31 May 2019
TOYS BOX MARKETING (M) SDN BHD PENN-MART TOYS (M) SDN BHD
- Citation
- WA-12BNCVC-140-12/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCVC-140-12/2018 (Mahkamah Tinggi)
First Notice to Quit was waived by landlord conduct (continued acceptance of rent after the Notice deadline and conduct consistent with abandonment); the second Notice was ineffective because it was issued before Plaintiff obtained legal possession and, in any event, its ten‑day vacate period was unreasonable; Plaintiff attorned to the tenancy by accepting deposits and rents and therefore Defendant remained a lawful monthly tenant and not a trespasser; Sessions Court erred in rejecting the no case to answer submission; appeal allowed.