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Lease and Tenancy

1. A tenancy is an unregistered right to occupy land that arises from an agreement, while a lease is a registered right to occupy land that arises upon registration of a transfer instrument like Form 15A or 15B. 2. Mr. Gan can regain possession of the land from Mr. Lee since their agreement was not registered as a lease. As an unregistered tenancy, Mr. Lee's right to occupy expires after 10 years and he cannot claim a long term right to the land. 3. An unregistered lease has no legal effect and cannot be enforced against subsequent purchasers or mortgagees. To be valid, a lease must be in writing and registered under the

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198 views

Lease and Tenancy

1. A tenancy is an unregistered right to occupy land that arises from an agreement, while a lease is a registered right to occupy land that arises upon registration of a transfer instrument like Form 15A or 15B. 2. Mr. Gan can regain possession of the land from Mr. Lee since their agreement was not registered as a lease. As an unregistered tenancy, Mr. Lee's right to occupy expires after 10 years and he cannot claim a long term right to the land. 3. An unregistered lease has no legal effect and cannot be enforced against subsequent purchasers or mortgagees. To be valid, a lease must be in writing and registered under the

Uploaded by

LIA170033 STUDENT
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LIA2009/LXEB2122 Land Law II 2018/2019

Tutorial Questions

LEASE AND TENANCY

1. Explain the differences between a tenancy and a lease under the National Land
Code.
Lease
i. Oral or written agreeement – right ad rem
ii. Legal effect upon registration of instrument in form 15A or 15B

Tenancy
i. Not registrable - so it be created by agremetn – right in rem
1) Orally
2) Written
3) s.223(2)
Protected by an indorsement

2. Mr Gan had let a plot of his land known as PT 2124, Kampung Gembira to one of
his distant relative, Mr Lee. They had entered into an agreement and that Mr
Lee had to pay ground rent of RM500 a month. Since the land was not needed
for any urgent use, Mr Lee confidently expected to be able to stay there for a
long period of time. Mr Lee had built a house and cultivated fruit trees there.
After 10 years, Mr Gan decided to regain the land. Advice Mr Gan.

Ahmad Shazily Ismail Bakti v Nik Salma Zaidah

-CoA laid down conditions:


1) tenant must prove tenant-landlord relationship
2) tenant must prove pay regular ground rent
3) Prove encouragement on part of landlord
4) on part of tenant – expectation – tenant is allowed to stay on the land and as a
result they
expended money on the land

on the ground that can be said his tenancy not indorse. And tenancy should only be
less than 3 years. in this situation it is monthly – as he pays monthly – the tenancy be
renewed monthly – depends on the tenant –
making assumption has to sconsider – create a lease for example – lese has to be
registeresd – what section – mageret chua – 206(3) – no lease – no registration –
how to prove tenancy coupled with equity
3 requiremtn
Promise or encouragement
Show detriment – need to show the proof or seult of the conduct –
If prove tenancy cupled with equity -?
To prove whether equity has fully satisfied – reasonableness – how about
notice ? – 2013 qs 4 – miw
2014 2a – lau 2015 qs 4

3. With reference to the relevant statutory provisions and case law, discuss the
position of unregistered lease under the Malaysian land law.

4. Abu was te registered proprietor of a shoplot No 1234 held under Registry Title.
He entered into a tenancy agreement with Roy for 2 years but it was not
endorsed. 1 year later, Abu sold the shoplot to Eric. Thereafter, Eric served a
notice to quit to Roy. But he refused to vacate, claiming that he had an oral
agreement with Abu to renew the tenancy. Advice all parties.

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