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Tenancy Agreement

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asked on Aug 5, 2015 at 19:42
by   snmz
Parties involved:
   i. Landlord
  ii. Tenant
iii. Vendor
  iv. Purchaser 

1.  Facts
1.1. Landlord agreed to sell a shop lot yet still in rent and had already received sale purchase fees from the purchaser. The vacant possession (pemilikan kosong) together with rental rights (hak penyewaan) also had been submitted to the Vendor.

1.2.  In the Sale and Purchase Agreement between the Landlord and the Purchaser stated that tenancy deposit will be submitted to the Purchaser after the Vendor submitted the vacant possession to the Purchaser. (“this matter”)

1.3.  Otherwise, this matter was not stated in the Tenancy Agreement between the Vendor and the Purchaser. What was included in the `agreement is that “the expression of landlord and tenant shall include their successors in title…” (item h, Tenancy Agreement).

2. Issue:

Whether the Tenant entitled to the rental deposit to be refunded by the Landlord while the Landlord had transferred the rental rights (hak penyewaan) to the Purchaser?
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answered on Aug 5, 2015 at 19:47
by   snmz
Correction to the question i posted previously.

Parties involved:
i. Landlord
ii. Tenant
iii. Vendor
iv. Purchaser
1. Facts
1.1. Landlord agreed to sell a shop lot yet still in rent and had already received sale purchase fees from the purchaser. The vacant possession (pemilikan kosong) together with rental rights (hak penyewaan) also had been submitted to the Vendor.

1.2. In the Sale and Purchase Agreement between the Landlord and the Purchaser stated that tenancy deposit will be submitted to the Purchaser after the Vendor submitted the vacant possession to the Purchaser. (“this matter”)

1.3. Otherwise, this matter was not stated in the Tenancy Agreement between the Landlord and the Purchaser. What was included in the `agreement is that “the expression of landlord and tenant shall include their successors in title…” (item h, Tenancy Agreement).

2. Issue:

Whether the Tenant entitled to the rental deposit to be refunded by the Landlord while the Landlord had transferred the rental rights (hak penyewaan) to the Purchaser
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