Overview
In Malaysia the legislation regulating landlord and tenancy is still in its infancy. Unlike many other jurisdictions, Malaysia does not have legislation that deals specifically with landlords and tenants. While provisions relating to tenancies and leases can be found in the National Land Code 1965 [NLC 1965], and the Specifc Relief Act 1950 (Malaysia) makes mention of eviction as a remedy, the existing legislation remains rather vague and toothless.
The relevant areas that must be taken into note in transactions concerning tenancies and/or leases are following:
- Difference between a tenancy vs. lease agreement vs. license
- Difference between Registration (Leases) and Endorsements (Tenancies)
- Main terms and conditions of a tenancy agreement
- Events of default by tenant
- Events of default by landlord
- Notice to rectify breach
- Distress action under the Distress Act 1951 (Malaysia)
- Problem areas in distress action
- Landlord’s action of self-help
- Renewal of a tenancy/lease agreement
- Safeguards in tenancy agreement for landlord
- Safeguards in tenancy agreement for tenant
- Forfeiture of tenancy
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Tenancy and Leases - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - Jayadeep Hari & Jamil
Overview
This publication provides comprehensive guidance when dealing with the law governing landlord and tenancy in Malaysia. Although there are some legislative provisions relating to this area, landlord and tenant disputes are largely governed by common law. The lack of legislative certainty surrounding this area means it can be difficult to navigate. This step-by-step guide provides clear and practical direction which aims to ensure protection for both landlord and tenant alike.
This guide details the difference between a licence, a tenancy and a lease. It provides all the tools necessary to resolve a dispute efficiently and effectively including links to relevant legislation and references to relevant case law. The commentary highlights all of the areas of possible contention and aims to ensure that the relevant lease/tenancy agreement pre-empts any possible problems.
The guide also includes a comprehensive suite of precedents including;
- Simple tenancy agreement
- Commercial tenancy agreement
- Agricultural land lease agreement
- Sub tenancy agreement
- Notice to vacate
- Notice of termination
Whether you are acting for the Lessor or Lessee, Landlord or Tenant this publication provides useful guidance which will aid efficiency, time management and productivity.