The Assignment Of Lease By Landlord is a crucial document in Malaysian property transactions where a landlord wishes to transfer their interest in a lease to another party while maintaining the existing tenant's occupancy. This document is commonly used in situations such as property sales, corporate restructuring, or portfolio management. It must comply with Malaysian law, particularly the National Land Code 1965 and the Contracts Act 1950, and typically requires registration with the relevant Land Office. The document covers essential elements including property details, existing lease terms, financial obligations, and the specific rights and duties being transferred. It's particularly important in commercial property transactions where maintaining lease continuity is crucial for both business operations and asset value.
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1. Parties: Identifies the current landlord (Assignor), the new landlord (Assignee), and the existing tenant
2. Background: Recitals explaining the existing lease arrangement, the landlord's right to assign, and the intention to transfer the lease
3. Definitions: Defines key terms used throughout the document including Property, Lease, Assignment Date, etc.
4. Assignment: Core clause transferring all rights, title, and interest in the lease from Assignor to Assignee
5. Consideration: States the payment or consideration for the assignment
6. Assignor's Covenants: Warranties and representations by the current landlord regarding the lease and property
7. Assignee's Covenants: New landlord's undertakings to perform the landlord's obligations under the lease
8. Completion: Details of the completion process, including timing and requirements
9. Notices: Procedure for serving notices under the assignment
10. Governing Law: Specifies Malaysian law as governing law and jurisdiction
1. Tenant's Consent: Required if the existing lease mandates tenant's consent for assignment
2. Outstanding Arrears: Needed if there are any rent arrears or other outstanding payments to be addressed
3. Property Management: Include if there are specific property management arrangements to be transferred
4. Security Deposits: Required if there are existing security deposits to be transferred to the new landlord
5. Existing Claims: Include if there are ongoing disputes or claims relating to the lease
6. Tax Provisions: Required if there are specific tax implications or arrangements to be addressed
1. Property Details: Detailed description of the property including lot number, title details, and address
2. Existing Lease: Copy or key terms of the existing lease being assigned
3. Rent Schedule: Details of current rent, payment dates, and any review provisions
4. Inventory: List of any fixtures, fittings or equipment included in the lease
5. Outstanding Matters: List of any ongoing obligations, maintenance issues, or disputes
6. Completion Requirements: Checklist of documents and actions required for completion
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