Open ↗(1) Except for an application made under section nade to a court; and no order or judgement foi the recovery or possession of any controlled premises
[Pt. IV, S. 16] or any part thereof comprised in a tenancy shall be made or given by the court except in any of the following cases—
(a) where rent lawfully due has been in arrear for fourteen days or upwards: Provided that rent shall not be deemed to be in arrear if the tenant proves that it was tendered before such daté;
(b) where any obligation of the tenancy other than the payment of rent (whether under the contract of tenancy or under this Act), so tar as the obligation is consistent with this Act, has been broken or not performed by the tenant and the court considers it reasonable that such order or judgment be made or given;
(c) where the landlord, as a step towards increasing the rent in pursuance of section 9, has given the tenant a notice to quit, and the tenant holds over possession at the expiration of such notice without paying or agreeing to pay the increased rent;
(a) Where the tenant, or any person residing or lodging with him or being his subtenant has been guilty of conduct constituting a nuisance or persistent annoyance to persons in the neighbourhood; or of using or permitting the use of the controlled premises for illegal or immoral purposes; or of the breach of any written law under which any business is carried upon the premises; or has caused substantial damage to the premises; and, if such person is a lodger or subtenant, the court is satisfied that the tenant has not, before the making or giving of the order or judgment, taken such steps as he ought reasonably to have taken for the removal of the lodger or subtenant;
DPt. IV, S. 16]
(e) where the tenancy has been determined by notice to quit given by the tenant;
(f) where the owner of the controlled premises reasonably required the same for occupation by himself or any member of his family or any person for whom he holds the premises in trust, and—
(i) there has been no change by purchase in the ownership of the premises since 15th February 1942; or
(ii) the tenancy has been determined by not ess than one year's notice to quit an‹ here has been no change by purchase il the ownership of the premises within one year next preceding the date of such notice: Provided that an order or judgement shall not be made or given on any ground specified in this paragraph if the court is satisfied that, having regard to all the circumstances of the case, including the is avaioa le foter othener or the teation greater hardship would be caused by reansing to grant tor judgment than by Provided further that in the case of a controlled premises being used by the tenant for business, trade or professiona urposes an order or judgment shall no e made or given on any groun specified in this paragraph unless the court is satisfied that the owner requires them for the purpose of carrying on his own business, trade or profession;
(g) where the controlled premises were let to the tenant by reason of his employment in the service of the landlord, and such employment has ceased;
[Pt. IV, S. 16]
(h) where the landiord was personally ir occupation of the controlled premises, and has let the same furnished for a term during his absence from the area of the local authority in whose area the premises are situated, and has returned to such area and required the premises for re-occupation by himself;
(i) where neither the tenant nor any member of his family is personally in occupation of the controlled premises or any part thereof;
(j) where the tenant having sublet the controlled premises or part thereof receives in respect of such subletting rents (exclusive of any payment for the sérvices provided by any local authority) for any sublet part of the controlled premises in excess of the fair rent for that part or rents which including the apportioned rental or value of any part of the controlled premises retained by the tenant or not sublet by him exceed in the aggregate by more than ten per centum the rent of the whole premises;
(k) where the tenant or any other person occupying the controlled premises under him has committed a breach of any written law in force in Malaysia relating to local authorities, or of any rule or by-law made thereunder, affecting the premises which exposes the landlord to any penalty, fine or forfeiture, and the court considers that such order or judgment should be made or given;
(I) where the tenant in breach of the lease or tenancy agreement in respect of any controlled premises is using the premises for purposes other than those for which the premises has been let;
(m) in any case, whether falling within any of the receding paragraphs or not, where the cour onsiders it reasonable that such an order ( judgment be made or given and is satisfied that
[Pt. IV, S. 16] suitable alternative accommodation iS available for the tenant or will be available for him when the order or judgment takes effect.
(2) For the purpose of subsection (1) (1) Where the controlled premises or part thereof has been let or subsequently allowed by the landiord to be used as business premises, the tenant or a member of his family shall be deemed to have occupied such premises or part thereof so long as he uses such premises or part thereof for his business or trade, notwithstanding that such tenant or such member of his family does not reside therein; but where the controlled premises or part thereof has been let as domestic premises, the tenant or a member of his family shall not be deemed to have so occupied such premises or part thereof unless such tenant or such member of his family resides therein.
(3) Where any order or judgment for the recovery of possession of any controlled premises is made or given on the grounds of the non-payment of rent the court may, if it thinks it reasonable so to do, stay or suspend execution on any such order or judgment or postpone the date of possession for such period not exceeding six months from the date of the order or judgment as it thinks fit and subject to such conditions in regard to payment by the tenant ot arrears ot rent, rent, costs and otherwise as the court thinks fit, and, if such conditions are complied with, the court may, if it thinks fit, discharge or rescind any such order or judgment.
(4) Where a landlord has obtained an order or judgment for the recovery of possession of premises on any of the grounds specified in subsection (1), and it is subsequently made to appear to the court that the order or judgment was obtained by misrepresentation or concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as the result.of the order or judgment.
[Pt. IV, S. 16-17]
(5) Except in the case under subsection (1) (e), nothing in this section. shall be deemed to relieve a landlord from the necessity of determining the tenancy according to law.
(6) In any proceedings for the recovery of possession of any premises except on the grounds set out in subsection (1) (a) no costs shall be awarded to either party to the proceedings: Provided that if the court is of the opinion that either the landlord or the tenant has acted in an improper or unreasonable manner the court may order that the landlord or the tenant, as the case may be, shall pay the whole or part of such costs as it may think fit.
Open ↗(1) Where an order or judgment for the recovery Effect of of possession has been obtained under the preceding order of possession section against the tenant of any controlled premises, on subsuch order or judgment shall not be enforceable against tenants. any subtenant of such tenant unless—
(a) the court is satisfied that such tenant was prohibited by the terms of his tenancy from subletting or that such subtenant has used the premises for illegal or immoral purposes; and
(b) such subtenant has been made a party to the proceedings or has had an opportunity of . being heard.
(2) Every order or judgment for possession made against any tenant shall declare whether it shall be enforceable against any subtenant or not.
(3) Any subtenant against whom such judgment or order is not enforceable shall, if he remains in possession after notice of the judgment or order has been served on him, cease to be a subtenant of the tenant and shall hold the premises comprised in the subtenancy subject to any subsisting restrictive covenants contained in the terms and conditions of the tenancy between the landlord and the tenant and to all the rights and powers conferred on a landlord under any law relating to distress for arrears of rent, and shall
Recovery of possession of controlled premises for the purpose of development. [Pt. IV, S. 17-18] be entitled to give up possession of the controlled premises only by giving such notice as would have been required under the original subtenancy or if no notice would have been so required on giving not less than one month's notice provided that notwithstanding anything in the contract of tenancy a landlord who obtains such judgment or order shall not be required to give any notice to quit to such subtenant.
Open ↗(1) The landlord of any controlled premises other than those within the areas of the City of Kuala Lumpur who desires to effect or cause to be effected thereto any development may apply for the recovery of the possession thereot to the Iribunal, and every such application shall be supported by—
(a) a plan for such development which has been approved by the local authority;
(b) evidence that funds are available for the purpose of putting into effect such development;
(c) a written undertaking by the landlord that work for the purpose of putting into effect such development will commence within three months of the date when possession of the premises shall have been obtained.
(2) The Tribunal, after considering such application made under this section, may make an order or refuse to make an order; and when an order is made the Tribunal shall award to the tenant against whom the order is made a compensation—
(a) in the case of a controlled premises or part thereof occupied or used for trade purposes as defined in subsection (10), such amount as the Tribunal may consider fair and reasonable provided that such amount shall not be less than a total of two years' rental but not more than a total of four years' rental;
[Pt. IV, S. 18]
(b) in the case of a controlled premises or any part thereof which when originally let consisted of vacant land but there has since been erected years' ground rental and the value of the building or buildings thereon as determined by the Tribunal or the cost of demolishing the same and transporting the materials derived from such demolition to another site as the Tribunal may reasonably allow; and
(c) in other cases, such amount as the Tribunal may consider fair and reasonable provided that such amount shall not be less than a total of one year's rental but not more than a total of two years' rental.
(3) Nothing in this section shall entitle either the tenant or the owner of any building erected on a premises which when originally let consisted of vacant land if such tenant or owner does not pay any rent for occupying such premises to claim compensation against any order that may be made against him under this section.
(4) Where the Tribunal makes an order under this section, the following provisions shall apply:
(a) the landlord in whose favour the order is made shall within ten days of the making of the order deposit with the Tribunal the amount of compensation awarded under subsection
(2) and if he fails to deposit the same the order shall, unless the Tribunal otherwise determines, be deemed to have lapsed and be void: and
(b) every tenant against whom the order is made shall vacate the premises in question within ninety days or in the case of business premises vithin twelve months of the making of the order or within such extended period as may be allowed by the Tribunal; and in vacating
[Pt. IV, S. 18] the said premises or any part thereof such tenant may remove any building or structure erected by him on the said premises. In this paragraph "business premises" shall include premises used partly for human habitation and partly for business, trade or professional purposes.
(5) Upon vacating the said premises, the compensation awarded under subsection (2) and deposited under subsection (4) shall be paid to the tenant against whom the order was made. .(6). Where the tenant fails to vacate the said premises within the period stipulated in subsection (4)
(b), the Tribunal may, without any further order, take such measures (through a Rent Officer and including assistance of the Police) as are necessary to have the tenant or tenants evicted from the premises.
(7) The premises vacated by the tenant or tenants under this section shall not be used by the landlord for any purposes other than the purpose of effecting developments in accordance with the plan approved for such purpose and until such developments are effected such premises shall remain locked.
(8) Any tenant who without any cause fails to vacate the premises in contravention of an order made under this section, and any landlord who in contravention of subsection (7) uses any premises the possession of which is recovered under this section otherwise than for the purpose of effecting development in accordance with the plan approved for such purpose shall be guilty of an offence and shall on conviction be liable to a term of imprisonment not exceeding one year or to a fine not exceeding ten thousand ringgit or both and shall also be liable to a further fine of one hundred ringgit a day for every day during which the contravention continues.
(9) A conviction under this section shall not be a bar to the prosecution of an offence under this section committed after such conviction. +
[Pt. IV, S. 18-19]
(10) For the purpose of this section, the expression "trade purpose" does not include the occupation or use of any premises or any part thereof as offices, schools, clubs, associations or any other similar purposes; and the total. of years' rental shall be calculated with reference to the rent payable at the time when the application is made, and the expression "tenant" includes a subtenant and a joint-tenant. 19.i0) Tee asdf thodiy or coatia Ldmpremisn reng of desires to effect or cause to be effected thereto any premises for development may apply tor the recovery of the the purpose of development possession thereof to the Commissioner, and every within the such applications shall be accompanied byareas of the City of
(a) a planning permission which has been granted Kuala by the Federal Capital Planning Authority Lumpur. constituted under the law relating to planning for the City of Kuala Lumpur;
(b) evidence that funds are or will be available for the purpose of putting into effect such development;
(c) a written undertaking by the landlord that work for the purpose of putting into effect such development will commence within six months of the date when possession of the premises shall have been obtained or within such further period as the Commissioner may determine in any particular case.
(2) The Commissioner shall, as soon as possible but not later than ninety days of receipt of an application made under this section, and after making such enquiries as he thinks fit, consider such application and make an order or refuse to make an order; and when an order is made the Commissioner shall award to the tenant against whom the order is made a compensation
(a) in the case of a controlled premises or part thereof occupied or used for trade purposes as defined in subsection (13) a total a four years' rental;
[Pt. IV, S. 19]
(b) in the case of a controlled premises or any part thereof which when originally let consisted of vacant land but there has since been erected thereon a building or buildings of a temporary character, an amount equal to the total of four years' ground rental;
(c) in other cases a total of two years' rental.
(3) Nothing in this section shall entitle either the tenant or the owner of any building erected on a premises which when originally let consisted of vacant land if such tenant or owner does not pay any rent for occupying such premises to claim compensation against him under this section.
(4) Where the Commissioner makes an order under this section, the following provisions shall apply-
(a) the landlord in whose favour the order is made shall within thirty days of the making of the order deposit with the Commissioner the amount of compensation awarded under subsection (2) and if he fails to deposit the same the order shall, unless the Commissioner otherwise determines, be deemed to have lapsed and be void;
(b) every tenant against whom the order is made shall vacate the premises in question within six months of the making of the order or within such extended period as may be allowed by the Commissioner; and in vacating the said premises or any part thereof such tenant may remove any building or structure erected by him on the said premises; and
(c) the Commissioner may subject the order to such conditions as he thinks fit to impose.
(5) Upon vacating the said premises, the compensation awarded under subsection (2) and deposited under subsection (4) shall be paid to the tenant against whom the order was made.
[Pt. IV, S. 19]
(6) Where the tenant fails to vacate the said premises within the period of six months of the making f such order, the Commissioner may, without an further order, take such measures as are necessar including assistance of the Police to have the tenant or tenants evicted from the premises.
(7) The premises vacated by the tenant or tenants under this section shall not be used by the landlord for any purposes other than the purpose of effecting developments in accordance with the planning permission approved for such purpose and until such developments are effected such premises shall remain locked.
(8) Any tenant who without any cause fails to vacate the premises in contravention of an order made under this section, and any landlord who in contravention of an order made under this section, and any landlord who in contravention of subsection (7) uses any premises the possession of which is récovered under this section otherwise than for the purpose of effecting development in accordance with the planning permission approved for such purpose shall be guilty of an offence and shall on conviction be liable to a term of imprisonment not exceeding one year or to a fine not exceeding ten thousand ringgit or both and shall also be liable to a further fine of one hundred ringgit a day for every day during which the contravention continues.
(9) Any landlord who fails to put into effect such development of the premises the possession of which is recovered under this section within six months of the date when possession of the premises shall have been obtained or within such further period as the Commissioner may, determine in any particular case shall be guilty of an offence and shall on conviction be liable to a term of imprisonment not exceeding one year or to a fine not exceeding ten thousand ringgit or both and shall also be liable to a further fine of five hundred ringgit a day for every day during which the failure to develop continues.
Act 190. [Pt. IV-V, S. 19-20]
(10) A conviction under this section shall not be a bar to the prosecution of an offence under this section committed after such conviction.
(11) The Minister charged with responsibility for local government may from time to time give the Commissioner directors of a general character, and not inconsistent with this section on the policy to be Iollowed in the exercise of the powers conferred and the duties imposed on the Commissioner by or under that section and the Commissioner shall as soon as possible give effect to all such directions.
(12) Any order made by the Commissioner under this section shall be final and conclusive and shall not be questioned in any court.
(13) For the purpose of this section, the expression "Commissioner" means the Commissioner of the City of Kuala Lumpur established under the Federal Capital Act 1960; and the expression "trade purpose" does not include the occupation or use of any premises or any part thereof as officers, schools, clubs, associations or any other similar purposes; and the total of years' rental shall be calculated with reference to the rent payable at the time when the application is made; and the expression "tenant" includes a subtenant and a joint tenant.
