Difference between registration (leases) and endorsement (Tenancies)
The difference between the applicability of “registration” and “endorsement” in Malaysian land law (where tenancies and leases are concerned) is noteworthy.
Registration is only applicable to leases and it requires a written instrument in an appropriate form [Form 15A NLC] duly executed and attested before the actual registration. The registration is effected by the registrar making what is called a “memorial” under his hand and seal on both the instrument and the Register of Titles.
This memorial is a brief description on the nature and effect of the instrument, the parties concerned, and an indication of the reference under which the instrument is to be filed, as well as the time and date from which registration takes effect. The memorial is conclusive proof of registration.
In the case of endorsement which applies to tenancies, the Registrar only remarks or endorses on the Register of Titles that an exempt tenancy is being claimed, together with an indication of the application reference number and the time of which the endorsement takes effect (which is usually the time the application was received).
This endorsement, which must be signed and sealed is however not conclusive proof of the validity of the tenancy. In fact, it is not the duty of the Registrar to look into the validity of the tenancy. This means that a tenancy, even if endorsed on the Register of Titles, can still be challenged.
The Registrar is not bound to approve an application for endorsement. For example, if the tenancy claimed relates to only a part of the land covered by the relevant title, the Registrar will reject the application if it is not accompanied by a plan and description sufficient to enable that part to be accurately identified.
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.