Malaysia Case Law: Decisions & Judgments

Topic

Month-to-month tenancy

Legal area

Court

7 Dec 2023

ASIA PACIFIC HIGHER LEARNING SDN. BHD. 1. ) SSB CAPITAL SDN. BHD. 2. ) MALAYSIA AIRLINES BERHAD

Citation

WA-22NCvC-437-08/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-437-08/2020 (Mahkamah Tinggi)

Application dismissed because the plaintiff, as a sub-tenant, had no continuing locus to occupy after the master tenancy expired and the consent order; the plaintiff had notice/acknowledged the consent order and failed to intervene earlier; the second defendant retained contractual rights via a Letter of Confirmation and month-to-month tenancy with EPF; balance of convenience favoured the second defendant and damages were an adequate remedy, so injunction was refused.
19 Jan 2021

INDUSBUILT SDN. BHD. [No. Syarikat: 197801006618 (43614-X)] SOUTHERN STEEL MESH SDN. BHD. [No. Syarikat: 198001012163 (65949-T)]

Citation

WA-22NCvC-191-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-191-03/2020 (Mahkamah Tinggi)

The court found no binding renewals because the renewal clause required a written request by the tenant and mutual agreement which was not established; the plaintiff's unsigned unilateral letters and late invoicing were insufficient; plaintiff accepted and received RM22,500 monthly for years thereby acquiescing and effectively creating a month-to-month tenancy and estopping itself from claiming higher rent; accordingly the writ disclosed no reasonable cause and was struck out under Order 18 r.19. Separately, the deposit of RM33,000 was objectively paid and acknowledged and must be returned; p…

Malaysia Case Law

ASIA PACIFIC HIGHER LEARNING SDN. BHD. 1. ) SSB CAPITAL SDN. BHD. 2. ) MALAYSIA AIRLINES BERHAD

INDUSBUILT SDN. BHD. [No. Syarikat: 197801006618 (43614-X)] SOUTHERN STEEL MESH SDN. BHD. [No. Syarikat: 198001012163 (65949-T)]