There must be a breach of tenancy agreement by the tenant
The landlord and tenant should have a tenancy agreement whereby the tenant has to pay its rent when it is due. The common timeline is on the 7th of each month.
If the tenant late in payment, the landlord may issue a letter of demand, to demand for the payment. If the tenant did not pay, the landlord may then follow up with a letter of termination.
Filling of claim at the court.
Next, the landlord may file a writ and statement of claim at the court to demand for repossession of the property. The tenant being the defaulting party, usually will not have a legal presentation at the court. The landlord can then proceed with a judgment in default of appearance.
The court’s documents have to be served to the tenant. If the tenant rented premise is in Selangor and stays in perak, the documents have to be served to both the address.
Once the Judgement in default of appearance has been obtained, the landlord can proceed to enforce the judgment. The landlord can apply for a writ of possession.
The procedure involves a filling of application for writ of possession and a praecipe. After that, there may be a hearing to attend, and the court will approve the Writ of possession.
Bailiff to attend to the site to paste the Writ of Possession.
There is a need to paste the writ of possession at the premise. This is done with the accompany of the bailiff. The bailiff will record the date and time where the writ is pasted on the front door. There is a timeline of 7 to 10 days given for the tenant to move out.
On the last date, the landlord can break in, with the assistance of a locksmith to re-possess the unit. If the tenant still stays within the premise, the landlord can call police to come and arrest the tenant and/or their workers for trespass.
What if there is motor vehicle inside the premise?
In our previous experience, re-possessing a shoplot in Sepang rented to a Motor repair business, the bailiff has instructed to us to remove the Motor vehicle and put it at the side street. Subsequently , the motor vehicle is to be left at the side street and to be confiscated by the Majlis perbandaran or JPJ.
What if the door is digital lock? How to break in?
If it is a digital lock, there is a need to have a locksmith to unlock the door. Suffice to say, after the pasting of the Writ of Possession, the bailiff will also paste a court printed red version of the Notis Permilikan on the door of the shoplot. Then the bailiff will set a minimum one week period for the tenant to move out. If they do not move out, it will be trespass, and the landlord can contact the police to come and arrest the trespasser.
Conclusion
If you have a tenant who refuses to move out despite the tenancy agreement, being terminated. Kindly consult and engage us to apply for a writ of possession. Tenant reserve their right to operate under the shoplot unless the Writ of possession has been applied, and sufficient time has been given to them to move out.
The above article is for general information only and does not constitute legal advice. For advice on your specific circumstances, speak to us.
