Comments on: FAQs of Legal Fees and Stamp Duty Issues of Tenancy Agreement

By: sean

sean — Tue, 13 Jul 2010 05:23:03 +0000

What an interesting article.
I am currently looking at a lease and have had many meetings / discussions. Landlord has produced standard lease (typically a shopping center type) but property is a shop lot.
I cannot get them to change terms of lease. The standard answer is “we will give u undertaking in a letter but not in the lease” I cannot understand this. Can you shine any light on this one.

By: Sharon

Sharon — Fri, 11 Jun 2010 14:59:18 +0000

hello,
when the tenant wants to renew the agreement after the 1 yr period , do we have to pay for a new agreement or just pay stamp duty?

By: Yen

Yen — Wed, 19 May 2010 01:38:13 +0000

Hi,eddie

Question 1)
I have a simple copy of tenancy agreement (just a piece of paper). It is agree by landlord and tenant.Can I go to LHDN to stamping the copy?

Question 2)
As you say: An instrument may be stamped within 30 days of its execution if executed within Malaysia or within 30 days after it has been first received in Malaysia if it has been executed outside Malaysia

The copy already execute from April 2009 (payment had made),but the stamping still not yet make. What should i do if i do the stamping right now?

Question 3)
The period of rent is 10 years (5 years died and 5 year live).If i had make the stamping,i need to renew the copy for every year??

Please guide me.
Thank

By: YapCT

YapCT — Sun, 18 Apr 2010 09:46:34 +0000

Dear Eddie Law,
Please advise what should the landlord do when the tenant refuse to pay for the legal fees & stamping of tenancy agreement, even it was included as a clause in the agreement.

Tenancy Agreement was prepared at own arrangement without going through lawyer. The tenant has paid for the security & utilities deposit plus 1 month advance. But the tenant is denying that the legal fees & stamping are to be paid by them.

By: Sun

Sun — Wed, 25 Nov 2009 07:21:19 +0000

Hi Eddie
I find your info most helpful. If you don’t mind, may I ask:
1. I need to sign a tenancy agreement on my father’s behalf – how can I do this in Malaysia? Just a letter of authrisation or do I need a Power of Attorney, and if so, is there a simple sample so that it’s valid in Malaysia? and do I need to stamp the POA for it to be valid?
2. from your info above, just to re-confirm, so if a tenancy agreement is of value of less than RM2400 per month, i don’t need to stamp it, even if it’s, say, 2 different tenancy agreements, for 1st floor & gnd floor of the same property?
Awaiting your advice, Eddie & thank you.

By: Eddie Law

Eddie Law — Mon, 06 Jul 2009 05:58:35 +0000

Thanks Kai Fen.

By: Kai Fen

Kai Fen — Mon, 06 Jul 2009 05:56:18 +0000

very useful info..thanks eddie