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Tenancy Agreement without Stamping
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TSVaselle
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Jun 6 2017, 06:01 PM, updated 9y ago
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New Member
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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.
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otua
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Jun 6 2017, 06:03 PM
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to get the stamping is only cost so little..how much is the rental?
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earl-ku
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Jun 6 2017, 06:07 PM
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if the contract is not stamped, its not legally binding
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TSVaselle
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Jun 6 2017, 06:07 PM
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New Member
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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.
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earl-ku
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Jun 6 2017, 06:08 PM
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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.
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otua
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Jun 6 2017, 06:15 PM
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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
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me_1980s
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Jun 6 2017, 06:21 PM
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Getting Started

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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.
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TSVaselle
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Jun 6 2017, 06:28 PM
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New Member
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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
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ritzwjnc
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Jun 6 2017, 07:04 PM
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New Member
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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
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kentchow75
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Jun 6 2017, 10:54 PM
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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
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SUSempatTan
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Jun 6 2017, 11:00 PM
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How much is d rental in question?
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honesty tan
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Jun 6 2017, 11:04 PM
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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.
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Noyoudontcare
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Jun 7 2017, 01:58 AM
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Getting Started

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please show some integrity. get it stamped.
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chiahau
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Jun 7 2017, 08:09 AM
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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.
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BEANCOUNTER
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Jun 7 2017, 08:28 AM
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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.
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