THIS AGREEMENT is made the day of BETWEEN.. (NRIC NO:.) of No... (hereinafter referred to as the LANDLORD ) of the one part and.. of. (hereinafter referred to as THE TENANT ) of the other part. WHEREAS the LANDLORD is the registered owner of the factory known as..(hereinafter referred to as THE DEMISED PREMISES ). AND WHEREAS the LANDLORD is desirous of letting and the TENANT is desirous of accepting a tenancy of the Demised Premises upon the Terms and Conditions hereinafter set forth. NOW THIS AGREEMENT WITNESSETH as follows:- 1. Subject to the stipulation terms and conditions hereinafter contained the LANDLORD hereby lets and the TENANT hereby accepts a tenancy of the Demised Premises together with the use enjoyment in common with other persons entitled thereto of the entrances, stair-cases, landings, corridors, passages to be held by the TENANT as TENANT for a term of Two (2) years from.. to the.., (hereinafter referred to as the said TERM ) at the monthly rent of RINGGIT MALAYSIA. to be payable by the 15 th day of each month in advance. 2. The TENANT shall pay to the LANDLORD on the signing of this AGREEMENT and prior to the occupation of the Demised Premises an amount equivalent to the sum of:- (a) A Security Deposit being RINGGIT MALAYSIA. Only (RM..);and (b) A Maintenance Deposit of RINGGIT MALAYSIA. (RM..).
By way of deposit as security for the sum due, observance and performance of the TENANT s Covenants terms and Conditions above and hereunder. The said Deposit shall be maintained at this figure during the said Term of this Tenancy and shall not without the Previous consent in writing of the LANDLORD be deemed to be treated as payment of rent and/or water charges and the same shall be returned to the TENANT free of interest on the termination of this Tenancy less such sums as may then be due to the LANDLORD but without prejudice to any other claim which the LANDLORD may have against the TENANT under the terms of the tenancy. 3. THE TENANT HEREBY COVENANTS WITH THE LANDLORD AS FOLLOWS:- (a) To pay the rent hereby reserved on the day and in the manner aforesaid. (b) To pay the LANDLORD and/or the appropriate authority deemed by the LANDLORD to collect, all charges and outgoings in respect of water and electricity charges which shall be consumed or supplied during the said Term. (c) To pay for the cost of replacing fluorescent tubes, electric light bulbs and small light fittings components during the said Term. 2 (d) To keep the interior of the Demised Premises, the flooring and interior plaster or other surface material on walls and ceilings and the LANDLORD S fixtures thereon including doors, windows, glass, shutters, locks, fastenings, electric wires, installations and fittings and additions thereto in good order and clean condition and to replace or repair any of the aforesaid items of the Demised Premises and
the LANDLORD S fixtures and fittings therein which have been broken or damaged due to the any act including malicious, negligent or careless acts or omissions of the TENANT or any other associated with and further that if any damages is 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 premises (including flooring, walls, ceilings, doors, windows) the TENANT shall be wholly responsible thereof and shall fully indemnify the LANDLORD against all claims, actions and legal proceedings whatsoever made upon the LANDLORD by any person in respect thereof. 3 (e) Subject always to the rights of the TENANT to insist that the LANDLORD, its agents or workmen shall be accompanied by a representative of the TENANT, to permit the LANDLORD and its agents or workmen at all reasonable times to enter upon and view the condition of the Demised Premises and to take inventories of the LANDLORD s fixtures therein and to do structural or external repairs to the Demised Premises. The LANDLORD may serve upon the TENANT notice in writing specifying any repairs or work necessary to be done or replacement necessary to be made to comply with the TENANT S covenants to repair contained and require the TENANT forthwith to execute such repairs or work or make such replacements and if the TENANT shall not within ten (10) days after the service of such notice proceed diligently with execution of such repairs or work or the LANDLORD to enter upon the Demised Premises and execute such repairs or works or make such replacements and the cost thereof shall be a debt due from the TENANT to the LANDLORD and be forthwith recoverable by action.
(f) To permit the LANDLORD its agents or workmen to enter upon the Demised Premises to lay fix in and lead through the Demised Premises all such wires and cables for electricity and pipes for water, gas and sewerage as the LANDLORD may from time to time require to be laid, fixed in and/or led through the Demised Premises and also to permit the LANDLORD its agents or workmen to enter upon the Demised Premises for the Purpose of repairing, removing and replacing all or any of the said wires cables and pipes PROVIDED ALWAYS that the LANDLORD shall use its best endeavours in the exercise of the rights by this Clause granted not to interfere with the reasonable use of the Demised Premises by the TENANT and shall make good all damage occasioned by the exercise of such rights. (g) To use the Demised Premises for business purposes only and not to store or bring upon the Demised Premises arms, ammunitions or unlawful goods, gun-powder, kerosene or any explosive or combustible substance or any materials the keeping/storing of which may contravene any local ordinance statute regulations or bylaws in any part of the Demised Premises any boxes or rubbish or otherwise encumber the same and to keep the Demised Premises in a clean and sanitary condition. (h) Not to use the Demised Premises 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. 4 (i) To observe and comply with all laws, by-laws, rules and regulations affecting a TENANT or occupier of the
Demised Premises which are now in force or which may hereafter be enacted. (j) Not to use the Demised Premises or part hereof for carrying on any business which causes the accumulation of dirt, rubbish or debris of any sort in or outside the Demised Premises of which causes an unreasonable amount of noise of which in the opinion of the LANDLORD is undesirable or unsuitable for the quiet occupation and comfort of the LANDLORD and the other Tenants or occupiers of any adjoining lot. (k) Not to make or permit to be made any alterations in or additions to the Demised Premises or the LANDLORD S fixtures, fittings partitions and decorations therein without having first obtained the written license and consent of the LANDLORD and (if necessary) the local authority therefore. (l) Not to assign, sublet or grant any license in respect of the Demised Premises or any part thereof or part with or share the possession thereof or any part without the written consent of the LANDLORD. (m) At all times and in all respects during the term hereby created to comply with promptly and at the TENANT s expense all such requirement as may be imposed by any statute now or hereafter in force and all by-laws, orders, rules, regulations, requirements and notices made there under or made by any other competent authorities applicable to the Demised Premises and the said business carried on therein and to indemnify and keep the LANDLORD fully indemnified against all costs, claims, liabilities, fines or other expenses whatsoever 5
which may fall upon the LANDLORD by reason of any non-compliance thereof. (n) At the expiration of this tenancy, peaceably and quietly to yield up the Demised Premises to the LANDLORD with all fixtures and additions thereto including all partitions erected by the TENANT at its own expenses (but excepting all other TENANT s fixtures) in good and tenantable repair and condition in accordance with the covenants hereinbefore contained and to replace at the TENANT s own cost any flooring tiles, walls and glass which have been permanently marked or damaged by the TENANT in any way. (o) Not to do or permit or suffer to be done anything whereby the policy or policies of insurance on the Demised Premises against damage by fire may become void and voidable or whereby the premium thereon may be increased and to make good all damage suffered by the LANDLORD and to repay to the LANDLORD on demand all sums paid by them by way of increased premium all expenses incurred by the policy or policies rendered necessary by a breach or non-observance of this covenant without prejudice to the other rights of the LANDLORD. (p) Not to permit any sales by auction to be held on the Demised Premises. 6 (q) To be responsible for and to indemnify the LANDLORD against all damage occasioned to the Demised Premises or to any person caused by any act, default or negligence of the TENANT or the servants, agents or licensees of the TENANT and to repay and make good to the
LANDLORD all and every loss and damage whatsoever incurred or sustained by the LANDLORD as a consequence of every breach of non-observance of the TENANT S covenants therein contained and to indemnify the LANDLORD and the LANDLORD S estate and effect from and against all actions claims liability costs and expenses thereby arising. (r) To insure and keep insured the TENANT s goods and fitting and fixtures against fire, against water, flood or other calamities. (s) To pay reimburse and/ or indemnify and keep the LANDLORD indemnified for all cost expenses and any other fees, including the LANDLORD s solicitors fees, (on a solicitor and client basis) incurred in connection with demanding and enforcing payment of any monies payable by the TENANT under the terms of this Agreement or otherwise howsoever in enforcing any of the terms, conditions and stipulation herein contained. 4. THE LANDLORD HEREBY COVENANTS WITH THE TENANT AS FOLLOWS:- (a) To pay all quit rent and the assessment from time to time payable in respect of the Demised Premises. (b) To pay subject to Clause 3(b) all present and future rates, taxes assessments and outgoings payable in respect of the ownership of the Demised Premises other than those hereby before agreed to be paid by the TENANT. 7 (c) To permit the TENANT if he punctually pays the rent hereby reserved and observe the stipulations on its part herein contained peaceably to enjoy the Demised
Premises without any interruptions or disturbance by the LANDLORD or those lawfully claiming under or in trust for it. (d) At the termination of this Agreement, to refund to the Tenant the said deposit paid pursuant to Clause two (2) hereof less any deduction or forfeiture authorized to be made pursuant to the said Clause. (e) The Landlord shall on request of the TENANT may not less than two (2) months before the expiration of the Term hereby created granted to the TENANT a tenancy of the Demised Premises for another term of One (1) year from the expiration of the said term at a rent to be mutually agreed upon by the Parties hereto taking into consideration upon the prevailing rates or rental of similar premises in and around the district in which the Demised Premises is situated. 5. PROVIDED ALWAYS AND IT IS HEREBY AGREED AS FOLLOWS:- 8 (a) If the rent hereby reserved or any part thereof shall be unpaid after becoming payable in accordance with Clauses One (1) and Three (3) (a) and (b) hereof (whether formally demanded or not) or if the TENANT shall make default in the observance or performance of any of the covenants on its part herein contained or if the TENANT shall have a receiving order made against it or shall make any assignment for the benefit of its creditors or enter into any agreement or make any arrangement with its creditors by composition or otherwise or suffer any distress or attachment or execution to be levied against its goods or being a company enter into liquidation whether compulsory (except for the purpose of
reconstruction or amalgamation) then in any such cases this tenancy shall absolutely determine but without prejudice to the right of action of the LANDLORD in respect of any breach of the TENANT S covenants herein contained and the LANDLORD shall further be at liberty to reenter upon the Demised Premises of any part thereof in the name of the whole. (b) If the Demised Premises or any part thereof shall be destroyed or damaged by fire or tempest (except where such fire has been caused by the fault or negligence of the TENANT) so as to be unfit for use, then the rent hereby covenanted to be paid or a nature and extent of the damages sustained shall again be rendered fit for habitation and use and any dispute concerning this Clause shall be determined by a single arbitrator in accordance with the provisions of the Arbitration Ordinance, 1952 (Revised 1972) or any statutory enactment in that behalf for the time being in force and provided always, that nothing in this Clause shall render it obligatory on the company to restore, reinstate or rebuild the Demised Premises or any part thereof if the LANDLORD in its absolute discretion does not desire to do so in which event the LANDLORD shall be entitled to terminate this tenancy by Thirty (30) days notice in writing to the tenancy and upon such termination neither party shall have any claim against the other save and except in respect of any antecedent breach or claim. 9 (c) Except in the case of willful default the LANDLORD shall incur no liability to and shall not be liable for damages or otherwise to the TENANT, it s servants, agents, invitees or licensees for any damage, injury or loss which may at any time during the said term be caused to or suffered by the TENANT or its servants, agents, licensees or invitees
or any of them or by the Demised Premises or any part thereof or to any property or goods of the TENANT or such persons as aforesaid in or about the Demised Premises occasioned by or arising from fire water, storm, tempest, earthquake, insects, theft, burglary or explosion, nuclear fall-out, riots, or civil commotion, enemy action or by reason of the defective working stoppage or breakage of or defects in any appliances pipes, cables, apparatus or other machinery in or under or passing through or connected with or used for the purpose of the Demised Premises or any part thereof or failure of supply of electricity or other supplies or in way owing to the overflow of water from any other part of any adjoining or any adjoining building or due to any effect, causes or happenings beyond the LANDLORD S control affecting the facilities or convenience contemplated herein. (d) In the event of the TENANT terminating this tenancy at any time before it s expiry, the deposit sum shall be forfeited shall be forfeited by the LANDLORD in addition thereto damages against the TENANT for breach of this tenancy. (e) Any indulgence given by the LANDLORD shall not constitute a waiver of or prejudice the LANDLORD S rights herein contained. (f) Any notice requiring to be served hereunder shall be in writing and shall be sufficiently served on the TENANT if left addressed to it on the Demised Premises or forwarded to it by post to its address herein stated and any notice to the LANDLORD shall be sufficiently served if sent by post or delivered personally to its address herein stated. A notice sent by post shall be deemed to 10
be given at the time when it ought in due course of post to be delivered at the address to which it is sent. (g) The cost of preparation of this Tenancy Agreement and stamp duty and fee for and in connection with the Tenancy Agreement shall be borne and paid by the TENANT. (h) Time wherever mentioned in this Agreement shall be the essence of this contract. (i) In this TENANCY where the context so admits the expression the LANDLORD shall include its representatives, if any, successors and permitted assigns of the LANDLORD and the expression the TENANT shall include the successors and assigns of the TENANT. (j) Words importing the masculine gender only shall include the feminine and neuter gender and vice versa and words importing the singular numbers only shall include the plural and vice versa. (the rest of this page has been intentionally left blank) 11
IN WITNESS WHEREOF the parties hereto have set their representative s hands, the day and the year first above written. SIGNED BY THE LANDLORD ).. ) (No K/P: ) ) In the presence of: SIGNED BY THE SAID TENANT ) ) For and on behalf of: ) ) ) In the presence of: 12
INVENTORY LIST FOR PROPERTY AT.. DATED THIS DAY OF,. BETWEEN. (Landlord) AND. (Tenant) TENANCY AGREEMENT FOR THE TENANCY OF.. 13
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