Tenancy Agreement: TA - Ws-Cshh-Duragate

Download as pdf or txt
Download as pdf or txt
You are on page 1of 12

TA–WS-CSHH–DURAGATE

TENANCY AGREEMENT

THIS AGREEMENT is made on the 15th day of March 2023.

BETWEEN

The party hereinafter referred to as “Landlord” whose name description and address
appears in Section 1 of Schedule A attached hereto of the one part.

AND

The party hereinafter referred to as “Tenant” whose name description and address appears
in Section 2 of Schedule A attached hereto of the other part.

IT IS HEREBY AGREED as follows: -

1. The Landlord is the beneficial owner of all that property (hereinafter referred to as
“the Said Property”) described in Section 3 of the Schedule A subject to this
Agreement, charges or other interests registered against the title of the Said Property
in the Register of titles.

2. The Landlord is desirous of letting and the Tenant is desirous of taking that portion of
the Said Property (hereinafter referred to as “the Demised Premises”) as described
in Section 4 of Schedule A including equipment and fittings as specified in the
Annexure A annexed hereto on the terms and conditions following.

3. The Landlord warrants that it has full rights and title to grant this Agreement and such
interests and rights mentioned in this Agreement to the Tenant.

4. The headings to this Agreement are for convenience of reference only and shall not
be used in construing the individual clause herein.

5. The Tenant has full knowledge of the state and condition of the Demised Premises.

6. The Landlord hereby lets to the Tenant the Demised Premises for a term
commencing from the time and for a period described in Section 5 of Schedule A
(“the Said Term”).

7. In consideration for clause 6 above, it is hereby agreed between the parties hereto
that the Tenant shall pay the monthly rental as stated in Section 6 of Schedule A
(“the Rent Reserved”) to the Landlord.

THE TENANT HEREBY AGREES AND COVENANTS WITH THE LANDLORD as follows: -

8. (a) To pay the Rent Reserved within the first seven (7) day of each and every
calendar month in accordance with the instruction stated in Section 8 of
Schedule A(“the Payment Instruction”).

(b) To place with the Landlord upon execution of this Agreement, a deposit in the
amount stated in Section 7 of Schedule A (“the Said Deposit”) which shall be
refundable free of interest to the Tenant upon the Tenant delivering up vacant

Page 1 of 12
TA–WS-CSHH–DURAGATE

possession of the Demised Premises on the expiry of this Agreement subject


however to the right of the Landlord before making the refund, to deduct from
such deposit sufficient amount to make good any damage to or reinstate the
Demised Premises which the Tenant agreed so to do under the term of this
Agreement, including any arrears of rent and settlement of all bills for utilities
(such as telephone, water and electricity etc.) and other services of which the
Demised Premises have the benefits of. The Tenant shall not set-off any rent or
outstanding payment due against the Said Deposit under this Agreement.

(c) To pay for all utility charges enjoyed by virtue of the Tenant’s occupation of the
Demised Premises such as electricity, telephone, internet, water and other
utility applied for by the Tenant. The Tenant shall apply for and pay all deposits
and sign in the Tenant’s name all agreements with the authorities concerned.
Upon termination of this Agreement, a joint inspection of the utility meters
concerned, if any, shall be made to determine the rates payable by the Tenant.

(d) Where the utilities for the Demised Premises are provided by the Landlord or
charged to the Landlord, the Tenant hereby irrevocably agrees to pay to the
Landlord the costs of all electricity, telephone and other utilities on maintenance
charges reasonably expended and incurred by the Landlord and for this
purpose the statement of account from the Landlord to the Tenant shall be final
and binding save for manifest error. Such sums shall be payable at the time
specified in such statement and failure to settle the same in time shall constitute
a fundamental breach of this Agreement.

(e) The Tenant shall pay for sewerage charges in respect of the Demised
Premises.

9. (a) To keep the interior of the Demised Premises including all doors window glass
all shutters’ locks fastening keys electric wiring and fittings and other fixtures
belonging to the Landlord in and upon the Demised Premises, the water closets
lavatories and conveniences which the Tenant has the use of in good and
tenantable repair and condition (fair wear and tear expected). Landlord shall
provide three (3) months warranty from the date of this Agreement to repair all
electrical and mechanical fittings/equipment in the Demised Premises. After the
warranty period, The Tenant shall at its own costs be responsible to repair,
maintain, replace any consumables items such as light bulb/tubes, fuses, filters
etc.

(b) Not to damage cut or alter any of the walls ceilings partitions timbers or floors of
the Demised Premises without the Landlord previous consent in writing and
approval by the Local Authority concerned. And nor without the like consent or
approval to make any structural or other alterations or additions to the Demised
Premises or any part thereof. The Tenant is deemed to have notice of the walls
which now exists and which delineates the Demised Premises within the Said
Property.

(c) Not to fix affix or install any further or additional electricity points equipment or
individual air-conditioner units in or about the Demised Premises without the
Landlord previous consent in writing (whose consent shall not be unreasonably
withheld).

(d) Not to dismantle or alter the electricity meter, wiring and plumbing apparatus
without the Landlord previous consent in writing and approval by the Local

Page 2 of 12
TA–WS-CSHH–DURAGATE

Authority concerned.

(e) Not to cause damages to any part of the premises compound access road with
heavy equipment vehicles containers.

10. To permit the Landlord its agents or workmen with prior notice 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 and sewerage as the Landlord may from
time to time require to be laid fixed in and led through the Demised Premises for the
general purposes of the Said Property otherwise and also to permit the Landlord its
agents or workmen to enter upon the Demised Premises for the purposes 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.

11. To permit the Landlord its agents or workmen at all reasonable times to enter upon
and view the conditions 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 or to other portion of the Said Property of which may form a part or to any
contiguous building not conveniently accessible otherwise than from or through the
Demised Premises.

12. If the Demised Premises should be in need of any repair for which the Tenant is
responsible under the terms of this Agreement, the persons or contractors or
workmen engaged to carry out such repairs must first be approved by the Landlord.
Such persons or contractors or workmen shall be deemed to be the Tenant’s agents
or contractor. The Tenant shall be responsible for any damages caused by such
agents or contractor to the Demised Premises and/or the Said Property.

13. Not to do or permit or suffer to be done anything whereby the policy or policies of
insurance on the Demised Premises or on the Said Property against damage by fire
may become void or voidable or whereby the premium may be increased. The Tenant
shall pay to the Landlord all sum expended by the Landlord by way of increased
premium and all expenses incurred by the Landlord in or about any renewal of such
policy or policies rendered necessary by breach or non-observance of this covenant.

14. (a) To cause such insurance or to make such contributions as required by Law from
time to time for the benefit or in favour of the employees, servants, agents,
licensees or invitees of the Tenant and to make all necessary payments
therefor. To produce on demand by the Landlord and within thirty (30) days a
copy of the insurance policy with the premium paid up to date, failing which such
breach would constitute a breach of this Agreement. Such insurance shall cover
any damage, injury, death or other loss howsoever caused to the persons within
the Demised Premises, the Said Property and corridors, driveways or otherwise
immediately adjacent to the Said Property.

(b) To cause to be insured all moveable and immoveable properties belonging to


the Tenant in or within the Demised Premises against damages or losses
caused by occasioned by fire, water, storm, tempest, earthquake, insects, theft,
burglary or explosion, riots or civil commotion enemy action and to pay all
premium payable promptly.

15. (a) During the term of this tenancy, the Tenant shall at all times hereafter save

Page 3 of 12
TA–WS-CSHH–DURAGATE

harmless and keep the Landlord indemnified against any demands, actions,
proceedings, claims, damages, penalties, cost and expense occurring on the
Demised Premises or Said Property which may be brought or made against or
incurred by the Landlord.

(b) The Tenant shall comply with all statutes, local authority’s regulations, by-laws
and conditions of title affecting the Demised Premises and the Tenant’s
business thereon which are now in force or which may be hereafter be enacted
and indemnify the Landlord against all loss, liabilities or proceeding arising from
non-compliance, non-observance or breach by the Tenant of any such statutes,
conditions, regulations or by-laws.

16. (a) 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
regulation or by-law or in respect of which an increased rate of insurance is
usually required and in particular not to store arms, ammunition or unlawful
goods, gunpowder, salt-petrel, petroleum product or any explosive or
combustible substance etc.

(b) Not to carry on or to permit or suffer to be carried on upon the Demised


Premises or any part thereof for any trade of a noxious or offensive nature.

(c) Not to bring in any pets or animals or items or carry out any activity with such
manner that may become illegal or a nuisance or annoyance to or in any way
interfere with the quiet occupation and comfort of the Landlord or any of the
other tenant or occupants of the Said Property and neighbouring buildings.

17. Not to assign, sublease or otherwise part with the possession of the Demised
Premises or any part or any interest therein without the prior consent in writing from
the Landlord.

18. To declare to the Landlord with sufficient detail the nature of the business to be
conducted in the Demised Premises and to obtain the written consent of the Landlord
before any change of the nature of the business, such consent shall not be
unreasonably withheld.

19. To pay to the relevant authorities concerned all rates or fees or other charges
payable in respect of the business of, or the use of the Demised Premises by the
Tenant in respect of the Tenant’s business. Norwithstanding any provision herein to
the contrary, if any, assessment levied on the Demised Premises by reason of the
Tenant’s users of the Demised Premises of the Tenant’s business carried thereon.

20. The Tenant shall ensure proper usage of the Demised Premises as stated by the
Local Authorities.

21. To have at all times a lawful and valid unexpired trading licence (if relevant) for the
business carried out by the Tenant on the Demised Premises and to have the same
conspicuously displayed on the Demised Premises together with such other licence,
permit, authorization required by Law in connection with the Tenant’s business. The
issuance of the trading licence by the Authority is a condition precedent to the
commencement of the Tenant business on the Demised Premises.

22. (a) Not to display or permit to be displayed sign boards, nameplates, placards,
notices or advertising media upon the external walls on the Demised Premises

Page 4 of 12
TA–WS-CSHH–DURAGATE

other than those connected with the business of the Tenant and approved by
the Local authority concerned. The size and location of such display must first
be approved by the Landlord in writing.

(b) The fixture of such display must be prepared and approved by a professional
engineer registered with the Board of Engineers of Malaysia and a copy to be
given to the Landlord for record purposes.

23. To keep the Demised Premises in a clean and tidy condition and to maintain all
fittings and displays on the Demised Premises of a reasonable standard provided that
there is no obligation on the part of the Landlord to provide electricity or lighting or
other common utilities in the event of a cut in electricity supply or other utility beyond
the control of the Landlord.

24. (a) At the expiration or sooner determination of this Agreement peaceably and
quietly to yield up the Demised Premises to the Landlord with all fixtures (except
Tenant’s fixtures) in good and tenantable repair and condition (fair wear and
tear expected) in accordance with the covenants hereinbefore contained.
Tenant shall remove all portable partitions and structure put up by the Tenant.
All other structures erected by Tenant that are connected or joined to the
existing structure of the Demised Premises, or standalone building or structure
erected within the Demised Premises shall not be removed unless instructed by
the Landlord in writing. In the event that Landlord requested the Tenant to
remove such structures, then Tenant shall remove the structures and to make
good any damages caused by such removal. Tenant shall also remove all
goods, fittings and fixtures brought into the Demised Premises during the
course of this Agreement, unless otherwise as instructed by the Landlord in
writing.

(b) In case of the Tenant fixing any air-conditioners on the Demised Premises at
the determination of this Agreement and the Landlord has not agreed in writing
that the requirement under clause 24(a) herein is not required, the Tenant shall
restore at the Tenant’s expense the walls to its original state and condition.

THE LANDLORD HEREBY AGREES AND CONVENANTS WITH THE TENANT as follows:

25. To pay and discharge all existing and future rates, fees, assessments or other
charges payable to the Government and the Local Authority in respect of the
Demised Premises.

26. To keep in good repair the main structure roofs and ceilings and other external parts
of the Demised Premises save where such repair is required due to the fault neglect
or default by the Landlord.

27. That so long as the Tenant shall pay the Rent Reserved, perform and observe this
agreement stipulations and covenants herein contained, the Tenant shall peaceably
hold and enjoy the Demised Premises during the Said Term of this Agreement
without any interruption by the Landlord or any persons lawfully claiming through or
under the Landlord.

28. At all times throughout the Said Term hereby created, to keep the Demised Premises
insured against loss and damage by fire and to pay the premium in respect thereof.

Page 5 of 12
TA–WS-CSHH–DURAGATE

PROVIDED ALWAYS AND IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO as


follows: -

29. If the rent hereby reserved or any part thereof shall be in arrear and unpaid at any
time for thirty (30) days after becoming due whether formally demanded or not or if
any covenants stipulations or agreements on the part of the Tenant herein contained
shall not be performed or observed or if the Tenant shall become bankrupt or wound-
up or in liquidation then and in any such 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 Agreement shall absolutely determine but
without prejudice to the Landlord’s rights of action in respect of any antecedent
breach or breaches of Tenant’s covenants herein contained.

30. Acceptance by the Landlord of any rent or other payment or any part thereof shall not
be construed by the parties as a waiver by the Landlord of any of the Landlord’s right
of action against the Tenant in respect of any breach by the Tenant or any of the
obligations hereunder nor operate to grant to the Tenant of any statutory or other right
over the Demised Premises. If such acceptance occurs after notice of termination for
breach of this Agreement has been given then any moneys so received shall be
deemed payment of damages and mesne profit to the Landlord.

31. If any time during this Agreement the Demised Premises or any part thereof shall be
destroyed or damaged so as to become unfit for occupation by fire tempest or other
inevitable cause except when such fire shall have been caused by any act or default of
the Tenant or the Tenant’s servants then the rent hereby reserved or a fair and just
proportion thereof according to the nature and extent of the damage sustained shall be
suspended or ceased to be payable until the Demised Premises shall have been
rendered fit for use.

32. The Landlord shall not be bound or compelled to rebuild or reinstate the Demised
Premises. In the event the Landlord deciding not to rebuild or reinstate the Demised
Premises then this Agreement shall determine and the Tenant shall peaceably and
quietly surrender leave and yield up to the Landlord possession of the Demised
Premises. Thereafter, in such event of determination of this Agreement, the Landlord
shall refund the deposit paid pursuant to Section 7 of Schedule A subject to such
permissible deduction upon delivery of possession of the Demised Premises.

33. If the Tenant shall for any reason whatsoever delay in the payment of the monthly
rent, or any sums specified herein, the Tenant shall pay to the Landlord interest on
such rent or sums at the rate of one per centum (1%) per month calculated on a daily
basis until such time as such rent or sums have been fully settled provided that
nothing herein contained shall prejudice or affect the right to terminate this Agreement
or the right of re-entry by the Landlord.

34. If because of the delay or failure on the part of the Tenant in making payment of the
monthly rents or other charges payable hereunder the Landlord has incurred
expenses in recovering or attempting to recover such rents or charges, then all such
expenses including legal costs and disbursements is to be reimbursed to the
Landlord by the Tenant forthwith in full.

35. The Said Term under this Agreement is fixed and firmed. In the event of early
termination by the Tenant, the Said Deposit shall be forfeited. Upon termination, the
Tenant shall render vacant possession of the Demised Premises back to the Landlord
according to the terms stated in this Agreement.

Page 6 of 12
TA–WS-CSHH–DURAGATE

36. The Tenant shall give written notice on intention to renew / extend this Agreement
three (3) months prior to the expiry date of the Said Term. If no agreement in writing is
reached by both parties upon expiry of the Said Term, this Agreement is deemed to
have terminated absolutely and the Tenant shall deliver vacant possession of the
Demised Premises to the Landlord immediately upon expiry of the Said Term.

37. The Landlord shall not be held liable in damages or otherwise to the Tenant the
Tenant‘s servants agents invitees or licensees for any damage injury personal or
otherwise, death or loss which may at any time be caused to or suffered by the
Tenant the Tenant’s servants agents invitees or licensees or any of them or by the
Demised Premises or any part thereof or to any common passages or stairways
thereto or to any property or goods of the Tenant or such persons as aforesaid in or
about the Said Property or the Demised Premises howsoever caused by or arising
from fire water storm tempest earthquake insects theft burglary or explosion riots or
civil commotion enemy action or by reason of the defective working stoppage or
breakage of any appliances pipes cables apparatus or lift or air-conditioning plant or
other machinery in or used for the purposes of the Said Property or any part thereof of
failure of supply of electricity or other supplies or in any way owing to the overflow of
water from any other part or parts of the Said Property or owing to the negligence of
any tenants of any other part or parts of the Said Property. Subject to the above, the
Landlord shall take all reasonable care to ensure that the places in or about the
Demised Premises or the Said Property are safe for use.

38. The Tenant irrevocably undertakes to indemnify the Landlord for any unpaid utility
charges (electricity, water, telephone, internet, sewerage charges) including rent in
arrears and other costs and expenses agreed to be paid by the Tenant under this
Agreement but this clause shall not impose on the Landlord an obligation to make
such payment on behalf of the Tenant.

39. Any notice in writing required to be served hereunder shall be sufficiently served on
the Tenant if addressed to and left at or sent by post to both of its address stated in
Section 2 of Schedule A and shall be sufficiently served on the Landlord if addressed
to the Landlord and left at or sent by post to its address stated in Section 1 of
Schedule A.

40. The illegality or unenforceability of any clause herein or the partial or non-
enforcement of any clause herein by the Landlord or any indulgence granted by the
Landlord shall not in any way prejudice the remaining clauses or howsoever prejudice
the subsequent enforcement by the Landlord of his right herein.

41. Words importing the singular or any gender shall include the plural or other genders
and where the context so admits the term Landlord shall include the Landlord’s
successors and assigns and the term Tenant shall include the Tenant’s successors
and permitted assigns. The expression “Authority” wherever used hereof means any
authority for the time being authorized under any written law in force in the Federal
Territory of Labuan to approve planning, permits, use of premises, licensing of
business, issuing trading licence and to enforce any other laws related thereto and
includes any corporations or private agencies licensed by the Authority to provide
water, electricity, telephone, sewerage services and other related services.

42. Schedule A and Schedule B hereto and all the contents therein shall be constructed
as an essential part of this Agreement.

Page 7 of 12
TA–WS-CSHH–DURAGATE

43. The keys to the Demised Premises shall be given to the Tenant after both parties sign
on this Agreement and Landlord receive payment of the Said Deposit and rent for the
first month.

44. Upon termination of this Agreement whether by breach or effluxion of time the
Landlord shall not be responsible for any loss or damage to any property belonging to
the Tenant left at or stored in the Demised Premises whether or not with the
knowledge consent or acquiescence of the Landlord and in such instance and unless
otherwise agreed the Landlord shall not be considered a bailee of such property.

45. Time is of the essence of this Agreement. Any indulgence whatsoever granted by the
Landlord shall not in any way be construed as a waiver of the rights of the Landlord.

46. The parties hereto agree that this Agreement is not to be registered under the
National Land Ordinance Code (Act 56 of 1965).

47. Each Party shall bear its own legal costs, charges and expenses incurred in
connection with the negotiations, preparation, and execution of this Agreement.

******The remaining space of this page is intentionally left blank******

Page 8 of 12
TA–WS-CSHH–DURAGATE

SCHEDULE A

Section 1
The Landlord : CSH HOLDINGS SDN. BHD.
[REGISTRATIO NO. 200901021681 (8647780k)]

Registered Address : U0371, 2nd Floor, Jalan Bunga Anggerik


87000 W. P. Labuan, Malaysia

Section 2
The Tenant : DURAGATE ENGINEERING& SERVICES SDN BHD

Registered Address : xxxxxxxxxxxxxxxxxxxxxxxx

Section 3
The Said Property : A unit of warehouse located at Lot 207508825
Jalan Rancha-Rancha,
87000 W.P. Labuan, Malaysia

Section 4
The demised Premises : Appendix B

Section 5
The Said Term : The Said Term consisted Three (3) years commencing from 15th
March 2023 and expiring on the 14th March 2026

Section 6
The Rent Reserved : Monthly rent RM14,000.00 is Ringgit Malaysia

Section 7
The Said Deposit : RM 28,000.00 (2 months Rental as Deposit)
RM 3,000.00 Utilities Deposit (Refundable)
If the monthly usages of total utilities exceed the Utilities Deposit
stated above, the Tenant agrees that the Landlord has the right to
increase this Utilities Deposit with sufficient amount to cover for
average two (2) consecutive months usage, whichever is the
highest.

Section 8
The Payment Instruction : To remit the monthly rent to the following bank account and
fax a copy of bank-in slip to 087- 428033

Bank : Public Bank Berhad, Labuan F. T.


Account Name : CSH Holdings Sdn Bhd
Account No : 3155 941 231 (current account)

Page 9 of 12
TA–WS-CSHH–DURAGATE

SCHEDULE B

Item 1 - Utilities Meter Reading, at the start of this Agreement

1.1 Electricity meter reading :

1.2 Water meter reading :

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

SIGNED for and on behalf of


The Landlord in the presence of: -

………………………………………..
Name: Tay
NRIC No:

SIGNED for and on behalf of


The Tenant in the presence of: -

………………………………………..
Name:
NRIC No:

Page 10 of 12
TA–WS-CSHH–DURAGATE

ANNEXURE "A"

LIST OF INVENTORIES

NO DESCRIPTION / LOCATION QUANTITY REMARK

Page 11 of 12
TA–WS-CSHH–DURAGATE

ANNEXURE "B"

Page 12 of 12

You might also like