Section 23

Where the rent charged by the tenant for any sublet part of any premises or by the landlord for any part held by a joint-tenant is in excess of the amount of fair rent as determined in accordance with sections 5 and 6 or in excess of any increased rental permitted by this Act, the tenant or the landlord, as the case may be, shall unless he proves that he did not know and could not by reasonable enquiry have ascertained that the rent charged by him was so in excess as aforesaid or that the excess was solely due to an unintentional miscalculation be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or both and the court may in addition to such sentence where the offence was committed by a tenant order that the tenancy shall be forfeited and possession of the premises shall be given to the landlord.