Renting a home: eviction and unpaid rent

Getting the home back after the tenancy ends

Where a home was let under a tenancy, and the tenancy has ended but the occupier stays on, the person entitled to possession must not enforce the right to recover it against the occupier except by proceedings in court.

Specific Relief Act s 7(2)

The occupier here means anyone lawfully in occupation of the property, or part of it, when the tenancy ended.

Specific Relief Act s 7(3)

If you were put out without a court order

If you are dispossessed of immovable property without your consent and otherwise than in due course of law, you can sue to recover possession, whatever other title is set up in the suit.

Specific Relief Act s 8(1)

No appeal lies from an order or decree in such a suit, and it cannot be reviewed.

Specific Relief Act s 8(4)

Such a suit cannot be brought against any Government in Malaysia.

Specific Relief Act s 8(3)

Unpaid rent and a warrant of distress

A landlord, or an agent authorised in writing, can apply to a Judge or Registrar, without notice to the tenant, for a warrant of distress to recover rent due for up to 12 completed months of the tenancy immediately before the application.

Distress Act s 5(1)

Rent arrears can be recovered this way after the tenancy has ended, as long as the tenant is still in occupation or some of the tenant's goods are still on the premises.

Distress Act s 5(3)

The warrant is addressed to the bailiff, who seizes enough movable property on the premises to cover, when sold, the rent stated in it, the landlord's costs and the bailiff's fees and expenses.

Distress Act s 7

The Distress Act does not apply to rent owed to the Government of Malaysia or the government of any State.

Distress Act s 3

What cannot be seized

A warrant of distress cannot be used to seize:

• things in actual use in someone's hands at the time
• tools and implements not in use, if there is other movable property on the premises enough to cover the amount and costs
• the tenant's necessary clothing and bedding for themselves and their family
• goods the tenant holds to carry, work on or otherwise deal with in the course of their ordinary trade or business
• goods belonging to guests at an inn
• goods in the custody of the law
• property of any government, property of a local authority held for its purposes, and property held for public purposes that the Minister exempts by notification in the Gazette

Distress Act s 8

Sums named in the tenancy agreement

If a tenancy agreement names a sum to be paid if it is broken, or contains another penalty, the party complaining of the breach is entitled to reasonable compensation up to that sum, whether or not actual loss is proved.

Contracts Act s 75

An action founded on a contract cannot be brought after 6 years from the date the cause of action accrued.

Limitation Act s 6(1)(a)

The Limitation Act applies to Peninsular Malaysia only.

Limitation Act s 1(2)

If you are in Sabah or Sarawak, check which law applies there.