TENANCY AGREEMENT

THIS AGREEMENT is made the 15 day of NOVEMBER 2013

BETWEEN
A.

MOHD FAUZEE BIN BAKAR

(NRIC NO. 731031-07-5267)
NO.10 Lorong Sutera 10, Taman Sutera, Seberang Jaya, 13700 Perai, Penang
(hereinafter called the Landlord) of the one part;
AND

B.

AHMAD FADHLI BIN MOHD DAUD (NRIC NO. 860308-29-5723)

No.17 JALAN SEKAMAT JAYA, 43000 KAJANG, SELANGOR (hereinafter called
the Tenant) of the other part.
WHEREAS :-

(1)

The Landlord is the owner of the premises known as No.1-10-B, Pangsapuri Desa
Seri Jaya, Jalan Kelisa Emas, Seberang Jaya, 13700 Perai, Penang
(hereinafter called the Premises).

(2)

The Landlord is desirous of letting and the Tenant has agreed to take the Premises
(hereinafter called the Demised Premises) at the rent hereunder reserved and
subject to the terms and conditions hereinafter appearing.
NOW IT IS HEREBY AGREED as follows :-

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 period of One (1)
years (hereinafter called the Tenancy Period) commencing from the 1st December
2013 (hereinafter called the Commencement Date) at the monthly rental of
Ringgit Malaysia Eight Hundred Only (RM800.00 Only) (hereinafter called the
Rental).
The Rental shall commence to be payable by the Tenant to the Landlord on
the Commencement Date and thereafter the Rental shall be payable in
advance on or before the first (7th) day of each succeeding calendar month
without deduction.

2.

DEPOSITS

2.1

Simultaneously with the execution of this Agreement, the Tenant shall, prior to the
occupation of the Demised Premises by the Tenant, pay to the Landlord the
following sums :-

(a)

a sum of Ringgit Malaysia Eight Hundred Only (Rm800.00 Only) (hereinafter

called the Security Deposit) as security for the due observance and performance
by the Tenant of the stipulations terms and conditions of this Agreement. The
Security Deposit shall not be deemed to be or treated by the Tenant as payment of
rent or other outgoings as the Tenant may be required to pay under the provisions
of this Agreement nor shall it be used by the Tenant as payment of rent or outgoings
due under this Agreement; and
a sum of Ringgit Malaysia Two Hundred Only (Rm200.00 Only)
(hereinafter
called the Utility Deposit) as utilities deposit for the consumption of water
and electricity on the Demised Premises subject to any increase or
increases thereof which may from time to time be imposed by the Landlord
and/or the relevant authorities.

3.

TENANTS COVENANTS

3.1

The Tenant hereby covenants with the Landlord as follows :to pay the rent hereby reserved at the times herein stated;
to pay all charges for the supply of water, electricity and sewerage
incurred in respect of the occupation of the Demised Premises by the
Tenant directly to the relevant authorities;

to keep at the Tenants expense both the interior and exterior of the
Demised Premises including the flooring, interior plaster or other surface
material or rendering on the walls and ceilings and the appurtenances and
fixtures thereto including the doors, windows, glass, fixtures, fittings, locks,
fastenings, electric wires, installations and fittings for light and power, drain
pipes, outlets drains, sanitary and water apparatus therein and other
additions thereto in good and tenantable repair and condition (fair wear and tear
excepted) throughout the Tenancy Period or such extended period as may be agreed upon
pursuant to the terms of 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, its employees,
servants, agents, licensees, invitees or independent contractors and to indemnify and
keep the Landlord indemnified against all damages so caused or occasioned to the
Demised Premises or to any part thereof or to any adjacent or neighbouring premises or to
any person. Further, if any damage is caused to the Landlord or to any person whatsoever
directly or indirectly through the damaged condition of any part of the Demised Premises
including the flooring, walls, ceilings, doors, windows and other fixtures, then the Tenant
shall be wholly responsible for the same and shall further fully indemnify and keep the
Landlord indemnified against all claims, demands, actions or legal proceedings
whatsoever made upon the Landlord by any person in respect thereof;
to permit the Landlord or the Landlords duly authorised agents at all reasonable times
during the Tenancy Period or such extended period as may be agreed upon pursuant to
the terms of this Agreement, with or without workmen or others to enter upon the Demised

Premises or any part thereof to view the state of repair and condition thereof and to give or
leave on the Demised Premises notice in writing addressed to the Tenant of all defects and
wants of reparation then and there found (reasonable fair wear and tear excepted) and the
Tenant shall and will within a period of Seven (7) days after such notice or sooner if repair
is required, diligently proceed to make good the same according to such notice and the
covenant in that behalf hereinbefore contained and if the Tenant shall fail so to do, the
Landlord shall be entitled but not obliged to enter upon the Demised Premises for the
purpose of carrying out such repair and the cost thereof shall be a debt due from the
Tenant to the Landlord;
to use the Demised Premises for the lawful business of the Tenant as dwelling only and
to indemnify and keep the Landlord indemnified against all actions, proceedings, claims,
demands, penalties or fines which may be brought or imposed by reason of such
requirements and provisions or the Tenants default in compliance with them;
the Tenant shall not make any alterations and renovations on the Demised Premises
without the prior written consent of the Landlord and/or of the local or such other
competent authorities, if necessary, and in the event that the Landlords consent to the
same is given, to carry out at the Tenants own cost and expense such alterations and
renovations in accordance with the approved plans and upon the expiry or sooner
determination of the Tenancy Period or such extended period as may be agreed upon
pursuant to the terms of this Agreement, if required by the Landlord, to restore the
Demised Premises to its original state and condition at the expense of the Tenant or to
leave the same in such conditions as the Landlord may require and approve. Structural
alterations and modifications to the Demised Premises are strictly forbidden by the
Landlord 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;
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 of the Demised
Premises or any other buildings adjoining the Demised Premises and at all times hereafter
to indemnify and keep the Landlord indemnified against all actions, proceedings, costs,
expenses, claims, demands, damage or loss in respect of such act or thing done or
omitted to be done by the Tenant, its servants, agents, licensees, invitees or independent
contractors;
not to let, sub-let, assign or otherwise dispose or part with the actual or legal possession of
the Demised Premises or any part thereof without the prior written consent of the Landlord;
not to affix, erect, attach or exhibit or permit or suffer to be done upon any part of the
exterior of the Demised Premises or through any windows thereof any placard, poster,
notice, advertisement, name or sign whatsoever.
not to use the Demised Premises or any part thereof so as to cause the accumulation of
dirt, rubbish or debris of any sort in or outside the Demised Premises;
to comply, at the Tenants expense, at all times during the Tenancy Period or such
extended period as may be agreed upon pursuant to the terms of this Agreement, with
all statutory and other requirements for ensuring the health, safety and welfare of the
persons using the Demised Premises or any part thereof.

to indemnify and keep the Landlord indemnified against summonses, actions,

proceedings, claims, demands, costs, damages and expenses which may be levied
brought or made against the Landlord or which the Landlord may sustain or incur by
reason of any action or omission of the Tenant, its employees, servants, agents, licensees,
invitees or independent contractors or use of the Demised Premises by the Tenant;
during the last Three (3) months of the Tenancy Period or such extended period as may
agreed upon pursuant to the terms of this Agreement to permit the Landlord to affix to any
part of the Demised Premises and there to retain thereto without interference a notice that
the same is to be let and permit all persons bearing written authority from the Landlord to
enter upon the Demised Premises to inspect the same at all reasonable times of the day;
to pay 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 or non-observance of the
Tenants covenants herein contained, any distress action against the Tenant or by reason
of any act or omission or use of the Demised Premises by the Tenant, its employees,
servants, agents, licensees, invitees or independent contractors and to indemnify and
keep indemnified the Landlord and the Landlords assigns from and against all
summonses, actions, proceedings, claims, demands, liabilities, costs, expenses (including
legal costs on a solicitor and client basis), fines, penalties, loss and damage thereby
arising;
at the expiry or sooner determination of the Tenancy Period or such extended period as
may be agreed upon pursuant to the terms of this Agreement, to yield up to the Landlord
the Demised Premises and all additions thereto and all fixtures and fittings therein properly
cleaned and in good and tenantable repair and condition (fair wear and tear excepted) and
to make good any damage caused to any part of the Demised Premises or leave the same
in such conditions as the Landlord may require and approve; and
4.

LANDLORDS COVENANTS

4.1

The Landlord hereby covenants with the Tenant as follows :-

(a)

that the Tenant paying the rent hereby reserved and observing and performing the
several covenants and stipulations on its part contained herein shall during the
Tenancy Period or such extended period as may be agreed upon pursuant to the
terms of this Agreement, quietly enjoy the Demised Premises without interruptions
by the Landlord or any person lawfully claiming under or in trust for the Landlord;

(b)

to bear all quit rent and assessment or other rates imposed or payable in respect of
the Demised Premises except in so far as the same are payable by the Tenant
under the terms hereof; and

(c)

to provide adequate insurance cover for the Demised Premises (but excluding any
goods, assets or properties belonging to the Tenant or found in the Demised
Premises) against fire with an insurance company during the Tenancy Period or
such extended period as may be agreed upon pursuant to the terms of this
Agreement.

5.

PROVIDED ALWAYS AND IT IS EXPRESSLY AGREED BETWEEN THE

PARTIES HERETO as follow:-

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 Tenants part hereinbefore contained shall not be performed or
observed or if the Tenant shall enter into any composition with its creditors or suffer
any distress or execution to be levied on its goods or if the Tenant shall suffer the
petition liquidation or winding up of the Tenant then 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 any antecedent breach of the Tenants covenants herein contained.
The Tenant expressly agrees to bear, reimburse and indemnify and keep the
Landlord indemnified against all costs, expenses and fees (including but not limited
to all fees costs and expenses payable by the Landlord to any solicitors or other
professional advisers in respect of any advice or opinion given, taken or to be taken
by the Landlord against the Tenant) incurred by the Landlord in making demand for
payment of any rental and other payments due hereunder or in taking legal actions
proceedings or suits against the Tenant for recovery of the same or for enforcing the
Tenants obligations herein contained and such costs, expenses and fees (including
legal costs on a solicitor and client basis) so incurred shall be paid by the Tenant to
the Landlord within Seven (7) days of any demand made thereof.
In the event that the Demised Premises or any part thereof shall at any time during
the Tenancy Period or such extended period as may be agreed upon pursuant to
the terms of this Agreement 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
occupation 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, its 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 damaged 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 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 as 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.
Notwithstanding Section 234(3) of the National Land Code, 1965, acceptance of rent
by the Landlord shall not be deemed to operate as waiver by the Landlord of any
right of action against the Tenant in respect of any breach of any of the Tenants
obligations hereunder. Any indulgence given by the Landlord shall not constitute a
waiver or prejudice the Landlords right herein contained.
The Landlord shall incur no liability to and shall not be liable to the Tenant, its
employees, servants, agents, licensees, invitees or independent contractors for any
damage, injury or loss which may at any time during the term hereby created be
caused to or suffered by the Tenant, its employees, servants, agents, licensees

invitees or independent contractors or any of them or to any property or goods of

the Tenant in or about the Demised Premises occasioned by or arising from fire,
water, storm, tempest, earthquake, insects, theft, burglary, explosion, nuclear
fallout, riots, civil commotions, enemy or defective working, stoppage, breakage of
or defects in the appliances pipes, cables, apparatus, or any machineries in or
under or passing through or connected with or used for the purpose of the Demised
Premises or any part thereof or the failure of supply of electricity or other supplies or
in any way owing to the overflow of water from any neighbouring or adjoining land.
If the Tenant shall be desirous of extending the tenancy at the expiration of the
Tenancy Period and shall on a date not less than Three (3) months before the
expiration hereof give to the Landlord a notice in writing of such desire and if there
shall then be no existing breach or non-observance of any of the covenants on the
part of the Tenant under this Agreement then the Landlord shall let the Demised
Premises to the Tenant for a further duration of One (1) years (hereinafter called
the Extended Period).
Any notice in writing required to be served hereunder shall be sufficiently served on
the Tenant if left at or sent by registered post to the Demised Premises and shall be
sufficiently served on the Landlord if served by registered post to the Landlords
address herein provided.
This Agreement shall be binding on the successor-in-title heirs and assigns of the
parties hereto.
The stamping fees, costs and expenses of and incidental to this
Agreement (not including the solicitors fees) shall be borne by the Tenant
absolutely.

IN WITNESS WHEREOF THE PARTIES hereto have hereunto set their hands the day
and year first above written.

Signed by
)
for and on behalf of
)
the Landlord in the presence of :- )

________________
MOHD FAUZEE BIN BAKAR

Signed by
)
for and on behalf SKL PILING & )
CONSTRUCTION SDN. BHD.
)
(5532087-X) the Tenant
)
in the presence of
:-)

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__________________
AHMAD FADHLI BIN MOHD DAUD