Section 16

where any obligation of the tenancy other than the payment of rent (whether under the contract of tenancy or under this Act), so far 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;

where rent lawfully due has been in arrear for fourteen days or upwards:

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;

Provided that rent shall not be deemed to be in arrear if the tenant proves that it was tendered before such date;

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 on 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;

where the tenancy has been determined by notice to quit given by the tenant;

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—

there has been no change by purchase in the ownership of the premises since 15th February 1942; or

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;

where the landlord was personally in 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;

where neither the tenant nor any member of his family is personally in occupation of the controlled premises or any part thereof;

where the tenant having sublet the controlled premises or part thereof receives in respect of such subletting rents (exclusive of any payment for the services 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;

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;

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;

in any case, whether falling within any of the preceding paragraphs or not, where the court considers it reasonable that such an order or judgment be made or given and is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order or judgment takes effect.

For the purpose of subsection (1) (i) where the controlled premises or part thereof has been let or subsequently allowed by the landlord 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.

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 of arrears of 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.

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.

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.

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.