Terminate Tenancy Agreement Before Expiry Date In Malaysia

What are the terms of the current agreement that should be included in the extension period? However, some judges have called for a more effective weakening of donors. In the most recent case of Sargunam Seeniappan v. Velloo Vallian vellayan, High Court Judge Amelia Tee Hong Geok Abdullah J found that, since a new tenant was found within six months of the expiration of the lease by the previous tenant, six months` rent was sufficient to cover the damages agreed for the period prior to the new tenant`s guarantee. To this end, Sargunam Seeniappan demonstrates the Tribunal`s current approach to the lease term that has not expired. The court will only grant the lessor an amount for a limited period that essentially reflects the free tenancy period until the lessor has insured a new tenant, but not for the remainder of the un expired tenancy period. Renewal options are in principle clauses in the tenancy agreement that allow you to extend your rent by a new term at the end of the first period. If you have signed a contract with an initial term of three years. B, you may be able to renew the lease for a further three years if you have a clause like this in your contract. [52] Under paragraph 10, paragraph 2 of the lease, given that the lease lasted three years and the first defendant had terminated the lease early and the premises had been emptied before the expiry of the full three-year period, the first defendant is required to pay the applicant these rents for liquidated damages for monthly rents and service charges for the duration of the lease under the lease. Therefore, the applicant is not required to reduce its losses claimed by the defendants.

The applicant`s claim was therefore valid and reasonable and had to be maintained by that court”[2] Subject to the renewal clauses in the tenancy agreement, the lessor or tenant may decide to renew the tenancy agreement under the same conditions. However, if the landlord has received the compensation and the tenant then leases the property to another, the landlord will pay back the rent he received to the previous tenant. There are many reasons why a tenant or landlord wants to terminate a tenancy agreement prematurely. This may include unforeseen circumstances requiring relocation, poor business conditions that lead to the closure of the business by the tenant, or the landlord who wishes to recover free ownership of the property to rent a higher rent. Whatever the reason, early termination of a lease is essentially an offence, unless the contract expressly authorizes early termination. In addition, the lessor is also required to reduce its losses at the end of the lease. This means that the lessor must take reasonable steps to reduce its losses if it is clear that the lease is terminated – for example, by announcing the new tenants who are taking over the lease. These extra costs would generally be borne by the tenant, since they result from the tenant`s violation. As a result, a lease may include a force majeure clause that suspends obligations such as rent payment due to the unforeseen MCO. However, as noted above, the standard lease does not have such a clause, so in reality, the MCO is unlikely to affect the vast majority of leases.

In the Malaysian case of JR Lincks Educational Consultants Sdn Bhd v Goh – Sons Enterprise Sdn Bhd, the tenant informed the landlord that he would stop paying the rent until the landlord was successful in completing his contract page. The landlord then sued, among other things, the tenant for non-payment of the rent. The courts relied on the British case of British Anzani (Felixstowe) Ltd/International Marine Management (UK) Ltd to decide that the tenant has the right to withhold the rent if he has a real claim against the landlord.

Print Friendly, PDF & Email
Please follow and like us: