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Pre Tenancy Agreement Template for Malaysia

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Key Requirements PROMPT example:

Pre Tenancy Agreement

"I need a Pre Tenancy Agreement for a commercial office space in Kuala Lumpur, with a booking fee of RM10,000 and a planned tenancy start date of March 1, 2025, including conditions about the landlord completing specific building security upgrades before the main lease begins."

Document background
The Pre-Tenancy Agreement is a crucial document used in Malaysian property transactions to bridge the gap between initial property viewing and the execution of a formal tenancy agreement. It serves multiple purposes: securing the property for the prospective tenant through a booking fee, establishing key terms for the future tenancy, and protecting both parties' interests during the preliminary phase. This document is particularly important in Malaysia's dynamic property market, where due diligence and formal arrangements are essential before committing to a full tenancy. The agreement typically includes property details, payment terms, conditions precedent, and the framework for transitioning to the main tenancy agreement, all while complying with Malaysian property and contract law requirements.
Suggested Sections

1. Parties: Identification of the prospective landlord and tenant, including full names, identification numbers, and addresses

2. Background: Context of the agreement, including the intention to enter into a tenancy agreement and the purpose of this pre-tenancy arrangement

3. Definitions: Key terms used in the agreement including 'Booking Fee', 'Property', 'Proposed Tenancy Period', and 'Intended Commencement Date'

4. Property Details: Full description and address of the property intended to be leased

5. Booking Fee: Amount of booking fee paid, payment terms, and conditions for refund or conversion to security deposit

6. Pre-Tenancy Period: Duration of the pre-tenancy period and the obligations of both parties during this time

7. Conditions Precedent: Conditions that must be fulfilled before proceeding to the main tenancy agreement

8. Rights and Obligations: Specific rights and responsibilities of both parties during the pre-tenancy period

9. Conversion to Tenancy: Process and requirements for converting the pre-tenancy agreement into the final tenancy agreement

10. Termination: Circumstances under which either party may terminate the pre-tenancy agreement and the consequences

11. Governing Law: Specification that the agreement is governed by Malaysian law

Optional Sections

1. Property Inspection: Details of any property inspection to be conducted, used when the property condition needs to be verified before proceeding

2. Renovation/Modification: Terms regarding any agreed renovations or modifications to be completed before tenancy, included when specific works are planned

3. Special Conditions: Any special requirements or conditions specific to the situation, used when standard terms need to be modified

4. Agent Details: Information about any real estate agent involved, included when the transaction involves an agent

5. Insurance Requirements: Specific insurance requirements for either party, included when insurance coverage is a prerequisite

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including address, land title details, and included fixtures and fittings

2. Schedule 2 - Payment Schedule: Breakdown of all payments including booking fee, proposed rental, and other charges

3. Schedule 3 - Property Condition Report: Initial assessment of property condition (if inspection has been conducted)

4. Appendix A - Proposed Terms of Tenancy: Key terms to be included in the final tenancy agreement

5. Appendix B - Required Documents: List of documents required from both parties for the final tenancy agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























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Relevant Industries

Real Estate

Residential Property

Commercial Property

Retail

Hospitality

Office Space

Industrial

Education

Healthcare

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Administration

Compliance

Property Management

Tenant Relations

Contract Management

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Facilities Manager

Property Administrator

Tenant Relations Manager

Contract Administrator

Real Estate Director

Operations Manager

Company Secretary

Compliance Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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