MOHD SHUKRI BIN OMAR NAZ KEL SDN. BHD.

MOHD SHUKRI BIN OMAR NAZ KEL SDN. BHD.

On the balance of probabilities the court found that acceptance of rent for March and April 2024 did not amount to a waiver of the applicant's right to terminate the lease because the respondent had by 22.4.2024 unequivocally treated the contractual relationship as ended and sought substitution by a third party; no new binding lease was concluded between applicant and respondent; therefore the original lease is declared terminated and the respondent must deliver vacant possession within 30 days and pay costs of RM5,000 (subject to fi alokatur).

Citation
DA-24NCvC-299-08/2024 (Mahkamah Tinggi)
Parties
PEMOHON: MOHD SHUKRI BIN OMAR; RESPONDEN: NAZ KEL SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 January 2025
Case Number
DA-24NCvC-299-08/2024 (Mahkamah Tinggi)
Procedural Posture
Perjanjian Sewaan; Seksyen 7 & 8 Akta Relief Spesifik 1950 (akta 137) / Judgment on Originating Summons (saman Pemula)
Outcome
Application allowed; declaration granted that lease dated 01.07.2020 is terminated; vacant possession and costs ordered
Legal Topics
Lease Termination, Waiver by Acceptance of Payment, Possession/vacant Possession, Declaration, Costs
Source Language
Malay/English
Contract Property Landlord and Tenant Civil Remedies/specific Relief Lease Termination Waiver by Acceptance of Payment Possession/vacant Possession Declaration +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

MOHD SHUKRI BIN OMAR

PEMOHON

NAZ KEL SDN. BHD.

RESPONDEN

Procedural Posture

Perjanjian Sewaan; Seksyen 7 & 8 Akta Relief Spesifik 1950 (akta 137) / Judgment on Originating Summons (saman Pemula)

Legal Issues

  1. 1 Whether acceptance of rent for March and April 2024 amounted to a waiver of the applicant's right to terminate the lease
  2. 2 Whether the matter is suitable to be heard by originating summons or must be converted to writ proceedings

Ratio Decidendi

On the balance of probabilities the court found that acceptance of rent for March and April 2024 did not amount to a waiver of the applicant's right to terminate the lease because the respondent had by 22.4.2024 unequivocally treated the contractual relationship as ended and sought substitution by a third party; no new binding lease was concluded between applicant and respondent; therefore the original lease is declared terminated and the respondent must deliver vacant possession within 30 days and pay costs of RM5,000 (subject to fi alokatur).

Court Disposition

Application allowed; declaration granted that lease dated 01.07.2020 is terminated; vacant possession and costs ordered

Orders

  • Declaration that the tenancy under the agreement dated 01.07.2020 is terminated
  • Respondent to deliver vacant possession of the premises (PT 3924-1-2 Bandar Satelit Islam Pasir Tumboh, Kota Bharu) to applicant within 30 days from date of order