There are 3 lawful ways a tenancy can end.
Under the NLC, a lease or tenancy may only be determined in one of three ways. Anything outside these is unlawful.
1. 📋 Surrender
By mutual agreement — the tenant gives back possession and the landlord accepts. For registered leases, a Form 15C must be filed. For tenancies, oral or written surrender is valid with landlord’s consent.
2. ⏰Determination
By effluxion of time (lease simply expires), by service of a valid notice to quit, or by the happening of any other event upon which the lease is expressed to determine.
3. ⚖️Forfeiture
Where the tenant breaches express or implied provisions, is adjudicated bankrupt, or (if a company) goes into liquidation. Must be enforced by court action — not self-help.
⚠️Anything outside these 3 lawful methods — including changing locks, removing belongings, or cutting utilities — is a tort actionable by the tenant under Sections 7(2) and 8(1) of the Specific Relief Act 1950.
Ending it properly — Notice to Quit 📋
A valid notice to quit must be served before a tenancy can be lawfully terminated by notice. Failure to serve notice, or defective notice, makes the purported termination ineffective
1. Check Your Tenancy Agreement First
The agreement usually specifies the notice period. This governs above everything else. Common provisions: 1 or 2 months’ notice for residential, 3 months for commercial.
2. No Clause? Common Law Applies
If the agreement is silent, common law fills the gap. For monthly tenancies: one month’s notice. For yearly tenancies: six months’ notice (Birch v Wright [1775-1802] All ER Rep 41).
3. Notice Must Expire on a Rent Day
A periodic tenancy notice must be timed to expire at the end of a tenancy period — not mid-period. Serve in writing and retain proof of delivery.
Where no notice to quit was given, the tenancy was unlawfully terminated and the landlord was not entitled to an order for possession of the land.
–Yeoh Pang Kwan v William Janz [1972] 1 MLJ 25, ACJ
When a tenant breaches — Forfeiture
Forfeiture is a landlord’s most powerful remedy — but it comes with strict procedural requirements that must be followed in sequence.
1. Written Notice of Breach (S 235 NLC)
Must specify the breach, require remedy (if capable of remedy), and demand compensation. This step is mandatory — forfeiture cannot proceed without it.
2. Allow Reasonable Time to Remedy
The tenant must be given a fair opportunity to fix the breach. Only after failure to do so within reasonable time can forfeiture be enforced.
3. Court Action Only — No Self-Help
Forfeiture must be enforced by court proceedings or re-entry — but re-entry without a court order is only possible where the tenant is no longer lawfully in occupation.
4. Beware of Waiver (S 234(3) NLC)
If the landlord accepts rent after becoming aware of the breach, this constitutes a waiver of the right to forfeit. The landlord cannot blow hot and cold — accept rent and still forfeit.
Ending it by agreement — Surrender
A tenancy can be ended early by mutual agreement — called surrender. The rules differ depending on whether it is a registered lease or an exempt tenancy.
Registered Lease / Sub-Lease
📜Form 15C Required
Surrender must be effected by an instrument in Form 15C filed at the Land Registry. The lessee’s interest determines from the date of registration of the surrender. Chargee’s consent required if land is charged.
Tenancy Exempt from Registration
🗣️Oral or Written
Surrender may be effected orally or in writing — but the landlord’s agreement is mandatory. A tenant cannot unilaterally surrender. (Tan Chee Lan & Anor v Dr Tan Yee Beng [1997] 1997] 4 CLJ 470, HC)
Important Rule — Effect of Surrender on Sub-Tenants (S239(5))
A surrender does not extinguish any existing sub-lease or tenancy. Those sub-tenancies continue as if they were originally granted by the person who accepted the surrender — protecting sub-tenants from being caught out by their immediate landlord’s actions.
⚠️ Legal Warning — For Every Landlord in Malaysia
❌You cannot change the locks.
❌You cannot remove belongings.
❌You cannot cut the utilities.
The High Court in SME Aerospace Sdn Bhd v Steyr Mannlicher (M) Sdn Bhd [2006] 3 MLJ 462 confirmed that obtaining a court order before recovering possession is mandatory. The equitable remedy of self-help has been abolished in Malaysia. A landlord who locks out a tenant commits a tort — and the tenant can sue to recover possession under Section 8(1) of the Specific Relief Act 1950. The only exception: where the tenant is no longer lawfully in occupation (e.g. illegal acts on premises).
“The requirement for the landlord to obtain a court order before recovering possession is mandatory — failure to do so allows the tenant the right to apply for repossession of the property.”
– 📘Excerpt from Property Law (Sweet & Maxwell, 2025) by George Miranda
For further information, please contact us at Miranda & Samuel:
- Dato’ George Miranda (george@mirandasamuel.com)
- Joy Sam Jia Qian (joy@mirandasamuel.com)
- Alisyah Maisarah (alisyah@mirandasamuel.com)
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– By George Miranda, Joy Sam Jia Qian, Alisyah Maisarah –
This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.
