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Tenancies: Leasehold Estate and Tenancy

 Tenancies: Leasehold Estate and Tenancy Essay

TOPIC a few: TENANCIES

a few. 1Definition of the Lease/Tenancy

your five. 1 . one particular ‘Tenancy' and ‘Tenancy Not affected by Registration' – ss five, 213 and 223

a few. 2Creation of a Tenancy

your five. 2 . you Indorsement of Tenancy

five. 3Types of Tenancy below NLC

5. 4Determination of Tenancies

Sources:

1 . Teo & Khaw, Chapter 6th

2 . Sihombing J, Phase 15

a few. Joshua, Chapter 8

5. Salleh Buang, Chapter six

5. Ainul Jaria Maidin, Chapter 8

TOPIC your five: TENANCIES

five. 1DEFINITION OF ANY TENANCY

• Meaning underneath NLC:

um " tenancy”: ss 213 & 223 – ‘tenancy exempt from registration'.

• Identify the differences between a lease contract and tenancy.

• Mere label of lease does not always mean lease but is tenancy: Golden Court Hotel v Pemegang Harta Malaysia [1995] 4 MLJ 708

• Three essential characteristics of a lease/tenancy:

• s 225(2) interpretation

five. 1 . 1‘Tenancy' and ‘Tenancy Exempt from Registration' – ss 5, 213 and 223

Q: virtually any distinction among a ‘tenancy' and a ‘tenancy not impacted by registration' underneath NLC:

Bronze Kiaw sixth is v Gan Chye Khoon [1983] 2 MLJ 109 FC

• Effect of a tenancy exempt from subscription on businesses and chargees

Motel Ambassador Sdn Bhd versus Seapower Sdn Bhd [1991] 1 MLJ 404

Than Kok Leong v Low Betty Hai [1983] 1 MLJ 187

a few. 2CREATION OF YOUR TENANCY

five. 2 . 1Indorsement of Tenancy

• Orally or on paper: s 223(2)

• May be protected by way of an indorsement on the RDT: s 213(3)

Q1: Whether a tenancy not affected by registration can be binding on the subsequent buyer or a buyer pursuant to the order available?

Than Kok Leong sixth is v Low Betty Hai [1983] 1 MLJ 187

Motel Ambassador v Seapower Sdn Bhd [1991] 1 MLJ 404

Q2: Can a tenant villa a stipulation as detect to the complete world?

Suitcases Distributors (M) Sdn. Bhd. v Suntan Hor Teng [1995] MLJ 719

a few. 3TYPES OF TENANCY UNDER NLC

(a) Fixed tenancy

(b) Periodical tenancy

(c) Tenancy when

(d) Tenancy at sufferance

(e) Tenancy with ‘estoppel'

Early Tiang Yap v Chan Chan Friends...

References: • There must be a great expectation made or prompted by the landlord and reliance by the other party on this sort of promise or perhaps expectation: God Kingsdown in Ramsden v Dyson (1866) LR 1 HL 129

• Go through cases and articles: