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

By: margareth

margareth — Tue, 13 Sep 2011 03:42:26 +0000

Hi Eddie,

Thanks for this info.

I have a query regarding this stamp matter. Is it stampt on ONE original tenancy agreement kept by the landlord, or as tenant we also normally get the copy duly stamped?

thanks.

By: Fun

Fun — Fri, 09 Sep 2011 04:38:33 +0000

Hi Eddie
Appreciate your view on this.
My current tenancy agreement is not stamped although I have paid the money to the landlord. It will expires in 16 months time .Now there’s a change in management on the part of my landlord and the new office do not want to honour the existing agreement . They insist on a new agreement with increase rate and backdate commencement to July2011. I’m now require to pay for the new agreement and also rent at the new rate.
What’s your take on this base on existing law? Should I insist they honour the old agreement or should I just agree on the new terms and sign again? I know either way I’m the loser as there’s no gaurantee I will not be booted out in the end.

By: Edward

Edward — Fri, 15 Jul 2011 04:26:34 +0000

HI Eddie,
Refer Below answer, Mean agreeable between Landlord and tenant and the word is usually mean no legal said it must be the tenant rite?

Q6. Who shall bear for the stamping fees?

Ans: Again the law is silent on this point. However, based on market practice, usually the tenant is liable to pay for the stamping fees.

By: hass

hass — Fri, 08 Jul 2011 02:18:39 +0000

Can i rent out only a partial of my land but the whole?

By: jane

jane — Wed, 08 Jun 2011 12:01:54 +0000

i want to buy a house (RM265K-leasehold)& was asked to apply 4 loan 2 buy the land (43K)&then apply 4 another loan (house loan) – the bal (265K-43K)! am I being duped? why apply 4 2 loans to buy a leasehold house?

By: Eddie Law

Eddie Law — Thu, 05 May 2011 08:36:54 +0000

Hi Jacq – if paying stamp duty is an obligation of the tenant under the contract, and if he does not comply with it then he is in breach of the agreement. you can refer to the relevant clause in the agreement to see what is your rights if another party is in breach of one of the terms of the agreement.

By: Jacq Lim

Jacq Lim — Tue, 03 May 2011 13:33:16 +0000

Dear Eddie Law,
I have the same issue faced by YapCT.

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.

How can I convince the tenant ( by not mentioning that this is standard procedure/normal practice) to bear the cost of the stamping fee?

By: Steve

Steve — Thu, 21 Apr 2011 04:01:45 +0000

great info. tks

By: Jeiyaraj

Jeiyaraj — Mon, 04 Apr 2011 07:08:50 +0000

Hi Eddie,

Thanks for this informative article. Got a few questions:
1) Assuming the tenancy agreement is effective 1st April, & it’s now 4th April, with a monthly rental of RM350/-, my estimate on the stamp duty is RM7.20. Am I right?

2) My plan is to draw an agreement for 1 year, which can be renewed annually. My tenant insists on a 5-year agreement, without increase in rent. Can I insist on drawing an annual agreement?

By: Amethyst Song

Amethyst Song — Wed, 30 Mar 2011 14:17:19 +0000

Hi Eddie,

would like to seek for you advice for the following scenario.

we have move in to the house for about one month. owner keep dragging for the tenancy agreement, as he said he is busy.

The problem happened when one night, I reach home around 11.30pm. I try to open my room door with the key, but i failed. I asked another housemate for help. both of us failed to open the door using the key and nearly 45mins of effort.

that time was midnight, no way to call a lock smith to my house, so me and the other housemate decided to break the lock. we broke the door and some minor scratches on the door.

I plan to call the lock smith to replace the lock. In this case, who should be bearing the cost?

I told the owner, the owner refuse to bear the cost, and tell me that if i’m not happy with it, repair it and move out.

I would like to know, what can I do with this?