The License To Occupy Residential Property is a specialized legal instrument used in Malaysia when property owners wish to grant occupation rights while retaining significant control over the property. This arrangement is particularly useful for temporary accommodation, corporate housing, or situations requiring more flexibility than traditional leases. The document complies with Malaysian property law, including the National Land Code 1965 and relevant property regulations. It typically includes detailed terms covering occupation period, fees, maintenance responsibilities, and termination rights, while clearly distinguishing itself from a tenancy agreement. This type of agreement is commonly used in situations involving short-term occupancy, student accommodation, or when companies provide housing for their employees.
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1. Parties: Identifies and provides full details of the Licensor (property owner) and Licensee (occupier), including names, identification numbers, and addresses
2. Background: Brief context explaining the purpose of the license and basic information about the property
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Grant of License: Specifies the exact nature of the right being granted, clarifying that this is a license to occupy and not a tenancy
5. Duration: Specifies the period of occupation, including start and end dates, and any provisions for extension
6. License Fee: Details of the license fee amount, payment schedule, and payment methods
7. Deposit: Specifies the security deposit amount, conditions for its holding and return
8. Utilities and Outgoings: Responsibilities for payment of utilities, assessments, and other charges
9. Use of Property: Permitted use of the property and any restrictions on use
10. Licensee's Obligations: Comprehensive list of the occupier's responsibilities and obligations
11. Licensor's Obligations: List of the property owner's responsibilities and obligations
12. Maintenance and Repairs: Responsibilities for maintaining and repairing the property
13. Access Rights: Conditions under which the Licensor may enter the property
14. Termination: Circumstances under which the license may be terminated by either party
15. Notices: How formal communications between parties should be made and delivered
16. Governing Law: Confirms that Malaysian law governs the agreement
1. Furniture and Fittings: Details of any furniture or fittings included in the license, to be used when the property is furnished
2. Common Areas: Rules regarding use of shared facilities, required for properties in multi-unit buildings
3. Permitted Occupiers: Details of additional allowed occupants, needed when others besides the licensee will occupy the property
4. Insurance: Insurance requirements for either party, if specific insurance coverage is required
5. Pet Clause: Rules regarding keeping pets, required if pets are allowed or specifically prohibited
6. Special Conditions: Any unique requirements or conditions specific to the property or circumstances
7. Assignment and Sublicensing: Prohibitions or conditions regarding transfer of license rights, if relevant
8. Force Majeure: Provisions for unforeseen circumstances preventing performance of obligations
1. Schedule 1 - Property Description: Detailed description of the property including address, boundaries, and included areas
2. Schedule 2 - Inventory List: Detailed list of furniture, appliances, and fittings included in the license, if any
3. Schedule 3 - House Rules: Specific rules and regulations for the property, particularly relevant for managed properties
4. Schedule 4 - Utility Accounts: List of utility account numbers and providers
5. Schedule 5 - Condition Report: Detailed report of the property's condition at the start of the license period
6. Appendix A - Floor Plan: Floor plan or layout drawing of the property
7. Appendix B - Photographs: Photographs documenting the condition of the property and any included items
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