Hi,

The tenant agreement is one to one contract right?

But I found this item:

"This Agreement shall be binding upon the respective heirs, personal representatives, successors-in-title and assigns of the Landlord and Tenant."

Why rental agreement is family to family contract? I found this wrong. I never see any rental contract like this before.

Should this be removed from the contract?

My parents are renting a house. I am not supposed to be engaged their matters because I don't sign. If my parents sign such a contract, do I have to find a lawyer?

Thanks in advance.

This post has been edited by Just2centslah: Jul 16 2020, 09:17 PM

Meaning ...

When the tenant signs the TA for e.g. 2 years, he agreed to stay for 2 years. If you as the landlord sells the property or transfer to your immediate family, during the two years, you cannot evict him but to transfer the tenancy to the new owner together with all deposits paid.

For the tenant, the wife or children can take over the tenancy if the husband / father pass away.

This post has been edited by mini orchard: Jul 16 2020, 09:54 PM

Dont understand. Explain more.

First, thank very much for your replies. Very helpful all the time.

This clause implies a very wide spectrum of issues. I believe the contract should be the person who has the ownership of the promise (or the successor of the ownership) and the actual people living in the premise.

My parents will rent the house. I don't live with my parents. So I should not be included in their contract. So "the heir of the tenant" should be excluded. I am an adult child who lives in own property. I am 100% irrelevant. I'm an adult who doesn't sign the contract, yet the contract includes me. Say unexpected disaster happens. (I'm sure it's not likely. So it is disaster.) Am I liable to this even though the contract doesn't have my signature?

But is this just a common practice to include this clause of unnecessarily broad meaning?

This post has been edited by Just2centslah: Jul 16 2020, 11:04 PM

2. the expression “the Landlord” shall include any legal entity and the personal representatives, successors-in-title and assigns of the Landlord;

3. the expression “the Tenant” shall include any legal entity and the personal representatives, successors-in-title and permitted assigns of the Tenant;

<------->

Above should be enough without 'heirs'.

If you are not happy with the clause, you can request to remove the tenant. In the event the signatory passed away, the survival (mother /father) may not continued to stay in the property if the landlord chose to discontinue the tenancy.

Heirs are automatic children. Permitted assigns can be anyone, if is not named, then who ? How do landlord liaise with the occupants after tenant passed other than the children.

If you want to be specific, then have your mother's name as the assignee in the tenancy (e.g.)

This post has been edited by mini orchard: Jul 16 2020, 11:29 PM

Thank you so much, very helpful again.

Good, be your own lawyer at Lowyat.

If your parents pass away, and you purposely amended that clause, I will not refund the deposit to your beneficiaries and take all the belongings inside the house to sell off because the belongings belong to no one. I do hope your parents keep some gold, jewelry and cash.

my understanding is that it allows the landlord's heir to take over should the landlord pass away as according to the will. The contract is still in force even though the original owner passes away and ensure the contract do not die with him/her. This ensures the tenant cannot be evicted just because the new owner takes over. As for the landlord this ties the tenant to the duration of the contract even if they pass away. The heir either continues to stay for the duration or pays the remaining sum. I am not a lawyer. You can bring your contract to a conveyancing lawyer to check through

This post has been edited by CRaider2: Jul 22 2020, 01:48 AM