Circumstances
Pursuant to Section 234 of the National Land Code:
“… tenancy exempt from registration shall, subject to any express provision therein to the contrary, be liable to forfeiture if the tenant, lessee or sub-lessee for the time being:
- (a) Breaches any of the provision thereof, express or implied;
- (b) Is an adjudicated bankrupt; or
- (c) Being a company; goes into liquidation.
The forfeiture of the tenancy may be enforced by re-entry into the land or by action in the relevant court, but subjected in the former case to the provisions of any other written law for the time being in force.
The solicitor should note that if the landlord is unaware of the breach at the relevant time whereby if the said breach could not by a reasonable diligence be discovered, it does not constitute a waiver of the right to forfeiture. This is pursuant to Section 234(3) of the National Land Code:
“…where any lease, sub lease or tenancy, has become liable to forfeiture for breach of any sort of provisions thereof, the acceptance by the person or body for the time being entitled to the reversion thereon of any rent falling due after the date of the breach, or the doing by that person or body of any other act showing an intention to treat the lease, sub lease or tenancy is still subsisting, shall unless that person or body was not at the time aware of the breach, constitute a waiver of the right of forfeiture.”
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.