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Final Novation Agreement

1. This novation agreement transfers the rights and obligations under a tenancy agreement from the original landlord, Chuah Kee Lean, to the new landlord, Welty Kasthuri George. 2. The tenant, Muhammad Adib bin Abd Razak, consents to the transfer and agrees to release the original landlord from future liabilities related to the tenancy. 3. The agreement makes the new landlord responsible for obligations under the tenancy from the date of possession, and makes the original landlord responsible for any issues before that date.

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0% found this document useful (0 votes)
1K views7 pages

Final Novation Agreement

1. This novation agreement transfers the rights and obligations under a tenancy agreement from the original landlord, Chuah Kee Lean, to the new landlord, Welty Kasthuri George. 2. The tenant, Muhammad Adib bin Abd Razak, consents to the transfer and agrees to release the original landlord from future liabilities related to the tenancy. 3. The agreement makes the new landlord responsible for obligations under the tenancy from the date of possession, and makes the original landlord responsible for any issues before that date.

Uploaded by

Shanta Veloo
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© © All Rights Reserved
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You are on page 1/ 7

DATED THIS DAY OF 2023

BETWEEN

CHUAH KEE LEAN


(NRIC NO.: 570516-07-6204/ 5206597)
(“Transferor”)

AND

WELTY KASTHURI GEORGE


(NRIC NO.: 690307-10-5802/ A1257438)
(“Transferee”)

AND

MUHAMMAD ADIB BIN ABD RAZAK


(NRIC No.: 980682-12-6327)
(“Tenant”)

NOVATION AGREEMENT

M/S REKHA AWAT


ADVOCATES & SOLICITORS
Suite 18-9, Menara 1MK
Kompleks 1 Mont Kiara
No 1, Jalan Kiara, Mont Kiara
50480 Kuala Lumpur
Tel : 03-62432271
Fax : 03-62013768
email: [email protected]
(Ref. No.: RA/02261/2023)

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THIS NOVATION AGREEMENT is made on the day of 2023

Between

(1) CHUAH KEE LEAN (NRIC NO.: 570516-07-6204/ 5206597) of A-18-08, Cantara
Residences, No.6, Jalan Pju 1A/42B, Ara Damansara, 47301 Petaling Jaya, Selangor
(“Transferor”);

And

(2) WELTY KASTHURI GEORGE (NRIC NO.: 690307-10-5802/ A1257438) of No. 35 Jalan
Wawasan 2/10, Pusat Bandar Puchong, 47100 Puchong, Selangor Darul Ehsan
(“Transferee”);

And

(2) MUHAMMAD ADIB BIN ABD RAZAK (NRIC No.: 980682-12-6327) of

(“Tenant”)

Each a “party” or “Party” and reference to “parties” or 1“Parties” shall refer to each of the Transferor,
Transferee and the Tenant respectively.

WHEREAS:

(A) The Transferor and the Tenant entered into a tenancy agreement particularly identified in the
Schedule (“Tenancy Agreement”) to this Agreement. A copy of the tenancy agreement is
attached herewith as Appendix 1.

(B) Pursuant to the Sale and Purchase Agreement dated between the
Transferor and the Transferee, the Transferor has agreed to transfer all its rights, benefits,
interest and obligations under the Tenancy Agreement to the Transferee and the Transferee
has agreed to acquire the same from the Transferor for the consideration and upon the terms
and subject to the conditions set out in this Agreement.

(C) It is a term of the Tenancy Agreement that the Transferee has to agree to allow the Tenant to
continue its occupation of the Premises for the unexpired term of the Tenancy.

IT IS HEREBY AGREED AS FOLLOWS: -

1 Conditional Agreement

1.1 This Deed is conditional upon the completion of the sale and purchase of the Property under
the Sale and Purchase Agreement and if such sale and purchase shall not be completed, this
Deed shall become null and void and cease to be of any effect and none of the party or parties
hereto shall have any further rights against the other party or parties under this Deed save and
except for and without prejudice to any right which any party or parties may be entitled to
against the other party or parties in respect of any antecedent breach of this Deed.

1.2 The Transferor shall promptly notify the Tenant of the Delivery Date (Delivery Date shall mean
the date the Transferor delivers the legal possession of the Demised Premises to the
Transferee in accordance with the Sale And Purchase Agreement) and the completion of the
sale and purchase of the Property under the Sale Agreement.

1. NOVATION

1.1 In consideration of the mutual agreements and covenants of the Parties hereunder, it is
hereby agreed that with effect from the Delivery Date

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(a) The Transferor hereby assigns and transfers absolutely, without reservation to the
Transferee and the Transferee shall accept and assume all of the Transferor’s rights, title,
benefits, interests and obligations of the Transferor under the Tenancy Agreement and;

(b) The Transferor shall cease to be a party to the Tenancy Agreement and the Transferee
shall become a party to it in place of the Transferor;

(c) The Transferee hereby agrees to be bound by, observe and perform all obligations of the
Transferor as well as to observe each of the covenants, stipulations, terms and conditions
howsoever arising under the Tenancy Agreement in substitution for the Transferor as if
the Transferee were a party to the Principal Agreement, with effect from the Delivery
Date. The Transferee shall hereafter indemnify and keep the Transferor indemnified and
save the Transferor harmless against all claims, suits, proceedings, demands, liabilities,
losses, fines, charges, expenses and costs suffered or incurred by the Transferor arising
from or in connection with non-performance or breach by the Transferee of the Tenancy
Agreement from with effect from the Delivery Date;

(d) The Transferor hereby agree with the Transferee that the Transferor shall have no rights
title interest or claim of whatsoever nature whether legal equitable or otherwise under the
Tenancy Agreement with effect from the Delivery Date PROVIDED ALWAYS that nothing
herein shall affect the rights of the Transferor in respect of the liability of the Tenant
arising under the Tenancy Agreement prior to date hereto. The Transferor undertakes
with the Transferee to indemnify and keep the Transferee indemnified and save the
Transferee harmless against all claims, suits, proceedings, demands, liabilities, losses,
fines, charges, expenses and costs suffered or incurred by the Transferee arising from or
in connection with non-performance or breach by the Transferor of the Tenancy
Agreement prior to the Delivery Date.

1.2 At the request of the Transferor and in consideration of mutual covenants hereunder and with
effect from (and including) the Delivery Date, the Tenant hereby consents and agrees to the
assignment by the Transferor to the Transferee of the rights, title, benefit and interests and
the novation of the obligations and liabilities under the Principal Agreement. The Tenant
hereby agrees that the Transferee shall be entitled to all the rights, title, benefits and interest
of the Transferor under the Tenancy Agreement and agree to be bound by, observe, perform
all obligations of the Tenant as well as to observe each of the covenants, stipulations, terms
and conditions howsoever arising under the Tenancy Agreement in every way as if the
Transferee had been a party to the Tenancy Agreement in place of the Transferor.

1.3 The Tenant hereby consent and agrees to release and discharge the Transferor from all
claims and demands, and from each of its liabilities and all future obligations, howsoever
arising under the Tenancy Agreement with effect from the Delivery Date and agrees to accept
the liabilities and obligations of the Transferee in place of the Transferor to the extent
provided under this Agreement.

2. FURTHER ASSURANCE

2.1. Each of the parties agree to perform (or procure the performance of) all further acts and
things, and execute and deliver (or procure the execution and delivery of) such further
documents, as may be required by law or as may be necessary or reasonably desirable to
implement and/ or give effect to this Agreement.

3. GOVERNING LAW

3.1. This Agreement and the relationship between the parties shall be governed by, and
interpreted in accordance with, the laws of Malaysia.

4. GENERAL

4.1. This Agreement shall be binding on the successors in title of the parties.

3
4.2. Each party shall bear its own costs including but not limited to legal costs for the preparation
and execution of this Agreement save that the stamp duty to be paid on this Agreement shall
be borne by the Transferee.

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IN WITNESS WHEREOF the parties hereto have hereunto set their hands the day and year first
above written.

Signed by the transferor )


in the presence of :- )
……………………………………………..
CHUAH KEE LEAN
(NRIC NO.: 570516-07-6204/ 5206597)

Signed by the transferee )


in the presence of :- )
..…………………………………………
WELTY KASTHURI GEORGE
(NRIC NO.: 690307-10-5802/ A1257438)

SIGNED by the Tenant )


In the presence of: - )
………………………………………………
MUHAMMAD ADIB BIN ABD RAZAK
(NRIC No.: 980682-12-6327)

5
SCHEDULE
(to be construed as an essential part of the Novation Agreement)

Section Item Particulars

1. Tenant MUHAMMAD ADIB BIN ABD RAZAK


(NRIC No.: 980682-12-6327)

Address:

Tel: 011-2735 7325

2 Date of Tenancy Agreement Tenancy Agreement dated 15/10/2022


together with the additional schedule
commencement dated 15/10/2023

3 Particulars of Tenancy Tenancy Agreement for the rental of


Agreement demised premises known as CT-09-03A,
Cambridge Tower, Garden Plaza, Cyber
3, 63000 Cyberjaya, Selangor Darul
Ehsan

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APPENDIX 1
[Copy of Tenancy Agreement to be novated]

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