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 Delay in making tenancy agreement for shoplot, Helping out my sister

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TSdrbone
post Nov 20 2017, 09:07 PM, updated 9y ago

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Good day to all,
I am helping out my sister.
She has a shoplot for which she raised the rental 4 months ago without renewing the tenancy agreement and the tenants agreed via sms. Now the tenant is asking to make an agreement because his accountant needs proper documentation regarding the raise in rental. Problem is she never made a new agreement.
How can she go about this?
Does she have to involve a lawyer to make a new agreement?
Is there any penalty with LHDN during stamping or with any other body if she makes a new agreement ?

Any feedback is appreciated.
shaniandras2787
post Nov 22 2017, 11:30 AM

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Joined: Apr 2011
QUOTE(drbone @ Nov 20 2017, 09:07 PM)
Good day to all,
I am helping out my sister.
She has a shoplot for which she raised the rental 4 months ago without renewing the tenancy agreement and the tenants agreed via sms. Now the tenant is asking to make an agreement because his accountant needs proper documentation regarding the raise in rental. Problem is she never made a new agreement.
How can she go about this?
Does she have to involve a lawyer to make a new agreement?
Is there any penalty with LHDN during stamping or with any other body if she makes a new agreement ?

Any feedback is appreciated.
*
if there is already an existing tenancy agreement (with an option to renew clause in it) then there is no need to execute a fresh tenancy agreement to enforce the renewal period unless of course the parties wants to incorporate new terms in it or to extend the tenure for more than allowable in the option.

a simple letter indicating the exercising of the renewal (with ad valorem) stamp would suffice and no, now lawyers are required to be involved.

all documents are required to be stamped no later than 30 days from the date of the instrument, so unless the parties want to back date the letter, the letter can be dated current and then stamp without penalty.

 

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