Affidavit Of Non Tenancy for Malaysia

Affidavit Of Non Tenancy Template for Malaysia

An Affidavit of Non Tenancy is a legally binding sworn statement used in Malaysia where a property owner declares under oath that there are no tenants occupying their property. This document is commonly required in property transactions, refinancing applications, or legal proceedings to establish the vacant possession status of a property. The document must comply with Malaysian legal requirements, particularly the Statutory Declarations Act 1960, and must be sworn before a Commissioner for Oaths. It serves as official evidence of the property's occupancy status and helps protect the interests of parties involved in property-related transactions.

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What is a Affidavit Of Non Tenancy?

An Affidavit of Non Tenancy is a crucial document in Malaysian property transactions and legal matters. It is required when a property owner needs to officially declare that their property is free from any tenancy arrangements. This sworn statement is particularly important in property sales, refinancing applications, or when dealing with property-related legal matters. The affidavit must be executed in accordance with Malaysian law, specifically the Statutory Declarations Act 1960, and must be sworn before a Commissioner for Oaths. The document typically includes detailed information about the property, the owner's personal details, and explicit declarations about the absence of tenants. It serves as a legal safeguard for buyers, financial institutions, and other stakeholders by confirming the property's vacant possession status.

What sections should be included in a Affidavit Of Non Tenancy?

1. Title and Introduction: States the document type and identifies the deponent making the affidavit

2. Personal Details: Includes the deponent's full name, NRIC number, age, occupation, and address

3. Property Details: Full description of the subject property including address, lot number, and title details

4. Declaration of Ownership: Statement confirming the deponent's ownership or legal interest in the property

5. Non-Tenancy Declaration: Clear statement that there are no tenants occupying the property

6. Property Status: Current state of the property (e.g., vacant, owner-occupied)

7. Verification Clause: Standard clause stating that the contents are true and made under oath

8. Execution Block: Space for signature, commissioner for oaths details, and attestation

What sections are optional to include in a Affidavit Of Non Tenancy?

1. Previous Tenancy Declaration: Include when there were previous tenants but the property is now vacant

2. Purpose Declaration: Include when the affidavit is being prepared for a specific purpose (e.g., sale, refinancing)

3. Co-owner Declaration: Include when the property has multiple owners

4. Property Access Statement: Include when there's a need to confirm who has access to the property

5. Utility Account Statement: Include when there's a need to confirm utility account status and holders

What schedules should be included in a Affidavit Of Non Tenancy?

1. Property Title Documents: Copies of relevant property ownership documents

2. Identity Documents: Copy of deponent's NRIC or other identification documents

3. Property Photographs: Recent photographs showing the vacant state of the property

4. Utility Bills: Recent utility bills showing ownership/occupancy status

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Real Estate

Legal Services

Banking & Finance

Property Development

Property Management

Mortgage Services

Public Administration

Relevant Teams

Legal

Real Estate

Property Management

Mortgage Processing

Conveyancing

Documentation

Compliance

Property Administration

Relevant Roles

Property Lawyer

Real Estate Agent

Mortgage Officer

Property Manager

Legal Executive

Bank Officer

Conveyancing Executive

Land Officer

Property Developer

Legal Administrator

Commissioner for Oaths

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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