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LEGAL ISSUES - Coggle Diagram

- - - - Section 221(2) (3) (4) NLC
        
        (2) the lease granted exceeds 3 years
        
        3) the maximum duration for a building is 30 years
        
        (4) lease relates to part of the alienated land shall be attached to the instrument a plan and description sufficient to enable the part to be accurately identified
    - - Section 235, Notice of Forfeiture, Unauthorised and unlawful use of the premise, caused damage to the premise
      - Section 234 (1) (a) - every lease, sub lease or tenancy be liable to forfeiture if breaches any of the provision
      - Conclusion - there is a breach
    - - Toys Box Marketing (M) Sdn Bhd v Penn Mart Toys Sdn Bhd - 2 Notice to Quit served on the Defendant (the Appellant) to vacate from the premise. The first notice was issued by the original landlord, Raya Reality. The deadline for the first notice was 31/03/2018 but the defendant continued to pay rent to the Raya Reality beyond deadline set and the landlord continued to accept it. The court held that the landlord did not intend to enforce the first Notice. The notice has been waived by accepting the rental after the dead line of the Notice.
      - BP MALAYSIA v ZABEDAH MOHAMAD & Otrs 2010 MLJ2 144
      - Section 235, Notice of Forfeiture, Unauthorized and unlawful use of premise, caused damage to the premise
      - S 234(3) NLC- Any action done (accepting the rent) shall constitute a waiver of the right to forfeit
    - - Section 219 (1)The interest of any lessee or chargee shall pass to and vest in the transferee upon the
        registration of the transfer.
      - Where a lease is registered, the existence of the lease is endorsed on the title.
      - if the proprietor decides to sell the property, the buyer if this is not disclosed to him and he does not make a land search, is bound by the lease because it is registered and endorsed.
      - The buyer, therefore, cannot deny the rights of the person to whom the property is leased or ask him to vacate the property until the expiry of the lease period.
      - Section 215 (2), (3)(a)
        
        (2) The title of the transferor shall pass to and vest in the transferee upon the registration of any such transfer, together also with the benefit of any registered interests then enjoyed with the land.
        
        (3)(a) The transferee of any alienated land shall hold the same subject to any lease, charge or other registered interest subsisting in respect thereof at the time the transfer is registered
      - M. Chin wishes to take drastic legal action against sunrise on 29th April 2021. It passed 5 years since quatro and sunrise lease agreement. Sunrise must vacate
  - - - Section 223(1)(a) - power to grant tenancy
    - - Section 213 - Tenancy exempt from registration
        
        Section 213 (1) (a) - any tenancy or sub-tenancy that is granted for a term not exceeding three years
        
        Section 213(2) of the NLC provides that (a) tenancy shall be valid whether it is effected in writing or by word of mouth; (b) If the tenancy is effected in writing, the instrument shall not be capable of registration.
        
        Section 213 (3) of the NLC provides that no tenancy exempt from registration shall be binding on a subsequent purchaser unless, prior to the date on which the dealing takes effect, the tenancy has become protected by an endorsement on the register document of title to the land pursuant to Chapter 7 of Part Eighteen of the NLC.
        
        Once endorsement is perfected, the tenancy binds any subsequent purchaser of the land
        
        In the case of Than Kok Leong v Low Kim Hai (1983) 1 MLJ 187, the fact of the case was that the landlord has sold his land to a purchaser and has served the tenant at that time with a notice which was ignored by the tenant. Since the tenant has failed to endorse his tenancy, his interest as a tenant was not binding and he has to vacate the premises
        
        Luggage Distributors Sdn Bhd v Tan Hor Teng, a tenancy cannot be protected by a private caveat, only by an endorsement
    - - Whether they have power to even grant a sub-tenancy to Melvin
        
        Section 223 (1) (c) - power to grant subtenancy
        
        Section 225(1) © - Powers are exercisable subject to the express or implied provision in the tenancy agreement
        
        Case to allow sub tenancy agreement + condition of consent
      - Whether the sub tenancy agreement between Jagjeet and Co and Melvin was valid?
        
        The contract between Jagjeet and Quatro is void ab initio - Not valid
        
        A case on not obtaining consent
      - Whether they have breach?
        
        Section 125 CA - definition of breach
        
        S18 Contracts Act
        
        Breach of duty w/o intention that gives an advantage to any person
        
        Mistake - section 21 contract act
        
        section 23 of the Act - where a contract is not voidable merely because it was caused by one of the parties to it being under a mistake as a matter of fact.
        
        Malaysia doesn’t recognise unilateral mistake
        
        Contract is void ab initio
        
        Case on unilateral mistake of identity
        
        Conclusion: the sub tenancy is void
        -Procedure to Evict Melvin
    - - S228(1) Options for renewal
      - The landlord is given the right to terminate the lease upon a violation (unauthorised subletting or tenancy) The lessor must give the lessee a written notice specifying the breach but any action done by the lessor in accepting rent constitutes as a waiver of right to the forfeit.
  - - - 1st Floor with sunrise -S216 NLC states that in the case of a lease that if the transferee were to buy the land, Merit will enter into contract with encumbrances.
      - 2nd Floor with Jagjeet
        
        Section 215 (1) (3) NLC - transfer of land
        
        Section 216 -for tenancy exempt from registration, Merit will hold the land free from encumbrances but allows Jagjeet to claim against Quatro based on contract or equity
    - - Kwan Kok Kwong v Tremolo Resources, one of the main obligations of a vendor under a contract for the sale of land is to give a purchaser a title ‘free from encumbrances’
      - Lim Cheng Im v Jagdish Kaur a/p Gurdial Singh, the Plaintiff has not committed any breaches here, and the contract has never lapsed considering the Defendant’s continuing failure to ensure that the land is free from encumbrances. The def was held accountable.
      - Conclusion - accountable
      - COURSE OF ACTION
    - - Violations may include unauthorised sub letting or tenancy
        
        (S235 NLC)- Any action done by the lessor must first serve on the lessee a written notice specifying the breach or violation (misplace use of concept)
      - S7(2) of Special Relief Act