Malaysia Case Law: Decisions & Judgments

Topic

Rent arrears

Legal area

Court

22 Apr 2025

1. ) SITI FATIMAH BINTI MOHAMAD 2. ) HAMIDAH BEE BINTI MOHAMAD 3. ) ABU HANIFFA BIN MOHAMAD ANAS BIN MAHAZAN

Citation

KA-A72-9-06/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KA-A72-9-06/2024 (Mahkamah Majistret)

Plaintiffs, being registered proprietors under Form E and registered title GM16343 Lot 6988, proved their entitlement to immediate vacant possession and outstanding rent by documentary and witness evidence; defendant produced no evidence to rebut or to establish any right to remain; under s340 NLC registered title is indefeasible and entitles the proprietor to possession, therefore plaintiffs' claims for vacant possession, rent arrears and costs are allowed.
9 Apr 2025

SENTIASA LEGA DEVELOPMENT SDN. BHD. RXT (MALAYSIA) SDN BHD

Citation

WA-A54-194-12/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A54-194-12/2024 (Mahkamah Sesyen)

The ex parte warrant of distress was properly granted because the plaintiff established all statutory prerequisites under Section 5 Distress Act 1951 (landlord-tenant relationship and rent arrears totaling RM280,000); the lease permitted termination for non-payment under clause 7.1; the defendant failed to prove fraud or any defense to negate the arrears; and the deposit could not be applied without landlord's written consent — therefore the defendant's application to set aside the ex parte order is dismissed with costs RM3,000.
22 Jan 2025

AMPANG HOTEL SDN BHD. HAVANA CLUB CONCEPT (M) SDN BHD

Citation

WA-B52NCvC-444-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52NCvC-444-10/2023 (Mahkamah Sesyen)

The plaintiff established a prima facie case by documentary evidence and correspondence showing arrears; the defendant's responses were general denials without documentary support and thus did not raise any triable issue. Accordingly, summary judgment is appropriate and the plaintiff is entitled to the claimed sum together with contractual interest and costs.
13 Jun 2024

1. ) HR VISION SERVICES 2. ) KHAIRUL AMRI BIN HAMIDI 3. ) HERAWATI BINTI HAMIDI Yayasan Wilayah Persekutuan

Citation

WA-12ANCvC-32-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-32-03/2024 (Mahkamah Tinggi)

The appeal was dismissed because the appellants admitted non‑payment and failed to adduce evidence raising triable issues; indebtedness was established on the balance of probabilities and summary judgment was therefore proper, with costs awarded to the respondent.
10 Jun 2024

GREENVIEW EDUCATION CENTRE (BANGI) SDN BHD 1. ) MASTEKNIK ENGINEERING SDN. BHD. 2. ) TENAGA NASIONAL BERHAD

Citation

BA-22NCvC-310-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-310-08/2022 (Mahkamah Tinggi)

On the evidence the court found GEC Bangi liable for rent arrears subject to deduction of payments actually made and the security deposit; the court allowed recovery of utility arrears as of 8-7-2022. The court rejected the claim for reinstatement costs (RM1,937,700) and loss of future rent for lack of strict proof of special damages and because landlord mitigated loss by reletting. The security deposit could be set off against proven arrears but could not be forfeited arbitrarily. Burden of proof under ss 101-102 Evidence Act was not satisfied for disputed special damages, therefore those cl…
29 May 2023

MPG CAREER SDN BHD 1. ) BUKIT BERUNTUNG GOLF & COUNTRY RESORT BERHAD 2. ) Mohd Zubir Bin Idrus (Tuntutan Terhadap Ke-2 Telah Dibatalkan Pada 25/8/2020) 3. ) Dr Mohd Zulkufli Bin Zakaria (Tuntutan Terhadap Ke-3 Telah Dibatalkan Pada 25/8/202

Citation

BA-22NCvC-403-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-403-09/2019 (Mahkamah Tinggi)

Court found plaintiff had committed contractual breaches (rent, assessments, performance bond, maintenance and other defaults); the 1st defendant issued proper notices to remedy in accordance with clause 12.1(ii); moratorium did not apply because plaintiff was in arrears and failed capital expenditure obligations; termination was valid and enforceable; plaintiff's claims dismissed and 1st defendant's counterclaim allowed in part for specified sums and interest.
28 Feb 2023

KOPERASI BELIA NASIONAL BERHAD KENARI HARAPAN SDN BHD

Citation

BL-22NCvC-32-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-22NCvC-32-12/2022 (Mahkamah Tinggi)

The court found the plaintiff established a prima facie case based on the unchallenged offer letter dated 18.3.2021 for the specific unit (Gudang 4A); the defendant's defenses related to a different 2019 lease and to matters being litigated separately and did not raise any triable issue on the pleaded claim, therefore summary judgment was proper and should be entered for the plaintiff with costs.
28 Apr 2022

Woo Ching Yuen Lee Boon Hong

Citation

WA-A72NCvC-8297-09/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-8297-09/2020 (Mahkamah Majistret)

The tenancy was held to be month-to-month because rent was paid monthly after expiry of the fixed term; the plaintiff proved on balance that October and November 2019 rent and utilities were unpaid and is entitled to RM4,400 and RM814.05 with 5% interest and costs; the double rental claim failed because clause 3.5 required written notice left at or sent by post to the tenant and WhatsApp messages did not satisfy that contractual requirement.
21 Feb 2022

MISSION GAME SDN BHD (NO. SYARIKAT : 1123962-K) SPECIAL CORAL SDN BHD. (NO. SYARIKAT : 911874-U)

Citation

PA-12ANCVC-56-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCVC-56-08/2021 (Mahkamah Tinggi)

The High Court held the lease was valid; Section 10 of the Covid Act 2020 saved legal proceedings commenced between 18.3.2020 and gazettement (23.10.2020) so Section 7 did not bar the respondent's claim commenced on 2.10.2020; mediation under Section 9 is not mandatory; no force majeure clause existed; consequently no triable issue justified overturning the Sessions Court summary judgment.
25 Nov 2021

PENTADBIR ATAU WAKIL DIRI, HARTA PUSAKA NIK HAZMAH BINTI NIK HASSAN TAN JEE TIU

Citation

DA-12BNCvC-2-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12BNCvC-2-03/2020 (Mahkamah Tinggi)

Filing a separate writ seeking the same relief while earlier proceedings on the same cause of action remain pending on appeal constituted an abuse of process and impermissible claim‑splitting; the appellant failed to demonstrate special circumstances to proceed before disposal of the appeal; the Session Court decision striking out the ex parte order amounted to a substantive decision on the merits, and therefore the Session Court's striking out of the writ was justified.