Welcome Guest ( Log In | Register )

Outline · [ Standard ] · Linear+

 Tenancy Agreement without Stamping

views
     
TSVaselle
post Jun 6 2017, 06:01 PM, updated 9y ago

New Member
*
Junior Member
15 posts

Joined: Apr 2012
Hi guys, i need some info. I found a place to rent, but my property agent told me the owner doesnt want to do stamping to avoid tax. She said i would still be protected by the agreement contract.

Is the agreement still legit even without the lhdn stamp? Should i proceed? Thanks for the info on this guys.
otua
post Jun 6 2017, 06:03 PM

Casual
***
Senior Member
499 posts

Joined: May 2013


to get the stamping is only cost so little..how much is the rental?
earl-ku
post Jun 6 2017, 06:07 PM

Chlorophiliac
*******
Senior Member
4,587 posts

Joined: Jan 2003
From: Golden Meadow
if the contract is not stamped, its not legally binding
TSVaselle
post Jun 6 2017, 06:07 PM

New Member
*
Junior Member
15 posts

Joined: Apr 2012
QUOTE(otua @ Jun 6 2017, 06:03 PM)
to get the stamping is only cost so little..how much is the rental?
*
Only 1k, the owner just trying to avoid tax maybe didn't declare. So im just cautious if it will be bad for me as a tenant.
earl-ku
post Jun 6 2017, 06:08 PM

Chlorophiliac
*******
Senior Member
4,587 posts

Joined: Jan 2003
From: Golden Meadow
A document which is not stamped or insufficiently stamped is not void or unenforceable for that reason alone. However, such document may be rejected as evidence if it is required to be produced before the Court. In that event, the party who wishes to produce the unstamped or insufficiently stamped document will have to pay the stamp duty payable and penalty before such document can be received as evidence.
otua
post Jun 6 2017, 06:15 PM

Casual
***
Senior Member
499 posts

Joined: May 2013


according to Section 52 of the Evidence Act where it states that unless such documents is stamped, evidencewise it is inadmissable

http://lampiran.hasil.gov.my/pdf/pdfam/Sta...at_01072014.pdf
me_1980s
post Jun 6 2017, 06:21 PM

Getting Started
**
Junior Member
161 posts

Joined: Jan 2006


QUOTE(Vaselle @ Jun 6 2017, 06:01 PM)
Hi guys,  i need some info. I found a place to rent, but my property agent told me the owner doesnt want to do stamping to avoid tax.  She said i would still be protected by the agreement contract.

Is the agreement still legit even without the lhdn stamp? Should i proceed? Thanks for the info on this guys.
*
The agreement is still legit just inadmissible in court. As such, it's your words against his.
Solution: Back stamp it in case you need it in the future. Pay the penalty and collect the penalty upfront from the landlord in case anything happens in the future.


TSVaselle
post Jun 6 2017, 06:28 PM

New Member
*
Junior Member
15 posts

Joined: Apr 2012
QUOTE(me_1980s @ Jun 6 2017, 06:21 PM)
The agreement is still legit just inadmissible in court. As such, it's your words against his.
Solution: Back stamp it in case you need it in the future. Pay the penalty and collect the penalty upfront from the landlord in case anything happens in the future.
*
How should I backstamp it and how much is the cost? Can I do it alone or need the landlord's presence assuming that the agreement has been both signed already.

This post has been edited by Vaselle: Jun 6 2017, 06:29 PM
ritzwjnc
post Jun 6 2017, 07:04 PM

New Member
*
Junior Member
29 posts

Joined: Apr 2017


Contract is still valid... but if there is case, it is not admissible (other party can object) as evidence in court. That being said, u will have to pay for the stamping and be subjected to fine. Then it is admissible
kentchow75
post Jun 6 2017, 10:54 PM

Best Biz Card Printing Service
******
Senior Member
1,353 posts

Joined: May 2011
From: - -

get it stamped, else got a lot problem later if things happen when agreement is not fully legal

he want to avoid tax is his problem, you don't get any advantage on the agreement without stamp
SUSempatTan
post Jun 6 2017, 11:00 PM

Regular
******
Senior Member
1,678 posts

Joined: Mar 2016


How much is d rental in question?
honesty tan
post Jun 6 2017, 11:04 PM

Regular
******
Senior Member
1,276 posts

Joined: Feb 2016
QUOTE(earl-ku @ Jun 6 2017, 06:08 PM)
A document which is not stamped or insufficiently stamped is not void or unenforceable for that reason alone. However, such document may be rejected as evidence if it is required to be produced before the Court. In that event, the party who wishes to produce the unstamped or insufficiently stamped document will have to pay the stamp duty payable and penalty before such document can be received as evidence.
*
Concur with you. This is what my lawyer informed too.
Noyoudontcare
post Jun 7 2017, 01:58 AM

Getting Started
**
Junior Member
252 posts

Joined: Jul 2008
please show some integrity. get it stamped.
chiahau
post Jun 7 2017, 08:09 AM

Fatthau StalKer
********
All Stars
14,082 posts

Joined: Aug 2009
From: Malaysia


QUOTE(Vaselle @ Jun 6 2017, 06:01 PM)
Hi guys,  i need some info. I found a place to rent, but my property agent told me the owner doesnt want to do stamping to avoid tax.  She said i would still be protected by the agreement contract.

Is the agreement still legit even without the lhdn stamp? Should i proceed? Thanks for the info on this guys.
*
If she refused to stamp, you can refuse to rent also.

Simple thing.
BEANCOUNTER
post Jun 7 2017, 08:28 AM

20k VIP Club
*********
All Stars
20,146 posts

Joined: May 2011
Actually if the contract is not stanped...it works for owner as well as tenant.......if tenant knows how to take advantage of the situation.

Honestly it works adversely to the landlord mostly as landlord is the one on receiving end.

 

Change to:
| Lo-Fi Version
0.0199sec    0.36    5 queries    GZIP Disabled
Time is now: 14th December 2025 - 04:59 PM