Malaysia legislation

Section 23F

of *STRATA TITLES ACT 1985

Section 23F

(a)

any chargee, person or body having a registered interest affecting the parcel or provisional block (including a charge of any lease or sublease thereof);

(b)

any person or body having a lien over the parcel or provisional block, or over any lease or sublease thereof;

(c)

any person or body in occupation of any part thereof under any tenancy exempt from registration which has become protected by an endorsement on the register document of title to the parcel or provisional block under section 317 of the

National Land Code; and

(d)

any person or body having a claim protected by caveat affecting the parcel or provisional block or any interest therein.

60 Laws of Malaysia ACT 318

(2)

Any sum paid by a chargee pursuant to subsection (1) shall be added to, and deemed for all the purposes of this Act to form part of, the first payment thereafter falling due to him under the charge.

(3)

Any sum so paid by any other person or body referred to in subsection (1)—

(a)

shall be recoverable from the proprietor by civil action; and

(b)

may, if paid by a lessee, sublessee or tenant, be recovered alternatively by deduction from any rent then or thereafter payable to him under the lease, sublease or tenancy.

(4)

Any lessee, sublessee or tenant who incurs any additional liability, or suffers any deduction, under this section may recover the amount thereof either by civil action against the proprietor or by deduction from any rent then or thereafter payable by him under his lease, sublease or tenancy.

Effect of payment of sum demanded