A comparative study on the feasibility of introducing a law to regulate retail tenancies in Peninsular Malaysia

Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the United Kingdom. This article discusses the present tenancy law in Malaysia, identifies gaps, looks at the position in Australia and highlights defining features of the law regulating retail tenancies th...

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Bibliographic Details
Main Authors: Syed Abdul Kader , Sharifah Zubaidah, Mohamad, Nor Asiah, Amin, Naemah, Kassim, Salina
Format: Conference or Workshop Item
Language:English
English
Published: 2016
Subjects:
Online Access:http://irep.iium.edu.my/50572/
http://irep.iium.edu.my/50572/
http://irep.iium.edu.my/50572/2/Appreciation_certificate_of_IRERS_2016.pdf
http://irep.iium.edu.my/50572/4/50572.pdf
Description
Summary:Malaysia has no special law to regulate retail tenancies unlike the position in Australia and the United Kingdom. This article discusses the present tenancy law in Malaysia, identifies gaps, looks at the position in Australia and highlights defining features of the law regulating retail tenancies there. Employing both, quantitative and qualitative research methods, a survey was carried out on landlords and tenants of retail premises in the Klang Valley. The findings reveal that there are various issues and problems arising out of the relationship of landlord and tenant of retail premises in the Klang Valley and that both generally favour proposals to improve this relationship. A majority of respondents are agreeable to a special mediation body for settling retail tenancy disputes so as to avoid court action. Further, a large proportion of respondents are also supportive of a specific law to regulate retail tenancies. The article concludes with recommendations on the defining features of a proposed law to regulate retail tenancies in Peninsular Malaysia.