Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Waiver by acceptance of payment
  • 14 Jan 2025

    MOHD SHUKRI BIN OMAR NAZ KEL SDN. BHD.

    Citation
    DA-24NCvC-299-08/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-24NCvC-299-08/2024 (Mahkamah Tinggi)

    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).