VIVA VENTURE PLT (Registration No. LLP 0001146‑LGN)
(as the Landlord)
AND
THE LUXURY INTERNATIONAL TRADING SDN. BHD. (Company No. (202601034773 (1696868-M)
(as the Tenant)
TENANCY AGREEMENT
AN AGREEMENT
made on day of2026
BETWEEN
VIVA VENTURE PLT (Registration No. LLP0001146-LGN), a limited liability partnership registered under the Limited Liability Partnership Act 2012 and having its business address at Viva Management Office, Lower Ground Floor, Viva Mall, No. 85, Jalan Loke Yew, 55200 Kuala Lumpur ("the Landlord") of the one part,
AND
The party(ies) whose name(s) and description is/are stated in Section 2 of the First Schedule ("the Tenant") of the other part.
RECITALS
A.
The Landlord has the exclusive right, power and authority to rent to the Tenant all that parcel of retail outlet as stated in Section 3 of First Schedule and more particularly delineated in RED in the proposed layout/floor plan annexed hereto as Appendix A ("the Demised Premises") in "VIVA MALL", a retail shopping centre with a postal address known as No. 85, Jalan Loke Yew, 55200 Kuala Lumpur ("the Complex"), which Complex is erected on that piece of leasehold land held under Pajakan Negeri 50956, No. Lot 20000, Seksyen 91A, in the town of Kuala Lumpur, District of Kuala Lumpur, State of Wilayah Persekutuan KL measuring approximately 30970 square metres in area ("the Land").
B.
The Complex consists of shop outlets, retail outlets, office outlets, food outlets and recreational facilities (collectively "the Outlets" and "the Outlet" shall be construed accordingly) erected thereon and therein.
C.
The Tenant is desirous to obtain a tenancy of the Demised Premises and the Landlord has agreed to grant the tenancy to the Tenant for the use of the Demised Premises upon the terms and conditions as stated in the First Schedule of this Agreement.
THE LUXURY INTERNATIONAL TRADING SDN. BHD. (202601034773 (1696868-M)
Lot 2-10, 2-11 & 2-12, Second Floor,
Viva Shopping Mall No.85, Jalan Loke Yew,
Kuala Lumpur55200W.P.Malaysia
Attn: Mr Tan Kin Soon
HP No : 014-9372330
Email : seantan0517@gmail.com
3.
TENANT'S TRADING NAME
"THE LUXURY INTERNATIONAL TRADING SDN. BHD.."
4.
DEMISED PREMISES
Unit No. : 2-10, 2-11 & 2-12
Floor Level : Second Floor
Lettable Floor Area: : 4,639 sqft
The lettable floor area is only an approximation based on strata title and is subject to final survey by the Landlord.
The Demised Premises is shown edged in red on the attached floor plan.
5.
PERMITTED USE OF DEMISED PREMISES
Retailing of mattress, pillow, sofa, table and related household accessories under the trading name of
Any change in the nature of the business of the Tenant from the above is strictly prohibited unless prior written consent is obtained from the Landlord.
6.
DURATION OF TENANCY
Monthly Basic (03 September 2026)
7.
OPTION TO RENEW
N/A
8.
MONTHLY RENT
Gross Rental:
RM12,061.40 (Ringgit Malaysia: Twelve Thousand, Sixty-One and Cents Forty Only) per month and shall make payable by the Tenant to the Landlord on or before the 7th days of the following months. (Excluded 6% of SST)
9.
GROSS TURNOVER (GTO)
In the event, the parties agree that the Monthly Rent shall be calculated based on the Tenant's Gross Turnover (GTO), the following shall be applicable: -
i.
should Nil of the monthly gross sales turnover whichever is higher, shall be certified by the Landlord at the end of the monthly base rent, then the excess over the latter shall be additionally payable by the tenant to the Landlord on or before the 15th day of the following month.
ii.
The Tenant shall submit to the Landlord a copy of the monthly gross sales turnover within seven (7) days from the end of the month in which the Rent is payable by the Tenant to the Landlord.
10.
SUBMISSION OF SALES REPORT
For the purpose of planning and assessing the effectiveness of promotional activities, the Tenant shall submit to the Landlord a copy of the monthly gross sales report within seven (7) days from the end of the respective months in which the report is due. In addition, the Tenant shall submit to the Landlord a copy of its audited annual sales report in respect of the Demised Premises within three (3) months of its financial year end.
The Tenant hereby agrees that the Landlord or its duly appointed representative(s) shall have the right to conduct such audits and inspection of the cash registers, books, accounts and all other records of sales transactions of the Tenant as may be required, from time to time.
11.
ADVANCE MONTHLY RENT
The agreed Monthly Rent shall be payable monthly in advance upon execution and return of this Agreement.
12.
DEPOSITS
Upon execution of this Agreement, the Tenant shall pay to the Landlord the following deposits:
a) Security Deposit
Ringgit Malaysia : Thirty-Six Thousand, One Hundred and Eighty-Four and Cents Twenty Only (RM36,184.20) as security deposit for the due observance and performance by the Tenant of all the covenants and stipulations on part of the Tenant to be observed and performed herein.
b) Utilities Deposit
Ringgit Malaysia : Twelve Thousand, Sixty-One and Cents Forty Only (RM12,061.40) as deposit for the consumption of water, electricity and any other utilities at the Demised Premises.
c) Restoration Deposit
Ringgit Malaysia : Six Thousand Only (RM6,000.00) as security for the strict compliance by the Tenant in carrying out of the restoration works and to cover and pay for any cleaning, clearing up, repairing and/or replacing works as may be caused by or incidental thereto and any losses, damages, costs or expenses as may be suffered or incurred by the Landlord
13.
DOCUMENTS TO BE HANDED TO THE LANDLORD
Upon execution and return of this Agreement, the Tenant is required to furnish copies of the following relevant company forms to the Landlord.
If the Tenant is a locally incorporated company, the Tenant shall furnish to the Landlord a certified true copy of each of the following:
i.
Memorandum & Articles of Association or the Constitution (if any) of the company;
ii.
the latest statutory forms under Companies Act 2016 : Section 46, Section 58 and Section 78 (formerly known as Form 24, 44 and 49 under Companies Act 1965);
iii.
the latest Annual Return of the company; and
iv.
the Board of Directors' Resolution authorising the Company to take up the Short Term of Tenancy of the Demised Premises.
If the Tenant is a sole Proprietorship or Partnership, a copy of the Registration of Business Form A, B or D as the case may be.
If the Tenant does not fall within any of the above-mentioned compositions, the Tenant shall seek the confirmation of the Landlord for any such documents which are required by the Landlord.
14.
HANDOVER DATE / TENANCY COMMENCEMENT DATE
Date 15 November 2026
This shall be subject to all the terms and conditions mentioned in this Agreement for Short Term Tenancy.
15.
RENT FREE PERIOD
NIL
16.
DELAY IN COMMENCEMENT
Tenant shall commence business not less than Seven (7) days from the Handover date failing which, a penalty of RM1,500.00 (Ringgit Malaysia: One Thousand Five Hundred only) per day will be imposed until the Tenant actually commences business.
17.
INTEREST ON LATE PAYMENT
If the Monthly Rent and/or any other charges or any other monies payable by the Tenant to the Landlord under the Tenancy shall at any time remain unpaid after the same shall have become overdue (whether formal or legal demand shall have been made or not), the Tenant shall pay to the Landlord an agreed interest at the rate of 18% per annum calculated on daily basis on the amount remaining due and unpaid.
18.
BUSINESS HOURS
The Tenant will operate from 10am to 10pm on all days including public holidays unless otherwise notified by the Landlord in writing. A penalty charges of RM1,000.00 (Ringgit Malaysia: One Thousand only) will be imposed for any occasions / non-compliance such as late opening, early closure or closure without approval or at such rate as maybe determined by the Landlord at its absolute discretion per occasion / non-compliance or per day.
19.
RELOCATION
The Landlord hereby reserves the absolute right to relocate the Tenant to an alternative premise in another part of the Shopping Mall by a written "Relocation Notice" for any reason whatsoever.
The Relocation Notice shall specify the location and floor area of the alternative premises and shall provide the particulars of the rent and other charges payable at the relevant rate per square foot of the Lettable Floor Area.
20.
CHANGE OF NAME AND/OR FACADE
The Landlord shall have the absolute right to vary, amend and/or modify the name and/or facade of the Shopping Mall without giving any reason or notice to the Tenant and the Tenant shall agree to and accept the name and/or facade so varied, amended and/or modified without any objection whatsoever.
21.
SUB-LETTING OR ASSIGNMENT
The Tenant shall not assign, sub-let or otherwise part with the actual or legal possession or use of the Demised Premises or any part thereof for any period whatsoever without the prior written approval of the Landlord.
22.
TERMINATION AND /OR EXPIRY OF TENANCY
Either party may terminate the Tenancy by giving to the other party One (1) month advance written notice.
Return of Demised Premises
Upon the termination/expiry of the Tenancy, the Tenant shall re-deliver vacant possession of the Demised Premises to the Landlord in a clean, good and substantial repair, order and condition. If the Tenant shall fail to do so, the Landlord shall carry out all necessary works and repairs and the cost of doing so shall be deducted from the Deposit and in the event the Deposit is inadequate, the cost incurred by the Landlord shall be a debt due from Tenant and shall forthwith be payable to the Landlord. The Landlord shall not be liable for any loss or damages howsoever caused to the Tenant's goods or other things in the course of its dismantling and/or removal.
Uncollected Items
Any goods, items or other things left by the Tenant at the Demised Premises after the termination/expiry of the Tenancy shall be dealt with or disposed of by the Landlord at the Landlord's absolute discretion upon the expiry of seven (7) days of the written notification to the Tenant to remove such goods, items or other things, and the Landlord shall not be liable nor be accountable to the Tenant in anyway whatsoever for its disposal or for any proceeds of sale.
Double Rental
In the event the Tenant continues in occupation of the Demised Premises after the termination/expiry of the Tenancy, the Tenant shall, without prejudice to the rights and remedies of the Landlord against the Tenant under the Tenancy, pay to the Landlord double the Rent payable herein.
23.
ABANDONMENT BY THE TENANT
Landlord's Entitlement in the event of Early Termination
In the event the Tenant shall for any reason whatsoever abandon the Tenancy or terminates or attempts to terminate the Tenancy before the expiration of the Tenancy, the Landlord shall be entitled forthwith to re-enter upon the Demised Premises and to forfeit all deposits and monies paid by the Tenant and in addition thereto the Tenant shall forthwith pay to the Landlord a sum equal to the remainder of the rental for the whole unexpired period of the term of Tenancy as agreed liquidated damages but without prejudice to the Landlord's right of action against the Tenant for additional damages for any antecedent breach(es) under the Tenancy.
Uncollected Items
Any goods or other things left by the Tenant at the Demised Premises after the termination/expiry of the Tenancy shall be dealt with or disposed of by the Landlord at the Landlord's absolute discretion upon the expiry of seven (7) days of the written notification to the Tenant to remove such goods, items or other things, and the Landlord shall not be liable nor be accountable to the Tenant in anyway whatsoever for its disposal or for any proceeds of sale.
24.
COSTS, EXPENSES, TAXES AND LEVIES
Unless otherwise stated, all prices or sums payable or consideration to be provided under this Agreement for Short Term Tenancy are exclusive of taxes. The Tenant undertakes to pay any taxes, duty or other charges imposed in connection with this Agreement for Short Term Tenancy by the relevant authorities, whether or not retrospectively imposed.
25.
SPECIAL CONDITIONS
As Enclosed in Appendix 1
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APPENDIX 1
(This shall form part of the material terms of this Agreement to Rent)
a.
Guidelines, regulation and tenancy conditions
i.
Comply to the fit-out manual or guidelines, complex rules & regulations or any other instructions issued from time to time by Landlord in relation to operations and fit-out; and
ii.
Comply with the terms and conditions contained in this Agreement.
b.
Governing Law
i.
The transaction shall be governed and construed in accordance with the laws of Malaysia.
ii.
The Tenant hereby confirms that prior to the execution of this Agreement, the Tenant had read and understood the terms stated thereto.
c.
Lot condition
The tenant is agreeable to take over all the existing fitting and fixture at the above Demised Premises as on "as is where is" condition.
d.
Variation
Parties agree that any mutually agreed variation of the terms and conditions mentioned herein shall be recorded in writing.
e.
Cost and Expense
The Tenant shall bear and pay all stamp duties, administration charges, search fees and other costs and expenses, including the Landlord's solicitors fees, incidental to or in connection with the preparation and execution of this Agreement and any agreement for renewal, if applicable, as well as the fees and costs of the Landlord's surveyor, architect, engineer, consultants, valuer or adjuster relating to the preparation, drawing up, submission or vetting of all relevant plans and instruments to the Appropriate Authorities pursuant to this Agreement.
f.
Indemnity by the Tenant
The Tenant shall be wholly responsible for and shall save harmless and indemnify the Landlord and/or if applicable, the Management/MC fully from and against all claims, actions, proceedings, prosecutions, fines, costs, expenses, liabilities, damages and losses whatsoever which may be made or instituted or imposed by the Appropriate Authorities or any persons against or otherwise incurred or suffered by the Landlord and/or the Management/MC arising out of any act, omission, default, misconduct, carelessness or negligence of the Tenant or any of the Tenant's Authorized Persons.
g.
Notice
Any notice required or permitted to be served under this Agreement shall be in writing and any such notice to the Landlord shall be sufficiently served on the Landlord if addressed to the Landlord and left at or forwarded by registered post to the Landlord's address as given herein or to such other address as the Landlord may notify at any time and from time to time hereafter for the service of any notice and in the case of the Tenant, if addressed to the Tenant and left at or forwarded by registered post or by facsimile or e-mail to the Demised Premises or to the Tenant's address, facsimile or e-mail as given herein or to the Tenant's last known address, facsimile or e-mail.
h.
Landlord's Regulations Prevail
In the event of any conflict or inconsistency between the foregoing provisions of this Agreement and the notices, directions, restrictions, instructions, rules and regulations at any time and from time to time laid down by the Landlord and/or if applicable, the Management/MC for the proper management and running of VIVA MALL and the Land and/or governing the use, enjoyment and care of VIVA MALL, the Common Property, the Demised Premises and/or all the other individual premises in VIVA MALL and other parts of the Land and/or the conduct of the Tenant and/or the other tenants, occupiers or owners and/or others, the latter shall prevail.
i.
Unilateral Termination by Landlord
In the event Landlord wishes to terminate the tenancy for any reasons whatsoever, the Landlord shall be entitled to give the Tenant One (1) month written notice of its' intention to terminate and the Tenant shall return the demised premises pursuant to the terms and conditions of this Agreement and the Landlord reserves all its' rights under this Agreement.
j.
Severability
If any provision of this Agreement or its performance thereof shall for any reason be held to be invalid, void, illegal or unenforceable, such determination shall not affect the validity, legality and/or enforceability of any remaining part of the relevant clause(s) or any other provisions of this Agreement which shall remain in full force and effect. Further, the provision which is held to be invalid, void, illegal or unenforceable shall be deemed modified to the minimum extent necessary to comply with the legal requirement(s) and if necessary, the parties hereto shall incorporate into this Agreement one or more terms and conditions with similar or equivalent economic and legal consequences so that the respective rights and obligations of the parties hereto shall continue to be maintained and with a view of giving full effect to the transaction contemplated by this Agreement.
k.
No Waiver and/or Indulgence
Knowledge or acquiescence by the Landlord and/or acceptance by the Landlord of the Monthly Rent or the payments of any other moneys by the Tenant or otherwise shall not be deemed to operate as a waiver by the Landlord of any right of action against the Tenant in respect of any breach of any of the covenants and stipulations on the part of the Tenant in or pursuant to this Agreement or of any subsequent or any continuing breach.
No failure, relaxation, forbearance, delay or indulgence by the Landlord in enforcing any of the terms and conditions of this Agreement or the granting of time by the Landlord to the Tenant shall prejudice, affect or restrict the rights, powers and remedies of the Landlord hereunder nor shall any single or partial exercise of any right power or remedy prevent any further exercise of such or any other rights powers or remedies by the Landlord.
l.
Exclusion of Landlord's Liability
Notwithstanding anything to the contrary herein contained, the Landlord and/or if applicable, the Management/MC shall not in any way be liable howsoever to the Tenant or to any of the Tenant's Authorized Persons or to others who may be permitted to enter or use the Demised Premises, VIVA MALL, the Land or any part thereof (including during the Fit-Out Period, if any) for any happenings, accidents, death or injuries howsoever sustained by any of the aforesaid persons or any other persons or for any loss or damage howsoever caused to any items, goods, equipment, furniture, fittings, fixtures and belongings of any description in the Demised Premises, or any other part of VIVA MALL or the Land or for any loss of business or inconveniences caused by any Force Majeure Event and in respect of any one or more of the following occurrences:-
i.
any damage, destruction, defect, leakage or overflow of water or mechanical or other breakdown of any fire sprinkler system, machinery, plant, sanitary or other installations, apparatus or equipments, failure or overload of electric power, cut-off of water supply, telephone line or other utilities or other facilities or amenities whatsoever at the Demised Premises, VIVA MALL and/or the Land or any failure or interruption in the provision of any of the services hereinbefore mentioned;
ii.
any closure of VIVA MALL if so required by the Appropriate Authorities or for any emergency reasons, whether or not actual, prospective, real or apparent; and
iii.
any closure of VIVA MALL if so required by the Appropriate Authorities or for any emergency reasons, whether or not actual, prospective, real or apparent; and
iv.
arising out of any renovation or other works to the structure of the Demised Premises, any adjacent or neighbouring premises or any part of VIVA MALL or the Land for the overall plan of any further development or otherwise as may be undertaken on the Land and/or in or to VIVA MALL.
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ACKNOWLEDGMENT, ACCEPTANCE AND AGREEMENT
I/We, THE LUXURY INTERNATIONAL TRADING SDN. BHD. (202601034773) 1696868-M) enclose herewith my/our cheque for the sum of RM (Ringgit Malaysia: issued in favour of "VIVA Venture PLT" credited to the Malayan Banking Berhad (Maybank) no: 5143 4761 6069 being the Top up deposits / charges payable by me/us detailed below:
1.
Security Deposit
RM
36,184.20
2
Restoration Deposit
RM
6,000.00
3.
Utilities Deposit
RM
12,061.40
4.
Fitout Deposit
RM
4,000.00
5.
Mailbox Deposit
RM
100.00
6.
Mailbox Fee (Inclusive of 6% SST)
RM
54.00
7.
Administration Fee (Inclusive of 6% SST)
RM
540.00
8.
Stamping Fee
RM
1,747.00
TOTAL
RM
Unless otherwise stated, all prices or sums payable or consideration to be provided under this Agreement for Short Term Tenancy are exclusive of taxes. We/I undertake to pay any tax (including goods and services tax), duty or other charges imposed in connection with this Agreement by the relevant authorities whether or not retrospectively imposed.
I/We have read and understood the terms and conditions of the above Agreement.
This document serves as a formal summary of deposit and fee adjustments required for the tenant's tenancy renewal together with relocation to a larger premise. Existing deposits paid under the previous tenancy will be offset against the new obligations. The tenant is required to settle the top-up balance prior to signing of the new tenancy agreement.
Item
Existing (RM)
New (RM)
Security Deposit
36,184.20
36,184.20
Restoration Deposit
6,000.00
6,000.00
Utility Deposit
12,061.40
12,061.40
Fit-Out Deposit
4,000.00
4,000.00
Mailbox Deposit
100.00
100.00
Mailbox Fee
54.00
Administration Fee (Inclusive of 8% SST)
540.00
Stamping Fee
1,747.00
TOTAL
Balance Top-Up Required
Notes:
1.
The existing total amount is calculated based on payments made under the previous tenancy.
2.
The new total amount reflects the revised deposit and fee structure for the new larger premise.
3.
The balance top-up amount is due and payable prior to the signing of the new tenancy agreement / relocation date