Q.
Is Stamping a mandatory process in a Tenancy Agreement? Tenancy Agreement - Part 2.
A.
So, stamping is not required? Yes, and No.
When dispute happens… let us assume that the landlord was outstation. Tenant cannot ascertain his rental is handed over to landlord. Then, acceptance can be doubtful. So, tenant is considered squatting without paying rental. Or, the landlord chooses to terminate the tenancy verbally, by not accepting the rental for that month (expressed or implied).
The dispute when is heard in Court, the judge/magistrate will have to listen to both sides. If there is a stamped document of tenancy contract, then decision of who is right or wrong is easier to reference to the contract.
However, if there is no stamped contract, judge/magistrate will have to make the decision by whatever is spoken by the dispute parties. Thus, a stamped contract is NOT a must, however it would facilitate the agreement on what are the essential scope to perform during it effective dates.
As there is no more written contract or contract has lapsed, the tenant continues to stay as payment of rental is fulfilled (implied acceptance by the landlord). The tenant becomes a monthly tenant.