTUAL AGREEMENTS

5.1 If the rent hereby reserved or any part thereof shall at any time be unpaid for seven (7)
days after becoming payable (whether formally demanded or not) or if any of the
covenants on the Tenant’s part hereinbefore contained shall not be performed or
observed or if the Tenant shall have a receiving order made against them or shall enter
into any composition with their creditors or suffer any distress or execution to be levied on
their goods or if the Tenant shall go into liquidation whether compulsory or otherwise
(save for the purpose or reconstruction or amalgamation) then and in any of the said
cases it shall be lawful for the Landlord at any time thereafter to re-enter upon the
Demised Premises or any part thereof in the name of the whole and thereupon this
Tenancy shall absolutely determine but without prejudice to the right of action of the
Landlord in respect of be any antecedent breach of the Tenant’s covenants herein
contained.

5.2 In the event that the Demised Premises or any part thereof shall at any time during the
Tenancy (and or such extension thereof, if any, pursuant to this Agreement) be destroyed
or damaged by fire (except where such fire has been caused by the fault or negligence of
the Tenant) so as to be unfit for habitation and use for a period longer than thirty (30)
days and the policy or policies of insurance effected by the Landlord shall not have been
vitiated or payment of the policy monies refused in whole or in part in consequence of
any default of the Tenant, their employees, servants, agents licensees, invitees or
independent contractors, the rent hereby reserved or a fair proportion thereof according
to the nature and extent of the damage sustained shall be suspended until the Demised
Premises shall again be rendered fit for habitation and use. The Landlord shall not be
bound or compelled to rebuild or reinstate the Demised Premises unless the Landlord in
its absolute discretion thinks fit to do so. In the event of the Landlord deciding not to
rebuild or reinstate the Demised Premises then the rent hereby reserved shall cease and
determine from the happening of such destruction or damage aforesaid and the Tenant
shall peaceably and quietly surrender and yield up to the Landlord vacant possession of
the Demised Premises without any entitlement to any damage or compensation from the
Landlord and thereafter this Agreement shall terminate and be of no further effect.

5.3 a) The Landlord shall, upon the written request by the Tenant made not less than
Two (2) months before the expiry of the Tenancy Period, grant to the Tenant, at
the Tenant’s cost and expense, a further tenancy of the Demised Premises for a
fixed period as stated in Section 10 of the first Schedule (“Extended Tenancy
Period”) commencing from the date of expiry of the Tenancy Period at a revised
monthly rental as stated in Section 11 of the First Schedule upon and upon
terms and conditions similar to those herein contained in this Agreement with the
exception of this Sub-Clause PROVIDED ALWAYS THAT the Tenant shall have
paid the rent hereby reserved the stipulations and covenants herein contained up
to the expiry of the Tenancy Period

b) In the event that the terms herein created is extended pursuant to the foregoing
provisions and the monthly rental payable in respect of the extended tenancy
thereby created is increased by the Landlord pursuant to the provisions of Clause
5.3(a) hereof, then, in such event the Rental Deposit and the Utility Deposits
payable in respect of the extended tenancy shall be increased accordingly and
such increase (if any) shall be paid by the Tenant to the Landlord before the
commencement of the extended tenancy.
5.4 The Tenant and the Landlord their servants or agents shall conduct a joint inspection of
the Demised Premises thirty (30) days prior to the expiry of the Tenancy Period (or such
extension thereof, if any, pursuant to this Agreement as the case may be) and thereupon
the Landlord may serve upon the Tenant a notice in writing specifying any particular and
necessary reasonable repairs and require the Tenant to forthwith execute the said
repairs.

6. DELIVERY OF VACANT POSSESSION

6.1 The Tenant shall on or before the EXPIRY DATE or upon expiry of the extended Tenancy
Period in the event of any extension of the Tenancy Period, re-deliver vacant possession
of the Demised Premises to the Landlord in a good and tenantable repair and to restore
the same to its original condition (fair wear and tear excepted)

7. NOTICE

7.1 Any notice under this Agreement shall be in writing and shall be sufficiently served on the
Tenant if left addressed to the Tenant at the Demised Premises or sent to the Tenant by
registered post to the Demised Premises or the Tenant’s last known address and any
notice to the Landlord shall be sufficiently served if sent by registered post or delivered
personally to the Landlord at the Landlord’s address herein given or at the Landlord’s last
known registered office in Peninsular Malaysia. A notice sent by registered post shall be
deemed to be given at the time when it ought to in due course of post be delivered at the
address to which it is sent.
.
8 COSTS

8.1 All legal fees, costs and expenses incurred in the preparation and execution of this
Agreement including the Landlord’s solicitor’s fee shall be paid and borne by the Tenant.

8.2 If any of the rentals or any of the abovesaid covenants shall be required to be recovered
or performed through any process of law and if any advocate and solicitor is employed for
the purpose, the Tenant shall pay to the Landlord the Landlord’s solicitors fees (on a
solicitor and client basis) and any other costs and expenses incurred in or though any
process of law or otherwise by the employment of an advocate and solicitor as aforesaid.

9. BINDING EFFECT

9.1 This Agreement shall be binding upon the respective assigns, heirs, personal
representatives and successors in title of the parties hereto.

10. TIME

10.1 Time wherever mentioned shall be of the essence in this Agreement.

11. SEVERABILITY

11.1 Any term, condition, stipulation, provision, covenant or undertaking in this Agreement
which is illegal, void, prohibited or unenforceable shall be ineffective to the extend of such
illegality, voidness, prohibition or unenforceability without invalidating the remaining
provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall
not invalidate or render illegal, void or unenforceable any other term, condition,
stipulation, provision, covenant or undertaking herein contained.
12. DEFINITION AND INTERPRETATION

12.1 The expression the “Landlord” and the “Tenant” shall include their respective assigns,
heirs, representatives and successors-in-title.

12.2 Words denoting the singular number only shall include the plural number and vice versa,
words denoting the masculine gender only shall include the feminine and neuter genders
and references to persons shall be deemed to include bodies corporate or
unincorporated.

12.3 The Schedule hereto shall be taken, read and construed as an essential part of this
Agreement References to Recitals, Clauses and Schedules are to recitals, clauses and
schedules to this Agreement.

12.4 Any reference to a statutory provision shall include such provision and any regulations
made in pursuance thereof as from time to time modified or re-enacted whether before or
after the date of this Agreement so far as such modification or reenactment applied or is
capable of applying to any transactions entered into prior to the date hereof and (so far
as liability there under may exist or can arise) shall include also any past statutory
provisions or regulations (as from time to time modified or reenacted) which such
provisions or regulations have directly or indirectly replaced.

12.5 Headings in this Agreement are for convenience of reference only and shall not be used
to construe or interpret this Agreement.

12.6 A period of days from the happening of an event or the doing of any act or thing shall be
deemed to be exclusive of the day or which the event happens or the act or thing is done
and if the last day of the period is a weekly holiday or a public holiday (“excluded day”)
the period shall include the next following day which is not an excluded day.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands the
day and year first above written.

SIGNED BY )
the Landlord ) …………………………………………………..
NAME: EG VOON CHEONG
NRIC NO: 730627-14-5233
Tel no: 016-2021369(MR EG )
BANK AC NO: SCB 910-1-2069267-6

WITNESS BY )
) ………………………………………………….
Name:

SIGNED BY )
the Tenant ) …………………………………………………
NAME: S & M JEWELLERY ENTERPRISE SDN
BHD
CO REG NO: 198675 M
Tel no: 20704788 (MS LEONG – AC DEPT)
012-6736869 (MS LIM)

WITNESS BY )
)………………………………………………….
Name:
FIRST SCHEDULE

(Which shall read and construed as an essential part of this Agreement)


SECTION 1 DATE OF THE TENANCY AGREEMENT

SECTION 2(A) LANDLORD


EG VOON CHEONG
NRIC NO: 730627-14-5233
NO 25 JALAN PUTRA PERMAI 10/2B
47650 PUTRA HEIGHT

SECTION 2(B) TENANT


S & M JEWELLERY ENTERPRISE SDN BHD
CO REG NO: 198675 M
LEVEL 2 PLAZA WARISAN, JALAN TUN HS LEE
50000 KUALA LUMPUR

SECTION 3 DEMISED PREMISES


22 JALAN PUTRA PERMAI 10/2G
47650 PUTRA HEIGHT

SECTION 4 TERM OF TENANCY


ONE (1) YEAR

SECTION 5 DATE OF COMMENCEMENT OF TENANCY


10 January 2009

SECTION 6 DATE OF EXPIRY OF THE TENANCY


09 January 2010

SECTION 7 MONTHLY RENTAL


Ringgit Malaysia One Thousand Only (RM1000.00) Only

SECTION 8 SECURITY DEPOSIT (TWO (2) MONTH)


Ringgit Malaysia Two Thousand Only (RM2000.00) Only

SECTION 9 UTILITIES DEPOSIT


Ringgit Malaysia Five Hundred Only (RM500.00) Only

SECTION 10 RENEWAL TERM


ONE (1) YEAR

SECTION 11 RENTAL FOR RENEWAL TERM


Prevailing Market Rental to be Mutually Agreed Upon by the
Landlord and Tenant

SECTION 12 Residential Use Only

ELECTRICITY METER :

WATER METER :

TOTAL NO OF KEYS :

Das könnte Ihnen auch gefallen