Digital legacy

https://www.thestar.com.my/tech/tech-news/2018/08/25/have-a-say-in-your-digital-legacy-by-writing-down-instructions-today/

Most people are reluctant to think about their own death and what happens to their estate, but in terms of their digital legacy, it’s essential to do so if they want to spare their family problems. Without the right data, it’ll be difficult or even impossible for them to gain access to a deceased relative’s Internet accounts.

Here are some tips from Germany’s Federal Association of Consumer Organizations on how best to take care of your digital legacy.

  • Write it down: It’s important to write down all login data for your Internet accounts and place the information somewhere relatives can find it. The easiest way is to write your usernames and passwords down on a piece of paper and keep them in an envelope in a safe place. It’s important to remember to update them as required.
  • Get a password manager: This is a programme that saves all your access data in one place and in encrypted form. Then all you have to remember is one password, the master password. You’ll have to let relatives know what this is so that they can have access if needed.
  • Choose a confidante: Users need to name a trusted person who’ll take care of any rights and obligations arising from contracts with online service providers if they die. The decision to give someone power of attorney needs to written down, dated and signed in a document.
  • Leave instructions: Users need to set down in writing what exactly they want done with their digital estate post-mortem. The consumer association advises giving a confidante detailed instructions for each service – for example, should the Facebook profile be deleted or left as a memorial? Instructions should also include directions on what to do with data on your computer, smartphone, tablet and so on.
  • Avoid service providers: There are companies that will, for a fee, handle a person’s digital legacy. However, the German association advises against using such services as it’s very difficult to judge their security and trustworthiness. Certainly in no circumstances should such a company be entrusted with your password information.
Posted in Money matters, Rockwills & Estate planning, Rockwills & Inheritance | Tagged , , , , , , | Leave a comment

Tenancy Agreements Malaysia, part 4

https://www.nst.com.my/property/2018/06/384991/special-conditions-tenancy-agreement

By NST PROPERTY – June 28, 2018 @ 11:45am
THIS is the final of a four-part series article intended as a simple guide to tenancy agreements for landlords who wish to rent. It covers tenancy agreements in Malaysia, what they are, why you need it as a landlord, the tenancy process, deposit amounts, and sample tenancy agreement as reference.
Special conditions
This final part defines what happens in the case of exceptions. We have added a side column to explain what each clause means in simpler terms.
Example:
Wording in the agreement
1. PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED BETWEEN BOTH PARTIES as follows:
1.1 If at any time the rent or any part thereof (whether formally demanded or not) shall remain unpaid or unsatisfied for seven days after becoming payable or if any of the tenant’s covenants shall not be performed or observed or if the tenant shall suffer execution on the demised premises or if the tenant shall become a bankrupt or being a company or corporation shall go into liquidation otherwise than for the purpose of amalgamation or reconstruction or if the tenant for the time being shall enter into any composition with the tenant’s creditors or suffer any distress or execution to be levied on the tenant’s goods then and in any of those events it shall be lawful for the landlord or any persons authorised by the landlord in that behalf at any time thereafter to reenter 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 any right of action or remedy of the landlord in respect of any breach of the tenant’s covenants herein contained.
Landlord can enter the property if tenant has not paid rent for more than seven days, or became bankrupt.
1.2 If the demised premises or any part thereof at any time during the term of tenancy be destroyed or damaged by any cause (other than the act or default of the tenant or any servant of the tenant or any person who is in the demised premises with his permission whether express or implied) so as to be unfit for occupation and use then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall again be rendered fit for habitation and use. If the demised premises shall not be rebuilt or reinstated by the landlord within one month after the event either the landlord or the tenant may at any time thereafter give to the other of them notice in writing to determine this tenancy and thereupon this agreement shall cease and be void as from the date of the occurrence of such damage or destruction but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant or of the landlord in respect of the rent hereby reserved until such date.
If the property is damaged and unsafe (but it wasn’t the tenant’s fault), the tenant does not need to pay rent until the property is made safe again
1.3 Notwithstanding anything herein contained, the landlord shall not be liable to the tenant nor shall the tenant have any claim against the landlord in respect thereof:-
landlord is not liable if:
1.3.1 Any interruption in any of the common facilities used and enjoyed in conjunction with the demised premises occasioned by reason of necessary repair or maintenance of any installations or apparatus or damage thereto or destruction thereof by fire, water, act of god or cause beyond the control of the landlord or by reason of mechanical or other defect or breakdown or other inclement conditions or unavoidable shortage of electricity or water telephone service or labour disputes.
Common facilities are unavailable (e.g. gym or swimming pool under repair)
1.3.2 Any damage injury or loss arising out of the leakage of the piping, wiring and other systems in the demised premise.
Tenant is injured, or tenant’s property is damaged because of water leaks
1.3.3 Any damage or loss of the goods and chattels of the tenant as a result of theft, robbery or any other willful and destructive act committed by outsiders beyond the control of the landlord.
Tenant’s possessions are stolen from the property
1.4 In the event the tenant shall be desirous of taking a tenancy of the demised premises for a further term, the tenant shall give the landlord two-month written notice of the same. Provided always that the terms and conditions of this agreement shall have been duly observed and performed by the tenant, the landlord shall grant the tenant a further term of tenancy as is specified in Section 11 of the Schedule hereto upon the same terms and conditions (save and except for this clause) and at a rental to be agreed upon.
If tenant wants to renew their stay, they should inform the landlord at least two months in advance, but the rent may be renegotiated.
1.5 The tenant shall not terminate the tenancy at any time before the expiry of the said term hereby created. In the event the tenant terminating the tenancy at any time before the said term hereby created, the landlord reserved the rights to forfeit the said security deposit as is specified in Section 9 of the Schedule. In the event the landlord terminating the tenancy at any time before the expiry of the said term, the landlord shall refund the two-month security deposit to the tenant and pay a further two-month rental as compensation provided there is no breach of contract on the part of the tenant.
After the period of 12 months, the tenant shall be entitled to terminate this tenancy agreement after giving the landlord two-month written notice before the expiry of the term hereby created in the event of any of the following:
If the tenant moves out early, the landlord can keep the security deposit. If the landlord ends the tenancy early, landlord must return the security deposit plus compensate the tenant an additional two month’s rental. Tenant is allowed to end the tenancy early (without losing their security deposit) in the event of the conditions below:
1.5.1 the tenant being a natural person or the occupant (in the case of the tenant being a company) shall be required to obtain the issue or renewal under the Immigration Act 1959/63 and the regulations made thereunder of a work permit for the tenant’s or, as the case may be, the occupant’s continued employment in Malaysia but shall be unable to obtain such work permit or the renewal thereof; or Tenant (if foreigner) is unable to renew their work permit in Malaysia
1.5.2 the tenant being a natural person or the occupant (in the case of the tenant being a company) shall be transferred out of state or country, then the tenant shall be entitled, if the tenant shall have performed and observed the several stipulations contained in the tenancy agreement and on the tenant’s part to be performed and observed, to terminate the tenancy in the manner as follows:
(i) by giving to the landlord not less than two-month notice in writing of termination together with reasonable evidence in the case under subclause 6.5.1, of the refusal of the work permit or the renewal thereof or in the case under subclause 6.5.2, of the death or resignation of the tenant or occupant (in the case of tenant being a company) or in the case under sub-clause 6.5.3, of the transfer of the tenant; or
(ii) by paying to the landlord two-month rental in lieu of notice thereof.
Tenant gets transferred to another city or overseas 1.6 Without prejudice to clause 6.1, the tenant shall pay interest on demand to the landlord on any monies which are or become due and payable pursuant to the provisions of this agreement or due upon judgment to the landlord until such time as all outstanding moneys including interest shall have been paid in full. The rate of interest applicable shall be at the rate of 10 per cent per annum and such interest shall accrue and be calculated on a daily basis.
Landlord is allowed to charge the tenant 10 per cent interest per annum for any money owed 1.7 In the event the landlord shall be desirous of selling the demised premises prior to the expiration or the term hereby created, the landlord hereby covenants undertakes and agrees that such sale shall be subject to this tenancy and shall procure the purchaser to continue with the terms and conditions of this agreement in lieu of the landlord and the tenant hereby agrees to allow prospective purchasers at all reasonable times to enter upon and examine the demised premises upon reasonable notice given by the landlord.
If the landlord sells the property to someone else, the new owner must continue renting the property to the tenant under the existing terms. As long as tenant is given advanced notification, they must allow potential buyers to come in and inspect the property.
1.8 All costs and incidental to the preparation and completion of this agreement including stamp duty shall be borne by the tenant and it is further agreed that all costs and disbursements incurred by the landlord (including the landlord’s solicitors’ fees on a solicitor and client’s basis) in enforcing his rights hereunder in the event of any breach by the tenant hereof shall be borne by the tenant.
Likewise, it is also agreed that all costs and disbursements incurred by the tenant (including the tenant’s Solicitors’ fees on a solicitor and client’s basis) in enforcing his rights hereunder in the event of any breach by the landlord hereof shall be borne by the landlord.
Tenant agrees to pay stamp duty for this tenancy agreement. If tenant sues the landlord for breach of contract, landlord pays the legal fees. If landlord sues the tenant for breach of contract, tenant pays the legal fees.
1.9 Any notice in writing under the terms and conditions of this agreement to be sent to either party hereto on the other shall be by prepaid registered post and shall be deemed to be sufficiently served at the time when in the ordinary course of post would have been delivered.
Any correspondence regarding the terms of this agreement should be sent by registered mail
1.10 No relaxation or forbearance delay or indulgence by the landlord in enforcing any of the terms and conditions of this agreement nor the granting of any time by the landlord shall prejudice affect and/or restrict the rights and powers of the landlord hereunder.
Just because the landlord did not take action if the tenant breached the contract previously, doesn’t mean they can’t take action in the future.
1.11 The schedule hereto shall be taken read and construed as an essential part of this agreement.
This article is written for informational purposes only and does not constitute legal advice from Recommend.my. You should always look for professional help before entering into a legally binding agreement.

Special conditions of tenancy agreement
By NST PROPERTY – June 28, 2018 @ 11:45amTHIS is the final of a four-part series article intended as a simple guide to tenancy agreements for landlords who wish to rent. It covers tenancy agreements in Malaysia, what they are, why you need it as a landlord, the tenancy process, deposit amounts, and sample tenancy agreement as reference.
Special conditions
This final part defines what happens in the case of exceptions. We have added a side column to explain what each clause means in simpler terms.
Example:
Wording in the agreement
1. PROVIDED ALWAYS AND IT IS HEREBY EXPRESSLY AGREED BETWEEN BOTH PARTIES as follows:
1.1 If at any time the rent or any part thereof (whether formally demanded or not) shall remain unpaid or unsatisfied for seven days after becoming payable or if any of the tenant’s covenants shall not be performed or observed or if the tenant shall suffer execution on the demised premises or if the tenant shall become a bankrupt or being a company or corporation shall go into liquidation otherwise than for the purpose of amalgamation or reconstruction or if the tenant for the time being shall enter into any composition with the tenant’s creditors or suffer any distress or execution to be levied on the tenant’s goods then and in any of those events it shall be lawful for the landlord or any persons authorised by the landlord in that behalf at any time thereafter to reenter 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 any right of action or remedy of the landlord in respect of any breach of the tenant’s covenants herein contained.
Landlord can enter the property if tenant has not paid rent for more than seven days, or became bankrupt.
1.2 If the demised premises or any part thereof at any time during the term of tenancy be destroyed or damaged by any cause (other than the act or default of the tenant or any servant of the tenant or any person who is in the demised premises with his permission whether express or implied) so as to be unfit for occupation and use then the rent hereby reserved or a fair proportion thereof according to the nature and extent of the damage sustained shall be suspended until the demised premises shall again be rendered fit for habitation and use. If the demised premises shall not be rebuilt or reinstated by the landlord within one month after the event either the landlord or the tenant may at any time thereafter give to the other of them notice in writing to determine this tenancy and thereupon this agreement shall cease and be void as from the date of the occurrence of such damage or destruction but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant or of the landlord in respect of the rent hereby reserved until such date.
If the property is damaged and unsafe (but it wasn’t the tenant’s fault), the tenant does not need to pay rent until the property is made safe again
1.3 Notwithstanding anything herein contained, the landlord shall not be liable to the tenant nor shall the tenant have any claim against the landlord in respect thereof:-
landlord is not liable if:
1.3.1 Any interruption in any of the common facilities used and enjoyed in conjunction with the demised premises occasioned by reason of necessary repair or maintenance of any installations or apparatus or damage thereto or destruction thereof by fire, water, act of god or cause beyond the control of the landlord or by reason of mechanical or other defect or breakdown or other inclement conditions or unavoidable shortage of electricity or water telephone service or labour disputes.
Common facilities are unavailable (e.g. gym or swimming pool under repair)
1.3.2 Any damage injury or loss arising out of the leakage of the piping, wiring and other systems in the demised premise.
Tenant is injured, or tenant’s property is damaged because of water leaks
1.3.3 Any damage or loss of the goods and chattels of the tenant as a result of theft, robbery or any other willful and destructive act committed by outsiders beyond the control of the landlord.
Tenant’s possessions are stolen from the property
1.4 In the event the tenant shall be desirous of taking a tenancy of the demised premises for a further term, the tenant shall give the landlord two-month written notice of the same. Provided always that the terms and conditions of this agreement shall have been duly observed and performed by the tenant, the landlord shall grant the tenant a further term of tenancy as is specified in Section 11 of the Schedule hereto upon the same terms and conditions (save and except for this clause) and at a rental to be agreed upon.
If tenant wants to renew their stay, they should inform the landlord at least two months in advance, but the rent may be renegotiated.
1.5 The tenant shall not terminate the tenancy at any time before the expiry of the said term hereby created. In the event the tenant terminating the tenancy at any time before the said term hereby created, the landlord reserved the rights to forfeit the said security deposit as is specified in Section 9 of the Schedule. In the event the landlord terminating the tenancy at any time before the expiry of the said term, the landlord shall refund the two-month security deposit to the tenant and pay a further two-month rental as compensation provided there is no breach of contract on the part of the tenant.
After the period of 12 months, the tenant shall be entitled to terminate this tenancy agreement after giving the landlord two-month written notice before the expiry of the term hereby created in the event of any of the following:
If the tenant moves out early, the landlord can keep the security deposit. If the landlord ends the tenancy early, landlord must return the security deposit plus compensate the tenant an additional two month’s rental. Tenant is allowed to end the tenancy early (without losing their security deposit) in the event of the conditions below:
1.5.1 the tenant being a natural person or the occupant (in the case of the tenant being a company) shall be required to obtain the issue or renewal under the Immigration Act 1959/63 and the regulations made thereunder of a work permit for the tenant’s or, as the case may be, the occupant’s continued employment in Malaysia but shall be unable to obtain such work permit or the renewal thereof; or Tenant (if foreigner) is unable to renew their work permit in Malaysia
1.5.2 the tenant being a natural person or the occupant (in the case of the tenant being a company) shall be transferred out of state or country, then the tenant shall be entitled, if the tenant shall have performed and observed the several stipulations contained in the tenancy agreement and on the tenant’s part to be performed and observed, to terminate the tenancy in the manner as follows:
(i) by giving to the landlord not less than two-month notice in writing of termination together with reasonable evidence in the case under subclause 6.5.1, of the refusal of the work permit or the renewal thereof or in the case under subclause 6.5.2, of the death or resignation of the tenant or occupant (in the case of tenant being a company) or in the case under sub-clause 6.5.3, of the transfer of the tenant; or
(ii) by paying to the landlord two-month rental in lieu of notice thereof.
Tenant gets transferred to another city or overseas 1.6 Without prejudice to clause 6.1, the tenant shall pay interest on demand to the landlord on any monies which are or become due and payable pursuant to the provisions of this agreement or due upon judgment to the landlord until such time as all outstanding moneys including interest shall have been paid in full. The rate of interest applicable shall be at the rate of 10 per cent per annum and such interest shall accrue and be calculated on a daily basis.
Landlord is allowed to charge the tenant 10 per cent interest per annum for any money owed 1.7 In the event the landlord shall be desirous of selling the demised premises prior to the expiration or the term hereby created, the landlord hereby covenants undertakes and agrees that such sale shall be subject to this tenancy and shall procure the purchaser to continue with the terms and conditions of this agreement in lieu of the landlord and the tenant hereby agrees to allow prospective purchasers at all reasonable times to enter upon and examine the demised premises upon reasonable notice given by the landlord.
If the landlord sells the property to someone else, the new owner must continue renting the property to the tenant under the existing terms. As long as tenant is given advanced notification, they must allow potential buyers to come in and inspect the property.
1.8 All costs and incidental to the preparation and completion of this agreement including stamp duty shall be borne by the tenant and it is further agreed that all costs and disbursements incurred by the landlord (including the landlord’s solicitors’ fees on a solicitor and client’s basis) in enforcing his rights hereunder in the event of any breach by the tenant hereof shall be borne by the tenant.
Likewise, it is also agreed that all costs and disbursements incurred by the tenant (including the tenant’s Solicitors’ fees on a solicitor and client’s basis) in enforcing his rights hereunder in the event of any breach by the landlord hereof shall be borne by the landlord.
Tenant agrees to pay stamp duty for this tenancy agreement. If tenant sues the landlord for breach of contract, landlord pays the legal fees. If landlord sues the tenant for breach of contract, tenant pays the legal fees.
1.9 Any notice in writing under the terms and conditions of this agreement to be sent to either party hereto on the other shall be by prepaid registered post and shall be deemed to be sufficiently served at the time when in the ordinary course of post would have been delivered.
Any correspondence regarding the terms of this agreement should be sent by registered mail
1.10 No relaxation or forbearance delay or indulgence by the landlord in enforcing any of the terms and conditions of this agreement nor the granting of any time by the landlord shall prejudice affect and/or restrict the rights and powers of the landlord hereunder.
Just because the landlord did not take action if the tenant breached the contract previously, doesn’t mean they can’t take action in the future.
1.11 The schedule hereto shall be taken read and construed as an essential part of this agreement.
This article is written for informational purposes only and does not constitute legal advice from Recommend.my. You should always look for professional help before entering into a legally binding agreement.

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Tenancy Agreements Malaysia, part 3

https://www.nst.com.my/property/2018/06/382779/obligations-tenants-landlords

By NST PROPERTY – June 22, 2018 @ 1:27pm
THIS is the third of a four-series article intended as a simple guide to tenancy agreements for landlords who wish to rent. It covers tenancy agreements in Malaysia, what they are, why you need it as a landlord, the tenancy process, deposit amounts, and sample tenancy agreement as reference.
TENANT’S COVENANT
The tenant hereby covenants with the landlord as follows:
1. Pay the rent on time
To pay the reserved rent on the days and in the manner aforesaid.
2. Pay the bills on time
To pay all charges in respect of water, electricity and gas consumed on the demised premises, including sewerage charges and all other utilities supplied to the demised premises according to the meters thereon and all charges for telephone (if any).
3. Take care of the fittings and furniture
During the term of tenancy, to keep the demised premises, the furniture, fixtures and fittings listed in the inventory hereto (if any) together with any additions thereto in a good and tenantable repair and condition (normal wear and tear accepted).
4. Not to run a business in the property
To use the demised premises as a place of residence in the occupation of one family only.
5. Follow the property management rules
To observe all the house rules and regulations made by the management of the complex (if any).
6. Do not use the property for anything illegal
Not to use the demised premises or permit or suffer the demised premises to be used for any unlawful or immoral purposes.
7. Do not annoy the neighbours
Not to suffer or permit anything to be in or upon the demised premises or any part thereof which may or is likely to be a nuisance, annoyance or danger to the owners and/or occupiers of adjacent and/or nearby units and premises and to indemnify the landlord in respect of any claims arising there from.
8. Keep the interior in good repair
At all times, to keep and maintain the interior thereof, including all doors, windows, glass, shutters, locks and fastenings and other furniture fixture fittings and additions thereto in good and tenantable repair and decorative condition and to replace and substitute the electric/fluorescent bulbs and all repair and maintenance below RM150 at its own costs during the term of tenancy.
9.Not modify or renovate anything without landlord’s permission
Not to make or permit any alteration in the construction or structure of the demised premises nor to cut, alter or injure any of the walls, timbers or floors of the demised premises nor to hack any holes or drive anything whatsoever into the walls or to bore any holes into the ceiling without the previous written consent of the landlord and if the teak timber finish of the floor (if any) is scratched and/or damaged, to varnish and restore the same to its original condition upon termination of this agreement.
10. Let the landlord know of structural problems
Forthwith to give the landlord notice in writing of any structural defects in the demised premises.
11. To repair or replace any damaged or lost items
To replace at the expiration or sooner determination of the term of tenancy such of the landlord’s furniture, fixtures and fittings and other property within the demised premises, as may have become damaged or lost by direct substitution in equivalent value and quality.
12. Not hold the landlord responsible for injury or damage
Save in so far as the Landlord is made liable therefore by statute not to hold the landlord liable for any accident damage or injury caused to the tenant, his servants, agents, licensees and invitees on the demised premises, which may happen as a result of the negligence improper management, breakage or want of repair of any part of the demised premises or any fittings, fixtures furniture and/or equipment therein and to indemnify the landlord for all damages arising therefrom.
13. Allow entry for inspection and repairs
To permit the landlord and his duly authorised representatives upon giving seven days prior notice in writing at all reasonable times to enter upon and examine the condition of the demised premises, whereupon the landlord shall be entitled to serve upon the tenant a notice in writing specifying therein any repairs necessary to be carried out and requiring the tenant to forthwith to execute the same and if the tenant shall not within 14 days after service of such notice proceed diligently with the execution of such repairs or works then the landlord with or without workmen and others shall be entitled to enter upon the demised premises and execute the repairs and the tenant agrees that the costs thereof shall be a debt due from the tenant to the landlord and be forthwith recoverable by action.
14. No subletting
Not at any time during the term of tenancy without the consent in writing of the landlord to assign, sub-let or otherwise part with the possession of the demised premises or any part thereof or permit of suffer any other person or persons to hold or occupy the same or any part thereof.
15. Not do anything that may impact
the insurance
Not to do or permit to be done on the demised premises anything which may or will infringe
any of the laws, bye-laws or regulations made by the government or any competent authority affecting the demised premises or where the policy or policies of insurance against loss or damage by fire may become void or voidable or where the rate or rates of premium payable thereon may be increased and to repay the landlord all sums paid by way of an increased premium.
16. Maintain the air-conditioning units
To maintain and service all the air-conditioning units (if any) within the demised premises as and when necessary during the term of tenancy at the tenant’s own costs. Provided always nothing herein shall make it incumbent on the tenant to compensate for any major replacement or extensive repairs to the air-conditioning units save and except where replacement or repairs are caused by the negligence of or misuse by the tenant, its servants and/or agents or through lack of maintenance. Tenant to service the air-conditioning units during the tenure period every once a year.
17. Insure tenant’s own belongings
To insure his own valuables and belongings, including all additional furnishings fixtures and fittings brought thereon the demised premises against loss and damage by fire or theft during the term of tenancy.
18. Give back the property and interiors in good condition
At the expiration or sooner determination of the term of tenancy hereby created to peaceably and quietly yield up the demised premises to the landlord with all the furniture, fixtures and fittings (except the tenant’s fixtures and fittings) therein in tenantable repair in accordance with the tenant’s covenants herein before contained.
19. Allow viewings near the end of the tenancy
During four clear weeks immediately preceding the termination of the tenancy unless the tenant shall have given notice of his intention to renew the tenancy as hereinafter provided, to permit persons with the written authority from the landlord at all reasonable times of the day to view the demised premises for the purpose of letting the same.

OBLIGATIONS OF THE LANDLORD
The next section covers the responsibilities and obligations of the landlord. We have added a side column to explain what each clause means in simpler terms.
Example:
Landlord’s covenant
The landlord hereby covenants with the tenant as follows:
1. Pay property tax
To pay the quit rent assessment, service charges and other outgoing relating to the demised premises other than those herein agreed to be paid by the tenant.
2. Insure the property
To insure and keep insured the demised premises, furnishings, fixtures and fittings belonging to the landlord against loss and damage by fire during the term of tenancy.
3. Leave the tenant alone
Upon the tenant paying the rent hereby reserved and observing and performing the covenants, obligations and stipulations herein on his part contained, to allow the tenant to peaceably hold and enjoy the demised premises without any interruption from the landlord or any persons rightfully claiming through under or in trust for him.
4. Ensure appliances are working
To ensure that all the electrical appliances supplied as listed in the inventory are in good working order at the commencement date of this agreement.
This article is written for informational purposes only and does not constitute legal advice from Recommend.my. You should always look for professional help before entering into a legally binding agreement.
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Making graduates more employable

http://www.theedgemarkets.com/article/my-say-making-graduates-more-employable

This article first appeared in Forum, The Edge Malaysia Weekly, on November 6, 2017 – November 12, 2017.

Malaysia’s Household Income and Basic Amenities Survey 2016 revealed some interesting facts.

First and foremost, the country’s median and mean household incomes continued to increase steadily, benefiting from the relatively resilient domestic economy, although the pace of growth during the period under review slowed from that in the previous survey. Second, income distribution improved as reflected by a fall in the Gini coefficient, a measure of statistical dispersion that economists use to assess income disparity between the rich and the poor.
So far, so good. But what would the scenario be like in, say, 5 to 10 years? Indeed, though our labour market fundamentals remain respectable, the number of unemployed graduates has kept rising over the years. If this trend continues, the income gap may widen. Certainly, worries about the income levels of young people will persist, especially in view of the rising cost of living.
There has been widespread debate on the possible reasons for graduate unemployment. Of these, two have often been cited: (1) low proficiency in the English language; and (2) graduates’ lack of exposure to real-world situations.
In terms of language proficiency, my discussions with industry employers revealed that foreign employers favour Malaysia over other countries because of our language advantage. We have a pool of workers who can communicate in English. Foreign employers, not just those whose mother tongue is English, feel more comfortable when dealing with employees who can at least understand English. All along the supply chain, proficiency in the language is a highly desirable skill, as attested to by the majority of employers.
It is therefore unfortunate that mastering English is still somewhat of a problem for Malaysian graduates. In fact, many of them cannot express themselves adequately at job interviews. Not only do they struggle with the language but they also lack confidence. These clearly present issues for those seeking employment in the services sector, where effective communication is a key skill.
In fact, in my experience, employers normally take no more than five minutes to judge the communication skills of interviewees before deciding whether or not to employ them. The better they speak, the more attractive they are to potential employers. In fact, specific knowledge of the work they are applying for is secondary. After all, companies normally have their own training programmes to raise their employees’ competences.
Second, real-world experience counts. It is not really graduates with straight As that employers are looking for. Unfortunately, in Malaysia, students do not seem to focus on getting real-world experience. Instead, they concentrate on scoring good grades. Not surprisingly, at secondary-school level, students try to take as many examination subjects as possible to score many As in order to secure scholarships. Even at university, not many seem interested in gaining work experience prior to their graduation.
To be fair, things have changed in recent years. For secondary-school students, involvement in extra-curricular activities counts when applying to enter a college or university. For university students, internship programmes do help in getting real-world experience. These are undoubtedly positive changes.
There are certainly no shortcuts to solving these problems. The government’s effort to upgrade the language skills of English teachers is a good start as they must be comfortable with conversing in the language with their students. Encouraging students to watch appropriate English programmes on television could help as well.
In fact, I have come across a growing number of primary-school children who can converse effortlessly in English (some with an American accent even) because they watch the Disney channel on TV. The challenge for policymakers here is thus to find ways to meaningfully expose less-privileged children to such proficiency-building TV programmes.
Another equally important factor is the general knowledge of graduates. Improving their grasp of it increases their employability tremendously as this demonstrates their initiative and interest in the world around them. In my experience, employers are turned off during interviews when graduates lack awareness of what is happening in the world.
Having some basic knowledge of politics, business, economics, technology and so on greatly enhances the employability of graduates. This is where the reading habit of students makes a difference. University subjects that involve deep discussions of global developments can also improve the general knowledge of graduates. I have seen this taking place at secondary-level international schools, and the results are very impressive. Even 15-year-old students can discuss issues related to the economies of Myanmar and North Korea.
As for gaining real-world experience, the problem is a bit more complex. Students often complain that they never get a chance to be exposed to the working world because it is not easy to get a place to do internship. Not many Malaysian companies like to take on undergraduates for two or three months. Even if they do, they usually do not have structured training programmes in place for interns. As a result, only the cream of the crop and those with good connections are selected by business organisations for internship.
To address this, a central body could be established to bridge the gap between university students and industries. This is crucial because many students rely on their universities to advise them on places for internship. Unfortunately, universities do not normally have strong connections with industry or extensive information about organisations that provide such opportunities. Thus, a centralised body would act as an effective intermediary in matching students with organisations for short-term internship programmes.
In more advanced economies, students — even those at secondary-school level — get credit for their effort to find part-time or temporary jobs during the long school breaks (for example, the summer holidays). These jobs could even be administrative positions at their schools. Gaining such experience can help students get a feel of working with others.
There are international secondary schools in the Klang Valley that encourage their students to take up such opportunities. Their teachers plan short internship programmes and even evaluate the results of these initiatives upon their conclusion. Such properly planned and executed initiatives help give students real-world experience at a young age. Of course, the personal safety of students must not be overlooked.
Nor Zahidi Alias is chief economist at Malaysian Rating Corp Bhd. The views expressed here are his own
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Tenancy Agreements Malaysia, part 2

https://www.nst.com.my/property/2018/06/379903/drafting-and-stamping-tenancy-agreement

By NST PROPERTY – June 14, 2018 @ 12:53pm

THIS is the second part of a four-part series article to be used as a simple guide to tenancy agreements for landlords who wish to rent.

It covers tenancy agreements in Malaysia, what they are, why you need it as a landlord, the tenancy process, deposit amounts, and sample tenancy agreement as a reference.

SIGNING OF TENANCY AGREEMENT

When you and your tenant have come to an agreement on the tenancy agreement, both parties need to sign it.

However, it is not a valid legal document (ie. admissible in court) until it is stamped by Lembaga Hasil Dalam Negeri Malaysia (LHDN) or Inland Revenue Board of Malaysia.

You can bring the agreement to your nearest LHDN office to get it stamped.

There will be a charge for this, known as the stamp duty.

During your visit to the LHDN office, you will also be asked to submit two application forms, namely PDS 1 and PDS 49(A). You can view these forms at the LHDN website.

Structure of a tenancy agreement (and downloadable template) Tenancy agreements, like any other legal document, are carefully worded by lawyers to make sure that there is minimal room for misinterpretation.

Unfortunately, that also makes it full of legal jargon that can be difficult to understand.

Here we provide a simple breakdown of the common clauses found in a tenancy agreement.

We have also provided a sample tenancy agreement containing all the clauses mentioned below. You can download and amend it as needed. Download sample tenancy agreement.

DEFINING THE AGREEMENT

The next part of the document establishes some definitions, including the “landlord”, “tenant”, and “demised premises”.

To make the paperwork easier, the first part of the agreement does not contain any actual details of the property, contact details, rental amounts, etc. It simply refers to a separate section known as the “Schedule” and the “Inventory”. All the actual information is entered in the Schedule.

Defining the duration of the tenancy, rental amount and deposits

The next three clauses specify the tenancy start and end date, rental amounts as well as the security deposit and utility deposit. Again, all the actual deposit amounts are included in the “Schedule” section later on. Example:

Now this agreement witnesseth as follows:

1. Agreement to let

The landlord hereby lets and the tenant hereby takes a tenancy of the demised premises together with the use and enjoyment of the common facilities used in conjunction with the demised premises to be held by the tenant for the term of tenancy specified in Section5of the schedule hereto (hereinafter referred to as the “Term of Tenancy”) from the date specified in Section 6.1 of the schedule hereto (hereinafter referred to as the “Commencement Date”) to the date specified in Section 6 of the Schedule hereto (hereinafter referred to as the “Expiry Date”) at an agreed monthly rental specified Section 7 of the schedule hereto (hereinafter referred to as the “Reserved Rent”) payable in advance by the date of each and subsequent calendar month specified in Section 8 of the schedule hereto and subject to the terms and conditions hereinafter contained.

2. Rental

The tenant shall upon execution of this agreement pay the landlord the sum specified in Section 9 of the Schedule hereto (receipt whereof the landlord hereby acknowledges) (hereinafter referred to as the “Deposit”) as security for the due observance and performance by the tenant of all his duties and obligations hereunder and on its part to be performed and fulfilled. The deposit shall be maintained at this figure during the term of tenancy and shall not without the previous written consent of the landlord be deemed to be or treated as payment of rent and the same shall be returned to the tenant free of interest within a period of not more than thirty (30) days from the date of expiry or sooner determination of the term hereby created less any sum as may then be due to the landlord for damage caused to the demised premises by the tenant (damage due to normal wear and tear excepted).

3. Deposit

The tenant shall also upon the execution of this agreement pay the landlord the sum specified in Section 10 of the schedule hereto (hereinafter referred to as the “Utilities Deposit”) as deposit towards water, electricity, gas and sewerage charges. The utilities deposit less any sums as may then be payable by the tenant (if any) towards such utilities shall be refunded free of interest to the tenant on the expiry or sooner determination of the term hereby created.

This article first appeared on Recommend.my. It is written for informational purposes only and does not constitute legal advice from Recommend.my. You should always look for professional help before entering into a legally binding agreement.

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Tenancy Agreements Malaysia, part 1

https://www.nst.com.my/property/2018/06/377569/guide-tenancy-agreements-malaysia#cxrecs_s

Guide to tenancy agreements in Malaysia
By NST PROPERTY - June 7, 2018 @ 2:46pm

THIS is the first of a four-part series article intended as a simple guide to tenancy agreements for landlords who wish to rent out their property in Malaysia.

It covers tenancy agreements in Malaysia, what they are, why you need it as a landlord, the tenancy process, deposit amounts, and sample tenancy agreement as reference.

RENTING OUT PROPERTY IN MALAYSIA
Even though the profit from rental property has dropped over the years (a landed house will fetch 2.5 per cent rental yield today versus five per cent a decade ago), it’s a tried and tested way to generate income while owning an appreciating asset.

However, while many people think that rental income is equivalent to passive income, this is not always true. There are many expenses and much effort needed when it comes to managing a rental property. These include listing costs, property agent fees, as well as upkeep of the property (during and in between tenancies).

There are hidden costs, too, especially if you run into problems with your tenant. If you don’t have a tenancy contract drawn up between you and the tenant, it will be harder to resolve any disputes. A prolonged dispute can quickly cancel out any profits that you have gained from the rental income.

That’s why a clearly-worded tenancy agreement is important to protect both the landlord and the tenant’s welfare.

WHAT IS A TENANCY AGREEMENT?
A tenancy agreement is a legal contract between the landlord and the tenant. It covers the responsibilities of both sides for the duration of the tenancy.

To make the tenant agreement as complete as possible, a landlord can hire a lawyer to draft it out. And the tenant can engage their own lawyer to review the agreement and make any changes before signing.

But hiring a lawyer to draft a tenancy agreement can be expensive. So, many people choose to draft their own agreement and ask the other party to agree to it.

A word of caution about tenancy contracts in Malaysia: there are no government regulations about what can and cannot be added. If either party is not careful, one side can add lots of unfair clauses in their own favour.

Until the Residential Rent Act comes into effect, the tenancy agreement is the only document that protects the rights of the landlord and the tenants.

Property expert Mark Chua prefers to think of tenancies as business arrangements. As he puts it: “(He) is not my tenant. I am not his landlord. We are equal business partners aiming for a win-win relationship.”

WHAT SHOULD BE INCLUDED IN A TENANCY AGREEMENT
There are many details to cover. And the details have to be worded carefully so that there is minimal room for misunderstanding.At its basic level, a tenancy agreement should cover these items:

• The details of the property being rented (type of house, address).
• The purposes of rental (in this case, residential).
• The duration of the tenancy.
• The rental amount.
• The deposit amounts.
• How and when the monthly rental will be paid.
• What will be provided by the landlord as part of the tenancy (such as furniture, utilities).
• The obligations of the landlord throughout the tenancy.
• The obligations of the tenant throughout the tenancy.
• What happens in case of disputes.
• Renewal clauses.

WHEN IS TENANCY AGREEMENT SIGNED?
The landlord and tenant will sign the tenancy agreement when the security deposit is paid. Here is the typical sequence:

1. After you have renovated your property (and optionally furnished it), you can put it on the rental market, or engage a property agent to help you.
2. Your rental property can also be added to many rental listing websites in Malaysia, including iProperty, PropertyGuru, Wonderlist, and Speedrent.

3. After the potential tenant has viewed the property and is agreeable to the terms of rental, they will give you a letter of offer, together with an earnest deposit.
4. Within seven days, the tenancy agreement needs to be signed by both parties. The tenant will also pay a security deposit and utility deposit.
5. Finally, the signed tenancy agreement is stamped and becomes an official legal document.

DEPOSITS NEEDED IN RENTAL AGREEMENT
There are three deposits in total:

• Earnest deposit: It is basically a booking deposit, or a deposit to “reserve” the property so that the landlord will not rent the property to anyone else for the next seven days. The amount is equivalent to the first month’s rent. It can be kept in escrow by the property agent. When the tenancy starts, the earnest deposit is usually considered the first month’s rent. Or, it can be used as the security deposit, or it can even be returned to the tenant.

The earnest deposit is also accompanied by a signed “letter of offer” from the tenant. This is a simple one-page document that signifies the tenant’s intent to rent the property.

• Security deposit:This is collected to protect the landlord in case the tenants violate the terms of the tenancy. The amount is usually equivalent to two month’s rent. It can be used to pay for damages, cleaning, keycard replacements, or even be forfeited entirely if the tenant leaves before the tenancy has ended. But if there are no problems by the end of the tenancy, the full amount is returned to the tenant.

• Utility deposit: This is paid to cover any outstanding utility bills at the end of the tenancy, such as gas, electricity and water. The amount is usually equivalent to half a month’s rent.

The security deposit and utility deposit is paid at the same time as the signing of the tenancy agreement.

This article first appeared on Recommend.my. It is written for informational purposes only and does not constitute legal advice from Recommend.my. You should always look for professional help before entering into a legally binding agreement.

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India now allows living wills

http://www.bbc.com/news/world-asia-india-43341155

This would apply to patients suffering from terminal illness and who are in a vegetative state.

A living will sets out a patient’s wishes regarding how they want to be treated if they are seriously ill.

The Indian judges said the right to die with dignity was a fundamental right and that an advance directive by a person in the form of a living will could be approved by the courts.

Petitioners, who had argued that people have the right to die with dignity if they are suffering from a terminal illness, hailed the judgment.

“Today’s is a landmark judgement because it comes at a time when medical science allows patients to be kept alive by artificial means and the hospitals to keep charging money,” Vipul Mudgal, the head of main petitioner Common Cause, an advocacy group, told the BBC.


Passive euthanasia

When a patient dies because medical professionals either do not do something necessary to keep the patient alive, or stop doing something that is keeping the patient alive. This might include:

  • switching off life-support machines
  • disconnecting a feeding tube
  • not carrying out a life-extending operation
  • not administering life-extending drugs

It remains unclear, however, how courts could guarantee that living wills were not drafted by patients under coercion.

In 2011, India’s top court had ruled that life support could be removed for terminally ill patients in exceptional circumstances.

While rejecting a plea to end the life of a woman who had been in a vegetative state since 1973 in the city of Mumbai after being raped and strangled, the court had said some cases of euthanasia could be sanctioned if doctors were to file a case in court.

Aruna Shanbaug, who was left with severe brain damage and paralysed after the 1973 attack by a ward attendant in the Mumbai hospital where she worked, died in 2015.

Her death sparked a national debate over euthanasia.

The 2011 judgement had put the onus on doctors to petition to withdraw life support, under the supervision of the courts. Previously all forms of euthanasia were illegal in India.

On Friday, judges of India’s Supreme Court outlined detailed “guidelines” for facilitating passive euthanasia.

The court said that family members and relatives of terminally ill patients seeking passive euthanasia could go to court to have it sanctioned. A team of doctors would then be appointed by the court to decide if it is needed.

There have been a number of requests for active euthanasia – any act that intentionally helps another person kill themselves – by Indians which have been rejected by courts and authorities.

In 2008, Jeet Narayan, a resident of Uttar Pradesh state, wrote to the then Indian president Pratibha Patil seeking permission to end the lives of his four bed-ridden, paralysed children. The president had rejected the plea.

In 2013, Dennis Kumar, a porter from Tamil Nadu, sought permission from the authorities to end the life of his infant son, who had been suffering from a congenital disorder. The plea was rejected by a court.

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TMI: Many EPF contributors yet to nominate beneficiary

https://www.themalaysianinsight.com/s/29933/

A WAIT-and-see attitude and lack of awareness are two reasons many Employees Provident Fund (EPF) contributors have yet to name their beneficiaries.

Congress of Unions of Employees in the Civil Service (Cuepacs) Kedah branch chairman Mohd Fadzil Md Isa said many also mistakenly believe that their relatives would be able to easily file a claim for their savings in the event of the their death.

“Many of them are thinking, let them figure it out for themselves when I pass away.

“What they do not know is that they are only making it difficult for their family members to make a claimed. Without nomination, the process will take longer,” he told Bernama.

Fadzil said marital status was another factor for delay in nominating a beneficiary.

“The nomination is felt to be less significant when one is still single and has few responsibilities. However, once you are married, you will be more occupied and will hardly have time to go to the EPF office. So, this matter will drag on until something happens to the contributor,” he said.

In fact, Fadzil said the notion that the deceased’s EPF savings would be distributed through “faraid” (division of wealth according to Islamic law) must also change.

“As Muslims, we are encouraged to follow the faraid system in the division of assets, including the EPF contributions, in the event of death. The beneficiary acts as ‘wasi’ (executor) or administrator who is responsible for distributing the savings of the deceased to other eligible beneficiaries.

“In short, the EPF nomination is the best way to facilitate the claim process.

“When the beneficiary is nominated, all parties are aware of who is entitled to the money. So, there is no need to waste time searching for the beneficiary before the savings are distributed according to the faraid system,” he said.

Meanwhile, quantity surveyor Nur Atiqah Che Hassan, 24, said she had not nominated a beneficiary because she did not understand the process and did not know how to go about it.

“Maybe there is not (enough) publicity on the matter. I am the only one in the family working in the private sector and other family members are civil servants who would receive a pension.

“Despite being a contributor since 2015, I have not nominated a beneficiary until now. I will  probably do so later. However, I have no idea when I will do it,” she said.

Mohd Zulkarnain Isa, 37, said he only made the nomination after the arrival of his first child about three years ago.

The maintenance engineer said he had never thought of doing it before because he did not think it was important.

“Everything changed when my first child was born. There was concern for my son and wife should something happen to me. After taking advice from an EPF officer, I immediately made the nomination as a guarantee for my family and their future,” he said.

Shaidah Sahir, 43, said she never had time to do it until October.

“After working and contributing for 10 years, I eventually made the nomination after my colleagues convinced me how important it was to prevent complications in the distribution of my savings in the event of death,” she said.

Shaidah said although she had heard of her colleagues facing difficulties in claiming EPF savings after a relative’s death, it had no effect on her.

“I only thought about it when I thought about the fate of my child should I die. Luckily, it is not too late, and in fact, the process was not that complicated,” she said.

For Mohd Fikri Abu Hassan, the difficulty he experienced claiming his mother’s savings was an eye-opener.

“It’s a long and tedious process. After the experience, I went straight to make the EPF nomination as I do not want my wife or son to go thorough the same thing,” he said. – Bernama, December 28, 2017.

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Daily Express: Don’t complicate EPF claims: Widow

http://www.dailyexpress.com.my/news.cfm?NewsID=121977

Kota Kinabalu: “Do not take lightly the need to name nominees for our savings in the Employees Provident Fund (EPF) because it is important for the future of our beneficiaries,” said a private sector employee who requested to be identified as Laili.

The mother of the two said her experience of claiming her late husband’s EPF savings, which took her three months, made her realise how crucial it was to name and update EPF nominees.

In an interview, Laili, 36, said many EPF subscribers might think that it was not important to name their nominees, or that the matter could be delayed, without thinking that death could come to them anytime.

“Therefore, there is no harm in taking 30 minutes of our time to go to the EPF office and fill in the nomination form to facilitate and expedite our children, spouse or parents to claim our savings when we are no longer around,” she said.

Relating her experience in making the claim on her late husband’s EPF savings, Laili said she wasted a lot of time and money going back and forth until the matter was resolved.

She said she had to live on a tight budget to ensure there were sufficient funds for her and her children to survive on during the lengthy and tedious process before she could get her late husband’s savings.

On the first day at the EPF office, she said an officer explained to her the process of making the claim, including the forms she had to fill and the necessary supporting documents she had to furnish.

“However, the officer told me that in my case, the process was going to be complicated because after checking details in the EPF system, it was found that my husband had not made any nomination for me or my children as his beneficiaries,” she said, adding that the case had to be referred to the syariah court.

When she went to the Syariah Court, Laili said she was given a “faraid claim” form to fill and after filling in the details she had to return to the office once again to submit the form.

She said there were also other procedures she had to comply with, including inserting her husband’s obituary in three local newspapers for three consecutive days.

“This was to ascertain that my husband had no other wives or children,” she added.

After completing all the requirements, including taking an oath, Laili said her claim application was approved and the syariah court issued a property division order for submission to the EPF.

On her part as an EPF subscriber, Laili said she had named her nominees since she was 23 and had updated the nomination to include her children.

“Don’t make it difficult for your next-of-kin to claim your savings. I am lucky to have a job, but imagine those who are unemployed and with small children. Who are they going to turn to when their spouse, children or parents are gone?” she said.

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Bernama: EPF announces changes on policies, including withdrawals

http://www.freemalaysiatoday.com/category/nation/2017/12/15/epf-announces-changes-on-policies-including-withdrawals/

KUALA LUMPUR: The Employees Provident Fund (EPF) announced four enhancements to its schemes and policies effective next month, as part of EPF’s continuing effort to improve and meet members’ increasing expectations.

EPF chief executive officer Shahril Ridza Ridzuan said the key initiatives included the option to appoint Amanah Raya Berhad (ARB) as nominee or administrator trustee, enhancement to “Age 55 and 60” policies withdrawal payment options, flexible withdrawal policy until age 100 and extension of Death Benefit from age 55 to 60.

He said the option to appoint Amanah Raya as nominees or administrator trustee for members’ EPF savings would facilitate faster and equitable distribution of their savings to next-of-kin, upon members’ demise.

“This will be especially beneficial for members with children below 18 years old and to avoid dispute among family members… this new option is in addition to members’ rights to appoint any individual persons as nominees,” he told reporters at a media briefing, here yesterday.

Shahril said for the “Age 55 and Age 60” withdrawal policies, it has now been enhanced and simplified to enable members to make partial withdrawals of any amount at any time.

He said the improved flexibility is opposed to the current policy that only allowed withdrawals of a minimum RM2,000 once every 30 days.

“Members who choose to make monthly withdrawals will be able to withdraw from as low as RM100 per month, as opposed to RM250 under the current policy,” he said.

He added, to help members plan their long-term retirement needs and decide on the optimum withdrawal amount and frequency, the EPF urged members to take advantage of its Retirement Services provided for free at its 18 branches nationwide.

Other enhancements that will be done are the flexible withdrawal policy which allows members to withdraw any amount at any time for partial withdrawals, which has been extended up to age 100 from current age cap of 75 years old.

“Members may also opt to make a combination of monthly and partial withdrawals… this enhancement is in line with the extension of dividend payment from age 75 to 100,” he said.

Shahril also announced that the current death benefit of RM2,500 claimable if the member dies before age 55, will be extended until age 60.

“The enhancement is in line with the national retirement age at 60 years,” he said, adding that all the improvements were made based on the feedback of its members.

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