Affidavit Of Non Tenancy Template for Malaysia

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.

About the Affidavit Of Non Tenancy

An Affidavit Of Non Tenancy is a sworn legal document that you must execute when declaring that your property is free from any tenancy arrangements under Malaysian law. This statutory declaration, governed by the Statutory Declarations Act 1960, provides formal confirmation that no tenants occupy your property and that you have full vacant possession rights.

When do you need this document?

You will need an Affidavit Of Non Tenancy in several critical situations. Property sales require this document to assure buyers that they will receive vacant possession upon completion. Banks and financial institutions demand it for mortgage applications and refinancing to verify that no existing tenancy agreements could affect their security interest. The Land Office may require this affidavit when processing property transfers or subdivisions. Legal proceedings involving property disputes often require sworn evidence of vacancy status. Insurance claims related to property damage may also necessitate this declaration to establish occupancy status at the time of loss.

Key legal considerations

Your affidavit must contain accurate and complete information as false declarations carry serious legal consequences under Malaysian law. Include comprehensive property details such as lot numbers, title information, and exact addresses as registered with the Land Office. Clearly state your legal interest in the property, whether as registered owner, joint owner, or authorized representative. The declaration must explicitly confirm the absence of any tenancy agreements, whether formal or informal, written or verbal. Consider potential complications such as family members residing in the property, caretakers, or any informal occupancy arrangements that might affect the declaration's accuracy. Remember that this document becomes admissible evidence under the Evidence Act 1950, so accuracy is paramount.

Legal requirements in Malaysia

Under Malaysian law, your Affidavit Of Non Tenancy must comply with specific statutory requirements. The Statutory Declarations Act 1960 mandates that you execute the document before a Commissioner for Oaths, who will verify your identity and witness your oath. You must provide valid identification, typically your NRIC or passport, when making the declaration. The document requires proper stamping under the Stamp Act 1949 to be admissible in court proceedings. Include all mandatory elements: your personal details including NRIC number, age, and occupation; comprehensive property description matching Land Office records; clear statements about ownership status; and explicit declarations about tenancy absence. The National Land Code 1965 governs property ownership aspects, ensuring your declarations align with registered title information. Consider engaging legal counsel if you are uncertain about property status or potential occupancy issues that might affect your declaration's validity.