Court case regarding wakaf land

https://www.freemalaysiatoday.com/category/nation/2019/11/21/penang-islamic-authority-turned-land-into-wakaf-without-heirs-consent-court-hears/

Penang Islamic authority turned land into wakaf without heirs’ consent, court hears
Predeep Nambiar -November 21, 2019
GEORGE TOWN: A shariah law expert today told a court here that the takeover of late tycoon Shaik Eusoff Shaik Latiff’s estate by the Penang Islamic authorities was likely illegal as it failed to get consent from the heirs of the estate in the first place.
Islamic law academic Aznan Hasan said the sheer fact that Shaik Eusoff’s heirs had not consented to turn their ancestral land into wakaf, or Muslim endowment land was reason enough as it was considered against the Shafi’i school of law, which Malaysia practises.
“The land was placed under trust after the death of the donor (Shaik Eusoff). Since it has become the estate of the donor, it should have been given to the rightful heirs.
“Placing the property as wakaf under the Majlis Agama is not valid as there was no wakaf created after the death of the donor. There were no statements from the heirs agreeing that the estate was to be turned into a wakaf.
“Hence, the Majlis has no right or status to hold on to the property and ought to return all the properties to the donor’s heirs who are alive and the rightful trustees,” he told the Shariah High Court today.
He was testifying as the plaintiffs’ witness in a land dispute trial between the heirs of Shaik Eusoff Shaik Latiff and the Penang Islamic Religious Council (MAINPP).
Aznan, who is also Amanah Raya’s shariah committee chairman, also supported earlier testimony by another expert over Shaik Eusoff’s will.
He said the late tycoon’s will, to have his Air Itam land be made wakaf for only 21 years, was not compatible with the Shafi’i school of Islam, where wakaf is given in perpetuity, and not for a limited term.
Aznan said that fact alone disqualifies the status of the wakaf land in the first place.
Earlier in the trial, the plaintiffs went to great lengths to establish that he was a credible authority and expert to comment on matters related to Islamic laws of succession.
Aznan is currently an associate professor of Islamic finance at the International Islamic University of Malaysia and a shariah adviser to over 10 Islamic banks around the world.
Shariah High Court judge Mohd Yunus Mohamad Zin set Nov 27 and 28 to allow MAINPP’s lawyers to prepare to question Aznan and two other experts.
The plaintiffs were represented by lawyers Akberdin Abdul Kader, Yuslinov Ahmad, Rafie Mohd Shafie, Redza Rafie, Ardy Suffian Akberdin and Hafizullah Abdullah.
MAINPP was represented by Mohd Anuar Ahmad, Zainul Rijal Abu Bakar, Mohd Najib Rohim and Mohammad Shafiq Ibrahim.
The suit was initiated by Abdul Shukor PA Mohd Sultan, Syed Idross Syed Hassan Al Mashoor, and Sheik Mohd Jelani Sheik Emam.
They are seeking to reclaim two plots of land covering 6ha in Air Itam.
Shaik Eusoff had willed that the land be held in trust for his descendants, and to be used as wakaf land only for a period of 21 years from the death of his last offspring.
The last of his seven children – a daughter – had died in 1932, so the land was supposed to be returned to the family estate in 1953.
This was according to a 10-page will written in English dated Dec 30, 1892.
The case has been in and out of the civil courts since the late 1990s over an argument that the land was held in trust and not wakaf, as claimed by Muslim authorities. Now, it has come to the Shariah High Court for a resolution.
Shaik Eusoff, who was a Jawi Peranakan with roots in Gujarat, India, was a well-known real estate magnate said to have owned large tracts of land in George Town in the early 19th century.
His descendants are also credited with bringing the boria – Penang’s traditional “parody theatre” – to the state.
Posted in General | Leave a comment

The Star: Hear my will

This story first appeared in The Star newspaper on 01 July 2019

Hear my will


Carolyn: It is a sad fact that most of us will not be able to control or avoid

AS much as the topic of mental health is avoided, “mental incapacity” is not even acknowledged enough.

Mental incapacity is defined as “an inability through significant cognitive impairment to carry on the everyday affairs of life or to care for one’s person or property with reasonable discretion.”

The fact is dementia and its different permutations are now listed as seventh of the Top 10 Deadliest Diseases in the world.

Dementia is one of the most serious health and social crises of the century.

According to an Alzheimer’s Disease International report, nearly 71 million people will be living with dementia in the Asia-Pacific region alone by 2050.

In Malaysia, over 123,000 people suffer from dementia costing approximately RM735mil in healthcare per year. This is an emergency right at the doorstep of a growing but aging Malaysian populace.

Dementia is a term used to describe severe changes in the brain which affects predominantly language skills/ability to speak, memory and decision-making. Sometimes it takes famous people to give a face to this medical problem.

Alzheimer’s disease was suffered by President Ronald Reagan six years after the end of his presidency. Lewy Body Dementia was the reason behind Robin Williams’ suicide in 2014.

Parkinson’s disease (“PD”) did not spare great athletes like Muhammad Ali who succumbed to it in 2016 and is currently championed by Michael J. Fox being a living example of how one copes with PD.

Acknowledging incapacity

Physical disability is now widely recognised and pro-active steps are taken to alleviate issues for those who suffer from it e.g. wheelchair access, car parking considerations and suitable public toilets.

But what of mental incapacity? This question is posed not only to the medical and legal professionals but also to the public at large. The infant step would be to acknowledge that we have a problem and we do not have a solution as yet. Robin Williams of the hit sitcom “Mork & Mindy” battled with dementia and his inevitable failure to overcome it culminated in “Mork” taking his own life. Suicide is tragic in any case but for a comedian who “forgot how to be funny” it is downright tragic.

For lawyers, in this globally ageing demographic, a client’s capacity, vulnerability and susceptibility to undue influence must become routine considerations when drafting wills, trusts and thereafter in all estate dealings. What is more depressing is if one is not mindful that preparatory paperwork should be carefully deliberated and finalised before incapacity sets in and this would be in forms of wills and living wills coupled with lasting powers of attorney.

Many a time a sick person will execute his will at the hospital. Often the doctor-in-charge is asked to become one of the witnesses to the will. The question of whether a doctor should be involved is explained by Lord Templeman in Kenward v Adams (1975) Times Nov 29: “In the case of an agedtestator or (one) who has suffered serious illnesses … however difficult or tactless it may be to suggest that precautions be taken: the … will ought to be witnessed … by a medical practitioner who satisfies himself of the capacity and understanding of the testator …”.

As shown by the leading case of Banks v Goodfellow (1870) 5 LR QB 549, the testator must be capable of understanding the nature and effect of making a will, the extent of his estate and assessing the claims of those who might expect to benefit from his will.

Mental capacity

In a Johor case, Aw Siew Keon v Kek Siong Uteh (2012) saw a battle between two wills, the later will of 2008 would have enriched the deceased’s second wife Ms Kek (as opposed to his children from his first marriage). The will in favour of Ms Kek was found to be null and void based largely on the evidence of the doctor who treated and confirmed that the deceased suffered from dementia.

This case shows the importance of a professional’s account of the facts which relates directly back to the sombre fact that all such professionals (medical and legal etc.) are duty bound to be mindful when giving advice.

This article is a cry for everyone’s will to be heard. It is a sad fact that most of us will not be able to control or avoid “mental incapacity” in one form or another – going senile so to say. Behind every mentally incapacitated person is a person with intentions, wishes and desires. So, sadder yet is when we do not try to prepare ahead in having our will documented so that after our passing or when we are not able to make decisions for ourselves, these documentations of our will shall then speak volumes on our behalf.

> This is second in the series relating to “Living Wills” following Thy will be done (StarBiz on Oct 8, 2018.)

Carolyn Oh Li Lin, a lawyer practising at Messrs Carolyn Oh & Co, Penang, is a member of the Conveyancing Practice Committee, Bar Council, Malaysia.

The views expressed here are entirely the writer’s.

Posted in Rockwills & Estate planning, Rockwills & Inheritance | Tagged , , , , , , , | Leave a comment

The Star: Thy will be done

This story first appeared in The Star newspaper on 08 October 2018

Thy will be done

Law & Realty and Carolyn Oh Li Lin

This is the second in the series of monthly articles contributed by the Malaysian Bar Council on simple matters affecting the lives of people. It kicked off diving into ways to obtain “Letters of Administration” when a person dies and leaves an estate without a will and continues this month with the subject on “Living Wills”.

CHERISHING control and having the independence to do things our way ring true for most people. This spans our lifetime from when a child manages to tie his own shoelace to how one decides to spend one’s hard-earned monies and how and where we choose to live.

However, our ability to always be in control is affected by the inevitability of aging and the fact is dying is not always a swift process. One should be concerned about end-of-life planning.

Each of us would at one point or another of our lives have thought about what happens when we are unable to make decisions for ourselves in matters that concern our health and finances.

This article is written in the hope of promulgating awareness of the need of legislation to enforce “Living Wills” and its related proxy designation which together will enable a medically incapacitated person’s wish(es) to be heeded and enforced, that is, one’s contemplated will to be carried out.

The living will is to be differentiated from a regular will which deals with our wishes and assets after our death.

The current laws guiding the creation of regular wills do not take into account the importance of a holistic approach to end-of-life planning. The living will is simply a form of advance directives wherein a person expressly dictates ahead of time before he or she is unable to do so. Given that these directives are to be implemented whilst the person is still alive hence … the living will.

There is also a taboo that end-of-life planning meddles with the natural course of life and, even more sensitively, touches on euthanasia. Whilst the subjects are admittedly intertwined it must be clarified that advance directives are not only with regard to health and medical matters.

Advance directives are meant to broadly cover instructions relating to important matters such as:

1. Assets/funds available and access to them

A review by the Age UK in October, 2017 suggests that a great number of vulnerable people over the age of 65 suffers from financial abuse and sadly the report identifies family members as being the most likely to be the abusers whereas another 30% of abuse are by friends and carers.

2. Accommodation/living arrangements

It is a sad day when an older and vulnerable person who had previously worked so hard to live well and has a comfortable house is then in his or her later years moved to a home for the elderly simply because no advance directives were recorded to ensure that the said person’s preference is carried out. Most, if not all, elderly people prefer aging in the comfort of their homes.

3. Health and medical care and decisions

The directive regarding health and medical matters are admittedly paramount in considering a living will and such directives can be as specific wherein certain medication, methods and particular medical machineries are either mandated or specifically disallowed or as general as the maker wishes it to be where in the latter case the person would dictate that any life sustaining measures that would serve only to prolong inevitable death rather than to prolong life (sans quality) is to be withheld or discontinued.

In the United Kingdom, the Mental Capacity Act, 2005 expressly allows the drawing up of a lasting power of attorney which is divided into two areas: (a) personal welfare which is akin to item 3 above; and (b) property and affairs which is akin to items 1 and 2, which shows that advance directives are meant to cover diverse areas and do not only pertain to end-of-life scenarios.

Many countries have already embraced the need to dignify life by enabling a path to a dignified death. This would include amongst others the United States of America, Switzerland, Canada and most recently Jersey through its Capacity and Self Determination (Jersey) Law 2016 which came into force on Oct1, 2018.

The year 2005 also saw England and Wales refine their laws under the Mental Capacity Act 2005 which Singapore promptly emulated in 2008. In March 2018, the Indian Supreme Court permitted living wills and passive euthanasia following the infamous Aruna Shanbaug case where in 2011 passive euthanasia was sanctioned by the Indian courts for Aruna, a nurse who had been raped and assaulted so brutally that she remained in a persistent vegetative state for 42 years.

It is, however, important not to be distracted to think that the living will is about empowering the ability to take one’s own life but rather it is about the ability to manage one’s own end-to-life, a subtle but significant difference. Malaysia is a growing but ageing society. We are in need of laws focused on end-of-life planning.

Until laws are in place, we are left merely with a realisation which cannot be expressed nor impressed on third parties unable to have our wishes/will legally carried out.

We should start today by accepting our mortal life and the fact that we will indeed grow older and be more incapable. At most what we can do is to ensure that we have a steady crutch forged from our own will and expressly recorded. We owe ourselves a graceful exit.

The writer, a lawyer practising at Messrs Carolyn Oh & Co, Penang, is a member of the Conveyancing Practice Committee, Bar Council, Malaysia. This column does not constitute legal advice.

Posted in Rockwills & Estate planning, Rockwills & Inheritance | Tagged , , , , , , , , | Leave a comment

The Star: Euthanasia and living wills in Malaysia

This story first appeared in The Star newspaper on 26 February 2015

Euthanasia and living wills in Malaysia – two sides of the coin


By Tan Yi Liang and L. Suganya
PETALING JAYA: A 75-year old man lies on a bed he hasn’t left in over five years. He wants to get up and walk around in the garden with his grandchildren – but his cancer-ravaged body is just too weak.
He is unable to even sit up without gasping for air, relying on caregivers to change his diapers and pyjamas before there are drenched through with urine. His caregivers have to turn him every few hours to prevent bed sores.

Day-in, day-out he takes heavy doses of medication that leave him barely lucid. Most of the people he grew up are dead and buried, and at this stage of his existence there is no quality of life, no recovery for his terminal illness.

Simply a long drawn-out painful death

There are no other alternatives, for a patient must endure this suffering for as long as the body keeps breathing. At least as far as Malaysia is concerned.

Growing legislative action

On Feb 6, Canada joined the ranks of nations like Switzerland, Belgium, Luxembourg and the Netherlands in legalising physician-assisted suicide, or euthanasia.

Multiple sclerosis patient Gloria Taylor, 89, won the right to terminate her life.

Canada’s Supreme Court ruled; “by leaving people like Ms. Taylor to endure intolerable suffering, it impinges on their security of person.”

Ms Taylor incidentally died of natural causes before the euthanasia could be implemented.

It’s very unlikely however that we could see such legislation in Malaysia. In fact the strength of religious belief preclude rational discussion of the topic.

If the sentiments of the immediate past president of the Malaysian Medical Association (MMA), Datuk Dr. NKS Tharmaseelan are anything to go by, it will be a long time before euthanasia of any form, let alone physician-assisted euthanasia is legalised in Malaysia.

“I personally feel nobody has a right to take a life when he cannot create one. Miracles do happen, what may be considered incurable today may become curable in the near or distant future. We should realise that medical science is still an imperfect and incomplete science,” said Tharmaseelan in an email to The Star Online.

Addressing passive euthanasia, such as the removal of life support, Tharmaseelan added measures such as withholding life support measures in a brain-dead patient who is already dependent on a life support system may be justified after considering social and religious sensitivities and taking into confidence the next of kin.

Lawyer Andrew Khoo has a different view.


Andrew Khoo

“As a matter of principle, a person must have the right to terminate their own life, this is a fundamental principle of the right to life. The question is whether society is ready to accept that,” said Khoo, who serves as Bar Council Human Rights Committee chair but emphasises that he is speaking in a personal capacity.

He pointed out that currently suicide is an offence in Malaysia under the Penal Code.

“If there are compelling medical reasons for assisted suicide, then I would agree with the concept,” said Khoo.

“What constitutes quality of life has to be established, but will it be objective or subjective criteria. Quality of life has to go to life and death issues, it cannot simply be about quality of life, it has to be quality of life in comparison to something that is life-threatening,” said Khoo.

Cultural objections

One point that Khoo and Tharmaseelan agree on is that Malaysia seemed to not be ready for legalizing euthanasia.


Malaysian Medical Association (MMA), Datuk Dr. NKS Tharmaseelan

“In nearly all Western countries a significantly higher proportion of people are for euthanasia but in Asian Countries and culture it is taboo. In a democracy, it is the wishes of the majority also taking into account religious, cultural and traditional beliefs. Legislation should reflect the will of the people,” said Tharmaseelan.

“Many Malaysians still believe in a Creator and the sanctity of life given by that Creator. I can well see religious institutions stepping in to say this is not allowed as the sanctity of life is being removed by tampering with creation. And as the state feels duty-bound to uphold Islamic values, they will not allow this,” added Khoo.

Tharmaseelan also pointed out there were other, more personal hurdles that have to be overcome if euthanasia can be allowed, such as the mental competence of the patient desiring euthanasia.

“Euthanasia  is only voluntary if the patient has a lucid understanding of available options and consequences. Determining or defining competence is not straightforward,” said Tharmaseelan.

“Patients may also feel that the burden – financially, emotionally, mentally – on their family is overwhelming. Even if the costs of treatment are provided by the state, there is a risk hospital personnel may have an economic incentive to encourage consent to euthanasia.”

Living wills

But how about advanced directives, or “living wills” – written documents where patients express their desires or consent for further medical procedures should they become mentally incapacitated?

Khoo feels this is a concept that needs to be examined to see how it can be introduced in a legally-binding manner in Malaysia.

He pointed out that the tension with living wills is between respecting the wishes of the patient when that patient can no longer express their view or opinion and whether there are overriding medical circumstances.

Khoo said that if a living will was legally recognised, it would mean that the law recognises  the right of a person to decide for themselves and to give effect to their decisions regarding their treatment.

“Now a doctor can choose to respect the desires of the person, but if a person is brought to a doctor, how can they verify the wishes of the patient when they are voiced by a third party,” added Khoo.

He added that he feels living wills should become part and parcel of Malaysian legal practice, as there is no way for Malaysians to draw one up at this point.

“I certainly think it should be part and parcel of Malaysian legal practice, and we have to prepare the public through education, just like how we educate people right now about organ donation. We need to educate people about the decisions that can be made which will be legally binding,” said Khoo.

Posted in Rockwills & Estate planning, Rockwills & Inheritance | Tagged , , , , , , , | Leave a comment

Unfair bank contracts

An interesting story from Free Malaysia Today on 27 Dec 2018:

PETALING JAYA: A British couple who won their case against a commercial bank which attempted to use an exemption clause in a housing loan agreement to ward off a civil suit has advised customers to test their rights in court.
Anthony Lawrence Bourke said they should first get legal opinion whether to proceed or otherwise.
“In our case, the first lawyer whom we met was not familiar with the subject matter but was kind enough to refer to another counsel who agreed to take up the case,” Anthony told FMT via e-mail.
He and his wife Alison Deborah Essex Bourke, who now live in the United Kingdom, filed the suit in 2015 against CIMB Bank Berhad on the grounds that a clause in the agreement excluded the bank from liability.
It was a setback for the couple when the High Court in late 2015 dismissed their claim.
Two years ago, the Court of Appeal reversed that decision and last week the Federal Court, in a landmark ruling, affirmed the finding – a small win for bank customers.
“It was costly, stressful and time-consuming to pursue the action but we were encouraged by the unanimous decision of the Appeal court judges in agreeing with us and this gave us more confidence in the Malaysian justice system,” Anthony said.
Anthony said the legal battle was challenging but as minion litigants against the giant bank, they had to be courageous and patient.
“It is a long process with many decisions to make along the way but we pursued our case as we believe the bank was unjust to us,” he added.
Their lawyer Ong Yu Jian said the couple wanted to buy a property as they were participants of the “Malaysia My Second Home programme” where the government allows foreigners to live in the country on a long-stay visa of up to 10 years.
The bank, in 2008, granted them a term loan facility of RM715,000 to purchase the property in Kuala Lumpur from a developer.
The property was still under construction and payment was to be made progressively by the bank based on the certificate of completion issued by the architect to the developer.
In early 2014, the developer sent an invoice seeking a progress payment of RM25,557.12 but CIMB did not release the money as it needed to conduct site visit inspections on the property.
A year later, the developer terminated the sale and purchase agreement (SPA) with the couple as the bank had not paid the money.
The couple filed a claim against the bank for breach of contract, negligence and breach of fiduciary duty, seeking for damages suffered resulting from the termination of the SPA.
CIMB took the position that the courts must give effect to the clear and plain meaning of the words in exclusion clauses, regardless of how unreasonable it might be.
The three-member Federal Court said the exemption clause in the agreement was against public policy as Section 29 of the Contracts Act 1950 prohibited the right to sue.
Justice Balia Yusof Wahi, who delivered the ruling said the bargaining powers of the parties to that agreement were different and never equal.
“In today’s commercial world, the reality is that if a customer wishes to buy a product or obtain services, he has to accept the terms and conditions of a standard contract prepared by the other party.
“There is the patent unfairness and injustice to the plaintiffs. It is unconscionable on the part of the bank to seek refuge behind the clause and abuse the freedom of contract,” he said.
He said the right of access to the courts had always been jealously guarded by the common law and the general principle remained that contracts which sought to oust the jurisdiction of the courts were invalid.
Ong said this decision, was essentially a clarion call to banks that if you made a mistake you would have to pay for it, like everyone else.
He said the public did not have to worry anymore as the Federal Court had said that this sort of exclusion clause was no longer enforceable.
He said the court ruling would compel banks and other financial institutions to remove unfair exclusion clauses in their standard agreements.
Ong said this decision simply forced them to be more fair and careful when excluding their liability.
“If there are no longer such clauses to protect them from negligence or breach of contract, it would invariably force them to be more careful in their conduct.
Posted in General, Money matters | Leave a comment

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.

Posted in General, Money matters | Tagged , , , | Leave a comment

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.
Posted in General, Money matters | Tagged , , , | Leave a comment

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
Posted in Careers | Tagged , | Leave a comment

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.

Posted in General, Money matters | Tagged , , , | 1 Comment