Effects
The effect of the forfeiture of a tenancy shall also extinguish all interests dependent thereon, for example any charge thereof or any derivative sublease. This is pursuant to section 236 of the National Land Code 1965.
However there is relief against forfeiture under section 237(1) of the National Land Code.
“Any lease, sub-lease or tenant against whom any person or body is proceeding to enforce a forfeiture may apply to the Court for relief against forfeiture and the Court:
- (a) may grant or refuse relief as it thinks fit, having regard to all the circumstances of the case (including, if the case is one to which the provisions of section 235 applied, the proceedings and conduct of the parties under that section); and
- (b) if it grants relief, may do so on such terms as it thinks fit
Under section 237(2), the provisions of subsection (1) shall have effect notwithstanding any provision to the contrary in the lease, sublease or tenancy in question. There is also relief for persons and bodied having dependent interest on the tenancy under section 238(1) and (2) of the National Land Code.
238. Relief to persons and bodies having dependent interests.
- (1) At any time when any person or body is proceeding to enforce the forfeiture of any lease, sub-lease or tenancy, or at any time after such a forfeiture has been effected, any person or body entitled or, as the case may be, entitled before the forfeiture took effect to any interest dependent thereon (that is to say, to any of the interests specified in paragraphs (a) to (c) of section 236) may apply to the Court for an order under this section.
- (2) On any such application the Court may if it thinks it just to do so in all the circumstances of the case, and on such terms as it thinks fit, order any person or body to grant to the applicant a lease, sub-lease or tenancy (as appropriate) of the whole or any part of the land held, or formerly held, by the applicant or the applicant's chargor, as the case may be, for a period not exceeding that for which the land is or was so held.
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.