Who owns the Tenancy Agreement?

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asked on Mar 26, 2021 at 20:26
edited on Mar 26, 2021 at 20:26
by   houlierr
A slightly complicated scenario, hoping someone can shed some light. 

A commercial property was rented by A for running a business. The tenancy was on the company name but A signed it. 

A then sold the business and company (sole proprietorship / enterprise) to B. And A had an S&P agreement to say that all obligations including rental would now be transferred to B. A did not terminate the existing tenancy agreement with the landlord hence B did not sign a new tenancy with the landlord. SSM name was transferred from
A to B.

After 6 months, B then transferred the SSM name to C for C to take over the business. However there was no S&P between B and C. 

The landlord has now decided not to extend the tenancy and has requested to vacate the premises and return it to the original state pre renovation which is as per a clause in the tenancy agreement. 

Question now is who would be responsible for the overdue tenancy (2 months) and restoring the property to the original state? 

Landlord is going after A.
But A feels he has transferred to B although he was the signatory of the tenancy agreement. 
B is now pointing to C. 

Thanks in advance and appreciate any assistance. 
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2 Answers

answered on Mar 26, 2021 at 21:28
The tenancy was on the company name but A signed it. 
For Sdn Bhd company, agreements must have the Company Seal Affixed in the rental agreement. For sole proprietorship / enterprise, it must be validated by the Stamping Office.

For any breach of contract, the originated contract /agreement remains as untouched. Best you get the services of a competent lawyer.
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answered on Mar 29, 2021 at 09:50
edited Mar 29, 2021 at 11:50
by   Tanavaroot
But A feels he has transferred to B

Can A transfer his marriage agreement to B?
If can in Malaysia, I would like to transfer mine.
Any takers from Malaysia?
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