Malaysia legislation
Section 20
Section 20
(a)
supply the landlord with a statement in writing of the subletting, giving particulars of the occupancy, including the name of the subtenant and the rent charged; and
(b)
cause to be prominently displayed in or upon the premises a notice in the form set out in the Schedule clearly setting out the rent of the whole premises and the rent of every part so sublet:
Provided that the Tribunal may exempt any tenant from the requirements of this paragraph in such circumstances and on such conditions as it may think fit.
(2)
Upon receipt of the statement referred to in subsection (1) (a) the landlord may within one month of the receipt of such statement or in the case of subtenancy existing on the date on which this Act comes into force, within three months of such date, by a notification served on the tenant treat such subtenancy as joint-tenancy; and every such subtenancy as shall have been so treated by the landlord under this subsection shall with effect from the date of the said notification forthwith cease to be a subtenancy and thereby become a joint-tenancy as if the landlord himself has directly let such part of the premises to such subtenant; and every such subtenant shall with effect from that date become a joint-tenant and shall hold such part of the premises as is sublet to him directly from the landlord to whom he is responsible and to whom he shall pay rent.
(3)
Where no such notification is made the subtenancy so created by the tenant shall continue as subtenancy.
(4)
Where a subtenancy continues as subtenancy because the landlord so prefers it or because he makes no notification under subsection (2), the tenant shall be entitled in addition to any service charges that may be imposed in respect of any part so sublet to collect from his subtenant an increased rental of such amount as shall not in the aggregate exceed by more than ten per centum of the fair rent of the whole premises after making an apportioned reduction in respect of any part of the premises retained by the tenant or not sublet by him.
(5)
In the case of a subtenancy which has become a joint-tenancy by virtue of notification by the landlord under subsection (2), under no circumstances shall such landlord be entitled to collect from any of his jointtenant any increased rental at all over and above the fair rent of the part held by such joint-tenant:
Provided that nothing herein contined shall prevent the landlord from collecting by way of service charges in respect of such part such extra sum of money as may be agreed upon in writing between him and his jointtenant or in the absence of such agreement such sum as may be determined by the Rent Officer provided that such determination is accepted by both parties or in the absence of such determination such sum as may be determined by the Tribunal under section 21 (1).
(6)
Any tenant who fails without reasonable excuse to comply with subsection (1) (a) or who supplies any statement or causes or suffers to be displayed any notice which is false in any material particular or who acts in contravention of subsection (4) or any landlord who acts in contravention of subsection (5) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one thousand ringgit or both.