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All Categories Legal Q&A
 Area of Law: Property Law
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
Dear J L,

Here is my answer for the questions:

Sub-tenancy is always based on the main-tenancy. If the main-tenancy does not exist anymore, the sub-tenant also has to leave unless the owner agrees for the sub-tenant to continue renting the premises.

To answer the questions one by one:

1) There is no law to fix a period for such notice for every case. You have to see whether the main tenancy agreement and the sub-tenancy agreement provide for 3-month notice. If no, how long is the period for the notice under the agreements. If there is no provision for the matter under the agreements, the normal practice is one month to be given for tenant to vacate the premises. However, you can discuss with the owner to reach a settlement as to when you can move out.

2) Sub-tenancy is based on main tenancy. As the main tenancy between the owner and the main tenant has been terminated, the sub-tenancy also cannot exist unless the owner agrees for you to continue renting the premises

3) You have to find out the period for the notice for vacant possession to be given under the main tenancy agreement and the sub-tenancy agreement. If the owner consented earlier for the main tenant to sub-let the premises, he will have to follow the period for the said notice provided under the agreement. If the notice does not give enough time for you to move out, you can challenge the notice if owner goes to court to apply for order to vacate the premises. However, you can discuss with the owner to reach a settlement as to when you can move out.

Hope the above will help you.
Goh Chuan Chean
Advocate & Solicitor

 Note: Click the Question to read the Answer
 Area of Law: Family Law
Need_advice from Perak

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 Area of Law: Consumer Rights
Dear eLawyer,

Here's the situation:

1. Bought a new car on dec 31, 2007. It's an exclusive brand. Broke down on April 27, 2008 and sent in for service on April 29, 2008 after making appointment. Repaired and replaced the fuel pump. But the broke down had no warning message at all. It put my life and my family's life at stake.

2. Collected car on May 7, 2008 and 2nd broke down happened on May 10, 2008.

3. The breakdown is endangering my life and my family again. No signal or warning message. The director of after sales called me 2 apologize but problem not fixed.

4. Gave me a courtesy car only after making so much noise. But the courtesy car is with the painting saying it is a courtesy car. I feel insulted. cos my car is much more higher grade than the courtesy car offered.

Hence, I like to know can I demand the following from the dealer:

1. Full refund plus all interest paid or

2. Replace a brand new car

3. Monetary compensation for the mental torture, time lost, inconveniences, painful, risks, humiliation, insecure feelings when driving the car. What is the reasonable amount i can ask for?

I have written an email to the HQ(oversea) attention to their CEO. I'm not sure what reply I will get but the local office is taking action to solve my problem. But I have no confident to drive the car again. What else can I do?

Please advise
Angeline Chow from Kuala Lumpur

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 Area of Law: Property Law
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

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 Area of Law: Bankruptcy Law
In year 1998 when I was 23yrs old still schooling with no financial background, two of my uncles from Taiwan and South Africa used my name as a borrower and they acted as guarantors to get the loan from the bank to purchase 2 units of shop houses for investment purposes in Johor Bahru.

In year 2003, two of my uncles did not manage to sell these 2 units of shop houses and did not settle the outstanding payments with the bank. I was being declared bankruptcy by the court. The bank has advertised on the newspaper to look for me, but I was no where to be found as I did not read newspaper and I live in KL.

In year 2004, these 2 units of shop houses has been auction. The outstanding payments has not settle is RM 320,000.00 after deducted the auction price.

In year 2007, I was being blocked by the immigration to leave Malaysia.

All these years, 2 of my uncles are on the run in other countries and left me in Malaysia and they do not want to help me out of this case. I have no other option, but to face it alone.

I have not go to Insolvency department to have any meeting or settle this matter.

Please help me out in this matter, and advice me in the following:

1) Is it right for the Court to declare someone bankruptcy when the person cannot be found?

2) It has been 4 years since the day I am bankrupt. Can I avoid to meet Insolvency department and wait for the discharge?

3) If I am going to Insolvency department,
(a) what are the process?
(b) what will they ask me to do to settle / clear the outstanding payment?
(c) will my saving account being freeze?
(d) how can I be discharge from bankruptcy?
(e) do I need a lawyer / solicitor?
Jay J from Kuala Lumpur

 Note: Click the Question to read the Answer
 Area of Law: IP Law
Chee Hoong Hor from Selangor

 Note: Click the Question to read the Answer
 Area of Law: Bankruptcy Law
Iznina Rafa from Kuala Lumpur

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 Area of Law: Others
Catrine from Perak

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 Area of Law: Property Law
Chloe Chin from Kedah

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

Hi,Iím a student and my father is a contractor.He currently have a lot of project with him.Recently,a lot of his friend(i not sure those are my father friends,colleagues or sub-contractor) came to my house and wanted to meet my father but the way they approached my house is like the feeling of wanted to destroy my house by hitting the door like mad.

At that time,i was at home alone n told them my father not at home.Suddenly,they became very angry and straight away broke my house windows and tried to damage the door to enter the house.They also warned me if i not let them in they will burn my house and gave me 1 hour to contact my father.At that time i was so scared and donít know what to do but i managed to call 999.

Unfortunately,their angry is at the peak and start to kick the door and i hang up the call.They also said they not afraid of enforcement.So,i call my father but to no avail.Then i called my brother and let my brother spoke to them.My brother said to them if business related they need to settle it with my father instead of come to my house to threaten me.After that,my brother asked me to let them in.

When i let them in they searched my house and wanted to take away all my properties such as my laptop,computer,etc.So,i beg them not to take anything and they agreed with condition my father need to settle Ďthe thingsí which i donít know with them else they will come again to break my legs and take away my things.In the end,my brother and i wnet to police station to make a police report for cover(safety measure).

My question is if:

1)i wanted to sue them but will i win?

2)If they were not sentence to jail and this will definitely make them even more angry and of course will cause them to come to my house again.At that time what i should do then since the 1st time i called 999 and the police arrived quite late(police arrived after they went away during the 1st time)?

3)How to sue them?
HUNG SHEN WEI from Selangor

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