
Tenancy agreement between the owner and the tenant is normally borne by the tenant. Hence, the tenant has the rights to do it by himself/herself. If you use a service from property agent on finding your house, they might ask you to use their lawyer for the agreement. The professional fees from the lawyer may burn a hole in your pocket since it also depends on the rental value. The higher the rental value, the higher the professional fees are. There is no law requires a tenancy agreement MUST be drafted by a lawyer. However, it is always advisable to engage a lawyer to draft a tenancy agreement for the one party and on another hand, the other party should engage a lawyer to advise him/her on the agreement drafted by the other party. The reason is obvious as lawyers are legally trained, they are able to advise clients on the legal implication of certain terms (e.g. issue of sub-letting of a premises) and sometimes if necessary the lawyers may advise thier clients to conduct some preliminary search on the counter party, e.g. company search, bankruptcy search and even land search
How to prepare the tenancy agreement?
You can always download from the internet or from your friends and just change it accordingly.
How much is the cost for stamping the tenancy agreement ?
-The lease or tenancy instrument which secures annual rent not exceeding RM2,400 is EXEMPTED from duty and presentation of these instruments at a stamping office or centre is not necessary.
-The prescribed rate of duty on the instrument which secures annual rent exceeding RM2,400 is as follows:
(For every RM 250 or part thereof in excess of RM2, 400)
When the lease is for a period Duty Rate
Not exceeding one year RM1.00
Exceeding one but not exceeding three years RM2.00
Exceeding three years or for any indefinite period RM4.00
(For every RM250 or part thereof in excess of RM2,400
Example : Let say you rent a condo with a monthly rental of RM 1,200.
Total rental = RM 1,200 x 12month = 14,400 a year
Stamp Duty applies to amount exceeding 2,400, so taxable amount = RM 14,400 – RM2,400 = RM 12,000
The duty is RM 1 for every RM 250, so the stamp duty on the original copy of the agreement is RM 48 (Rm 12,000/ 250 x RM 1= RM 48). Always rounded to the nearest ringgit.
The stamp duty on the copy is RM 10, so total of RM 58.
Where should I do the stamping?
You can do the stamping at any LHDN offices.
What are the documents that I should bring?
- Original tenancy agreement
- Copies of tenancy agreement ( each copy is RM10)
- PDS 1 form ( Download here )
There you go. Hopefully this will help.