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Property Law Q&A
Justice
 Note: Click the Question to read the Answer
 Area of Law: Property Law
Q:
Dear eLawyer,

My friend is facing the following situation now:

My friend(Friend) has signed a contract with the Landlord to have a lease over the Landlord's house.

Subsequently, Friend has rented out one of the room of the house to another person(3rd party) without any contract being signed, the transaction was done verbally.

3rd party has paid the deposit to Friend for the rental of the room.

A dispute has arisen between Friend and 3rd party. The dispute was settled by the 3rd party agreeing to Friend that 3rd party will be leaving and it was agreed between them that on the day that 3rd party leaves, Friend will return the deposit paid earlier to the 3rd party. However, 3rd party said that 3rd party will be leaving in a week's time or as soon as possible.

Now, Friend wants to know:

(1) whether there is a fixed time period provided by the law for the 3rd party to leave or can the 3rd party take all his/her time in the world; AND

(2) What is Friend's rights as a tenant towards this incident and the best solution to it.
Jiajin Lee from Perak


 Note: Click the Question to read the Answer
 Area of Law: Property Law
Q:
Dear eLawyer,

I am having some issues with my tenancy agreement and would like to seek your advice.

I am a sub-tenant to a shop unit. The main tenant (P) is renting the whole lot, i.e. ground floor and first floor unit from the owner (A), and sub-let to us.

Our tenant agreement is 2 years with an option to renew for additional 1 year. But P informed us that they are not continue renting the place before the expiry of the transitional period. So, we were asked to call A to discuss about the renewal of the rental.

We called A and A was telling us that he would like to increase the rental of additional RMXXX which we found it a lot compared to market rate. So we tried to negotiate with him and told him we will get back to him ASAP.

But the problem arise when A sent an agent bringing the potential tenant to our unit to view the place. We are not informed about it and called A to clarify this. A said he is still considering renting the whole lot out to 1 tenant but did not give us a firm answer whether he will do that nor give us notice to move out. And he was sarcastic enough to ask us not to call him and will get back to us but did not inform us when.

My questions are:

a) Are we tenant given the right to request a 3-month notice from the owner upon the expiry of the tenant agreement?

b) Since our tenant agreement is 2 years with an option to renew for additional 1 year, are we still given the right to renew in this case?

c) Can I have your advice how shall we deal with the owner if we're asked to vacant the premises without giving us enough notice?

Your advice is highly appreciated.
J L from Selangor


 Note: Click the Question to read the Answer
 Area of Law: Property Law
Q:
I need some advice regarding S&P. Append below are chronology of events



1. 11 March 2008 : I inform the lawyer regarding the intention of earlier

handover of VP to the buyer by mean handover ALL keys.

2. 12 March 2008 : Lawyer replied (via email) by saying will arrange the

buyer to take over payment of maintenance charges, insurance etc from the

date of delivery of VP

3. 18 March 2008 : S&P stamp duty endorsed (legally binding)

4. 19 March 2008 : Handover ALL keys to lawyer and acknowledgement copy of

the keys was signed by lawyer on the buyer behalf

5. 31 March 2008 : The lawyer informed us that the buyer is not willing take

over the early VP due to don't want to bear the maintenance charges. The

buyer will take over the VP only upon payment of full purchase price ie. end

April or early May



Now my question, is 19 March 2008 the date of delivery VP? Since the lawyer

is representing the buyer, thus I will not entertain the excuse from the

lawyer due to no communication between the lawyer and the buyer



Please advise, thanks.

JC Lau from Pulau Pinang


 Note: Click the Question to read the Answer
 Area of Law: Property Law
Q:
Chloe Chin from Kedah


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