This Article is written in connection with the recent Federal Court case of Rohasassets Sdn
Bhd V Weatherford (M) Sdn Bhd & Anor 2020 1 MLJ 557.
One take away from this article should be that Landlord has the right of option to charge
double rental regardless of whether there exists a double rental clause in the Tenancy
Agreement or whether there was no wilful or contumacious intent on the part of the Tenant in
holding over the demised premise. The reason, is simple, the right is given by statute and
henceforth will be enforced by the Court. So, S28(4)(a) Civil Law Act 1956 provides that:-
“Every tenant holding over after the determination of his tenancy shall be chargeable, at the
option of his landlord, with double the amount of his rent until possession is given up by him
or with double the value during the period of detention of the land/premises so detained,
whether notice to that effect has been given or not”.
What it means by the term ‘wilful or contumacious intent on the part of the tenant in holding
over the demised premise’ is that, it’s a condition provided by the English law whereupon the
Landlord has to prove on a balance of probabilities that the Tenant refused to deliver
up the demised premise after the Tenancy has ended. Only then, is the landlord allowed to
claim for double rental.
However, our statute is not concern with that but is concern with whether there was a failure
to deliver possession of the demised premise after being told to do so by the Landlord. The
reason is because double rental claim is not about claiming rental but it is a penal sum for
the inconvenience and loss the tenant has cause the landlord in refusing to give up
possession of the demised premise.
Therefore, if after the tenancy agreement has ended and there are no talks of renewal and
the landlord has issued a Notice to request the tenant to vacate the demised premise by a
certain date and when the Tenant refuses or fails to vacate by that certain date, then the
double rental right will automatically kick in until possession of the demised premise is
handed back over to the Landlord. In other words, double rental claim can only be claimed
when tenant becomes a trespasser from the date of expiry of Notice to Quit up until the
tenant gives up possession of the demised premise.
So, to answer the above title, Yes, the landlord has the right of option to do so when there is
no consent given by the landlord to the tenant to remain at the demised premise and where
the landlord has requested the tenant to vacate the premise.
By Hillary Khong Li Yein
Note: This article does not constitute legal advice to any specific case. The facts and
circumstances of each and every case will differ and therefore will require specific legal
advice. Contact us at 03-77339922 or office@lawsywong.com if you have any queries.
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