Notice to Remedy Breach of Tenancy (Malaysia)

A Notice to Remedy Breach of Tenancy in Malaysia sets out the rental terms, deposit, duration, and obligations agreed between landlord and tenant.

The legal basis for the Notice to Remedy Breach lies in the forfeiture provisions of the tenancy agreement (which typically mirror Section 235 of the National Land Code 1965 (Act 56) for registered leases, or the common law right of re-entry for unregistered tenancies) and the court's discretionary power under Section 28 of the Specific Relief Act 1950 (Act 137) to grant relief against forfeiture. In granting relief, a Malaysian Sessions Court or High Court will consider whether the tenant was given a reasonable opportunity to remedy the breach before the landlord exercised forfeiture — a landlord who has served a proper Notice to Remedy Breach is in a substantially stronger position. Under Order 89 of the Rules of Court 2012, the landlord's affidavit in support of the vacant possession application must exhibit the Notice to Remedy Breach and proof of service.

The Contracts Act 1950 (Act 136) governs the contractual relationship between landlord and tenant. Breach of any term of the tenancy agreement — whether a condition or a covenant — may entitle the landlord to terminate the agreement and claim damages under Section 74 of the Contracts Act 1950. However, for remediable breaches (unpaid rent, failure to maintain the premises, or subletting without consent), the notice to remedy gives the tenant a final opportunity to rectify the situation before the landlord invokes the forfeiture clause. The Distress Act 1951 (Act 255) provides a parallel remedy for rent arrears — the landlord may apply to the Magistrate's Court for a distress warrant to seize the tenant's goods — but this is separate from forfeiture proceedings.

For strata developments governed by the Strata Management Act 2013 (Act 757), a tenant who breaches building bylaws may simultaneously face action from the Management Corporation (MC) or Joint Management Body (JMB) and from the landlord. The Strata Management Tribunal established under the Strata Management Act 2013 has jurisdiction over disputes between residents and management bodies, and a tribunal order may complement the landlord's contractual remedies. The Notice to Remedy Breach is distinct from an eviction notice — it is a curative step giving the tenant a final chance to comply, not a demand to vacate. Once served, the notice creates a clear evidentiary record that the landlord followed proper procedure before forfeiting the tenancy or commencing Sessions Court proceedings.

A Notice to Remedy Breach of Tenancy (Malaysia) is needed whenever a tenant in Malaysia has breached a term of the tenancy agreement and the landlord wishes to give the tenant an opportunity to remedy the breach before taking more drastic action such as forfeiture, eviction proceedings, or a distress warrant application under the Distress Act 1951 (Act 255).

The notice is particularly important in the following scenarios. For rent arrears, the notice demands payment of the outstanding rent within 14–30 days and warns that failure to pay will result in forfeiture of the tenancy and eviction proceedings in the Sessions Court under the Specific Relief Act 1950 (Act 137). Where the landlord intends to apply for a distress warrant under Section 5 of the Distress Act 1951, the notice creates a formal record of the arrears that can be exhibited in the Magistrate's Court application.

For unauthorised subletting — one of the most common breaches in Malaysian residential tenancies, particularly in Kuala Lumpur condominiums and Penang shophouses — the notice demands that the tenant terminate the subletting arrangement and remove the subtenant from the premises within the stated period. In stratified developments governed by the Strata Management Act 2013 (Act 757), unauthorised subletting also violates the building's bylaws, giving the Management Corporation (MC) or Joint Management Body (JMB) independent grounds to take action against the tenant under the Strata Management Tribunal.

For property damage and failure to maintain, the notice identifies the damage or maintenance failures and requires the tenant to effect repairs within a reasonable time. This is particularly relevant for commercial tenancies in Kuala Lumpur's Golden Triangle, Petaling Jaya's commercial corridors, Johor Bahru's Iskandar Malaysia zone, and Penang's Georgetown heritage shophouses where the tenant's obligation to maintain the premises in good repair is a key covenant enforceable under Section 74 of the Contracts Act 1950 (Act 136).

For prohibited use — where a residential tenant is running an unregistered business, operating short-term Airbnb rentals in breach of the tenancy covenants, or conducting activities prohibited under the tenancy agreement or Malaysian law — the notice demands immediate cessation of the prohibited activity. Local authorities such as DBKL (Kuala Lumpur), MBPJ (Petaling Jaya), and MPSJ (Subang Jaya) may independently issue enforcement notices for prohibited commercial use of residential premises. The Notice to Remedy Breach is also needed before the landlord can claim that the tenant has repudiated the tenancy through persistent and wilful breach.

A legally effective Malaysian Notice to Remedy Breach of Tenancy must include the following key elements to withstand scrutiny in Sessions Court or Magistrate's Court proceedings:

**Parties and Property.** The landlord's full legal name and address (or SSM company registration number and registered address for corporate landlords under the Companies Act 2016 (Act 777)). The tenant's full legal name and NRIC number. The full address of the tenancy property, the LHDN stamp certificate reference of the stamped tenancy agreement under the Stamp Act 1949 (Act 378), and the title reference under the National Land Code 1965 (Act 56).

**Identification of the Breach.** The breach must be specifically identified — which clause of the tenancy agreement has been breached, and the factual particulars of the breach. For rent arrears: the months of arrears and the total amount outstanding in Malaysian Ringgit (RM), cross-referenced to the rent payment clause. For unauthorised subletting: the name of the subtenant and the period of unauthorised occupation, referencing the non-subletting covenant. For damage: a description of the damage with reference to the landlord's inspection findings and photographs. Vague references to 'breach of tenancy' without specifics are insufficient under Malaysian evidentiary standards and may render the notice defective, inviting a successful application for relief against forfeiture under Section 28 of the Specific Relief Act 1950 (Act 137).

**Remedy Required.** Precisely what the tenant must do to remedy the breach: pay the specified amount in full by a stated date; remove the subtenant and terminate the subletting arrangement; effect specified repairs to the specified standard by a stated date; or cease the prohibited activity immediately. The remedy demanded must be realistic and achievable within the notice period — an impossible remedy undermines the notice.

**Time for Remedy.** The period within which the tenant must remedy the breach — typically 14 days for rent arrears and most residential breaches. Commercial tenancies in Kuala Lumpur Grade A offices, Penang retail properties, or Johor Bahru industrial parks may allow 30 days for complex remediation obligations involving contractors or regulatory approvals. The notice must state the exact calendar date by which the breach must be remedied, not a relative period.

**Consequence of Non-Remedy.** A clear warning that if the breach is not remedied within the stated period, the landlord will: (a) exercise the right of re-entry or forfeiture under the forfeiture clause and Section 235 of the National Land Code 1965 (Act 56) for registered leases; (b) commence proceedings in the Sessions Court under Order 89 of the Rules of Court 2012 for an order for vacant possession under the Specific Relief Act 1950 (Act 137); and (c) apply for a distress warrant under Section 5 of the Distress Act 1951 (Act 255) for unpaid rent where applicable.

**Reservation of Rights.** A statement that the notice is served without prejudice to any other rights the landlord may have under the tenancy agreement or Malaysian law, including the right to claim damages under Section 74 of the Contracts Act 1950 (Act 136) for losses caused by the tenant's breach.

**Service.** Registered post (Pos Malaysia Bhd) to the tenant's address at the property or the address specified in the tenancy agreement, with the AR card and tracking confirmation retained as evidence for court affidavit purposes. The date of deemed service (typically 2–3 business days after posting) determines when the 14-day remedy period begins to run.

**Signature.** Signed by the landlord or their authorised representative — a solicitor from the Malaysian Bar under the Legal Profession Act 1976 (Act 166), or a licensed property manager registered with BOVAEA under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. For corporate landlords, the company seal and authorised signatory's designation are required. Forms-legal.com provides this Notice to Remedy Breach template as a starting point for Malaysia-compliant tenancy breach documentation.