TENANCY AGREEMENT
BETWEEN
LANDLORD : NAME
` ADDRESS
TENANT : NAME
` ADDRESS
.
FOR PREMISES KNOWN AS
: ADDRESS
AN
AGREEMENT OF TENANCY made the day and year stated in SECTION 1 of the Schedule hereto between the first party whose name
and particulars are stated in SECTION 2
of the Schedule hereto (hereinafter called “the Landlord”) of the one part and
the second party whose name and particulars are stated in SECTION 3 of the Schedule hereto (hereinafter called “the Tenant”)
of the other part.
Whereas
the Landlord is letting the premises described in the SECTION 4 of the Schedule hereto (hereinafter referred to as “the
said Premises”) in his capacity as described in SECTION 5 of the Schedule hereto.
WHEREBY
IT IS AGREED subject to the accompanying General and Special Conditions, the
Landlord lets and the Tenant takes the said premises for a term stated in SECTION 6 of the Schedule hereto
commencing on/deemed to have commenced on the date stated in SECTION 7 of the Schedule hereto at the
monthly rent stated in SECTION 8 of
the Schedule hereto payable on or before the day stated in SECTION 9 of the Schedule hereto of every month in advance.
GENERAL CONDITIONS
I. The
Tenant hereby agrees and covenants with the Landlord as follows:-
(1) To
deposit with the Landlord the sum (hereinafter called “the said Deposit”) stated
in SECTION 10 of the Schedule hereto (the receipt of which the Landlord hereby acknowledges) as and by way
of deposit or security for the due performance and observance by the Tenant of
all and singular the several covenants on the part of the Tenant herein
contained. The said deposit shall not be deemed
to be payment of the rent in advance nor shall it be treated or used by
the Tenant as payment for the rent due under this Agreement without prior
consent of the Landlord and shall be retained by the Landlord until the expiration
of the term hereby created but the said Deposit or any part thereof may be
applied in or towards payment of fees charges outstanding or for making good
any breach of this Agreement on the part of the Tenant BUT SUBJECT as aforesaid
shall be refunded to the Tenant upon the expiration of the term whereby
created.
(2)
To pay the monthly rent at the times and in the manner
aforesaid.
(3)
To pay for the water, gas, electricity,
telephone and all other public utilities supplied to the said premises.
(4)
Not to make any structural alteration or
addition (not being in the nature of repairs) in or to the demised premises without
prior written consent of the Landlord.
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(5)
Not to do or permit to be done on the said
premises anything which will or may infringe any of the bye-laws or regulations
in force or which may become a nuisance or annoyance or inconvenience to the
Landlord or to tenants or occupiers of the neighboring property or for any
illegal or immoral purposes.
(6)
Not to keep on the premises any articles or
things of dangerous or explosive or noxious nature.
(7)
To keep the interior and exterior of the said
premises and all the Landlord’s installations therein in good and tenantable
repair and condition and proper working order (fair wear and tear excepted).
Damage by violence due to war, riot, civil war or civil commotion or by fire,
explosion, flood, storm, tempest, termites, other irresistible force or
inevitable accident or Acts of God accepted.
(8)
To keep the said premises clean and to be
responsible for the locking and securing of the windows, doors and gates of the
said premises.
(9)
Not to assign or sublet or part with the
possession of the said premise of any part thereof without written consent from
the Landlord.
(10)
To use the said premises only for the purpose(s)
stated in SECTION 11 of the Schedule
hereto.
(11)
Not without the consent of the Landlord to affix
or exhibit or erect or permit or suffer to be affixed or exhibited or erected
on or upon any part of the external rails or fences thereof any placard or
poster or other advertisement or boarding.
(12)
To permit the Landlord and his agents, servants
and others to enter the said premises at all reasonable times for the purpose of
viewing the state and condition thereof or for any other reasonable purpose and
forthwith to make good at the Tenant’s own expense any defects caused by the
Tenant’s occupation of the premises.
(13)
During the last three (3) months of the tenancy
to permit the Landlord to affix upon the said premises a notice for re-letting
and to permit persons with authority from the Landlord or his agent at
reasonable times to view the said premises.
(14)
Upon the determination of this tenancy to
deliver up to the Landlord the said premises in such state of repair condition
or and preservation as shall be in strict compliance with the Tenant’s
stipulations herein contained and with all locks, keys and fastenings complete.
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(15)
At the expiration or sooner determination of the
term hereby created peaceably and quietly to yield up unto the Landlord the
said premises and to remove there from all partitions additions and any other
structures and fittings installed by the Tenant with the consent of the
Landlord and all damage caused by such removal shall be made good by the Tenant
to the reasonable satisfaction of the Landlord PROVIDED that if the Landlord or
the incoming Tenant has no objections to the same, the Tenant need not remove
any such partitions, additions and other structures and fittings.
(16)
At the Tenant’s own expenses to maintain and to
service periodically the electrical fittings in the demised premises.
II. The Landlord hereby agrees and covenants
with the Tenant as follows:-
(1)
On the Tenant paying the rent hereby reserved
and performing and observing the stipulations herein mentioned the Tenant shall
peaceably hold and enjoy the said premises during the term hereby created
without any interruption or disturbance of or by the Landlord of any person or
persons rightfully claiming through or under him.
(2)
To pay all such assessments, taxes, quit rent and
other outgoing which are or may hereafter be charged or imposed upon the
premises and payable by the Landlord.
(3)
The Landlord shall maintain and keep the main
structure of the Said Premises including the roof, mail wall, water pipes and
the electrical wiring, in good and tenantable repair and condition throughout
the term hereby created except as regards damage to the premises caused by or
resulting from any act of default or negligence of the Tenant or his servants
and except as hereinbefore covenanted to be done by the Tenant, then the Tenant
shall carry out such repairs at their own cost and expenses.
III. PROVIDED ALWAYS and it is hereby agreed
as follows :-
(1)
The Landlord shall upon written request being
made by the Tenant three (3) month prior to the expiry or the term herein
created grant the Tenant a further term as provided for in SECTION 12 of the Schedule but subject to such rental as may be
agreed upon the same terms and condition herein contained SAVE AND EXCEPT this covenant for renewal.
The rental for the extended period shall be based upon the prevailing market
rental for the said premises.
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(2) If the rent hereby reserved or any part
thereof shall remain unpaid for seven (7) days after becoming due (whether
formally demanded or not) or in the case of a breach or non-performance of any
of the stipulations mentioned herein on the part of the Tenant or if the Tenant
shall become or go into liquidation then in any such case it shall be lawful
for the Landlord at any time thereafter to re-enter the said premises and
thereupon this tenancy shall absolutely cease and the said Deposit shall be
forfeited to the Landlord.
(3) The stamp duty and legal fees in respect
of this Agreement shall be borne by the Landlord and / or Tenant in the
proportion as stipulated in SECTION 13.
(4) If the said premises are rendered partly
unfit for occupation through damage by fire and abatement of rent according to
the nature and extent of the damage sustained shall be allowed to the Tenant
until the said premises are rendered fit and use and the amount and duration of
such abatement shall be determined by an arbitrator. Provided that if the
premises are rendered wholly unfit for occupation the deposit paid shall be
refunded forthwith to the Tenant and this agreement shall be treated as null
and void and of no legal effect.
(5) Should the Tenant determine the tenancy
hereby created at anytime before expiration of the term hereby created, the
said Deposit stated in SECTION 10 shall
then be absolutely forfeited by the LANDLORD.
(6) Any notice under this agreement shall be
in writing. Any notice to the Tenant shall be sufficiently served if left
addressed to the Tenant at the premises or sent to the Tenant by registered
post at the Tenant’s last know address and any notice to the Landlord shall be
sufficiently served if sent by registered post to the Landlord at the address
given herein or to his last known address.
(7) In this agreement where the context so
requires words importing the singular number or the masculine gender shall
include the plural number or the feminine gender and words importing individual
persons shall include corporations and vice versa.
(8) This agreement shall be binding upon the
heirs, personal representatives, assignees and successors in title of the
parties hereto.
IV. The Special Conditions hereinafter
stipulated ( if any ) shall form part of this Agreement and in the event of any
inconsistency of repugnant terms, the provisions
contained in the Special Conditions shall prevail.
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IN WITNESS
WHEREOF the parties hereto have hereunto set their hands the day and year first
above stated.
SIGNED by the Landlord :
------------------------------------------------------------------
NAME :XXX XXX XXXX I.C. / PASSPORT NO :123456-XX-1234
SIGNED by the
Tenant : ---------------------------------------------------------------- NAME :XXX XXX XXXX
I.C. / PASSPORT NO :123456-XX-1234
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SCHEDULE ABOVE REFERRED TO
|
SECTION 1
|
DATE OF THIS AGREEMENT :
|
DATE
|
|
|
SECTION 2
|
LANDLORD :
|
NAME
ADDRESS
|
|
|
SECTION 3
|
TENANT :
|
NAME
|
|
|
SECTION 4
|
THE SAID PREMISES :
|
ADDRESS
|
|
|
SECTION 5
|
LANDLORD’S CAPACITY :
|
REGISTERED OWNER
|
|
|
SECTION 6
|
TERM :
|
2 (TWO) YEARS
|
|
|
SECTION 7
|
DATE OF COMMENCEMENT :
|
DATE
|
|
|
SECTION 8
|
MONTHLY RENT :
|
$
|
|
|
SECTION 9
|
TIME FOR PAYMENT :
|
ON OR BEFORE THE 7TH OF EACH MONTH
|
|
|
SECTION 10
|
DEPOSIT :
UTILITIES DEPOSIT :
TNB DEPOSIT:
|
$
$
$
|
|
|
SECTION 11
|
PERMITTED
PURPOSE (S) :
|
PURPOSRE
|
|
|
SECTION 12
|
FURTHER TERM :
|
1 (ONE) YEAR
|
|
|
SECTION 13
|
FEES AND DISBURSEMENT :
|
BORNE BY BOTH PARTIES
|
|
|
|
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