Section 2
Section 2
In this Act, unless the context otherwise requires—
"business premises" includes all premises other than domestic premises;
"Chairman" means the Chairman of the Tribunal;
"court" means any court in Malaysia of competent jurisdiction;
"development" means rebuilding of new premises and includes rebuilding on demolition of a major portion of the existing premises.
"domestic premises" means any premises, or any part of any premises, used for human habitation and let or sublet separately, and includes premises used partly for human habitation and partly for business, trade or professional purposes:
Provided that a building shall not be deemed to be used partly for human habitation by reason only that it is occupied by one or more persons as caretakers;
"joint-tenancy" means a tenancy held by each of the several tenants to whom the landlord has let his controlled premises and with whom the landlord is brought by virtue of such letting into a direct relationship of landlord and tenant, and includes any subtenancy which has become a joint-tenancy by virtue of a notification by the landlord under section 20 (2); and the expression "joint-tenant" means every one of such tenants or such subtenants whose subtenancy has become a joint-tenancy by virtue of a notification by the landlord under section 20 (2);
"landlord" means the landlord of premises in respect of which a tenancy exists and includes in the case of a subtenancy, a tenant who sublets the premises or any part thereof;
"local authority" means any City Council, Municipal Council or District Council, as the case, may be, and in relation to the Federal Territory means the Commissioner of the City of Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960, and any reference to "the local authority" shall be construed as a reference to the local authority in whose area the premises in question are situated;
"member of family" means—
(i)
the husband or widower; or
(ii)
the wife or widow; or
(iii)
the father or mother; or
(iv)
a son or daughter;
"premises" means any dwelling-house, flat, factory, warehouse, office, counting house, shop, school and any other building in which persons are employed or work and any part of any premises let or sublet separately and includes any land, outbuildings and appurtenances occupied therewith;
"rent" includes any sum paid as rent for hire for the use of furniture where premises are let furnished or where premises are let and the furniture therein is hired by the landlord to the tenant;
"tenancy" means any lease, demise, letting or holding of premises, whether in writing or otherwise, by virtue whereof the relationship of landlord and tenant is created, howsoever such relationship may be described but does not include the letting or hiring of furnished rooms with board;
"tenant" means the tenant of premises in respect of which a tenancy exists and, in the case of a subtenancy, a subtenant to whom the controlled premises or any part thereof is sublet, and in the case of a joint-tenancy, a joint tenant who holds the controlled premises or any part thereof and includes the widow of a tenant who was residing with him at the time of his death, or where a tenant leaves no widow or is a woman, any member of the tenant's family over eighteen years of age so residing as aforesaid, or where there is more than one widow or member of the tenant's family over eighteen years of age so residing as aforesaid, any one of such persons as may be decided in default of agreement by the court;
"Tribunal" means the Rent Tribunal established under section 12 for the area in which any premises in question are situated.
8
(2)
Where a tenant has the exclusive occupation of any accommodation (in this subsection referred to as "the separate accommodation") and the terms on which he holds such accommodation include the use of other accommodation which is shared in common with any other person including the landlord, then such separate accommodation shall be deemed to be let or sublet separately, and the separate and shared accommodation shall both be deemed for the purposes of this Act to be premises comprised in the tenancy.