Can you not pay RENT?
Your toilet is having problem. It cannot function properly. You have asked help from the Landlord, however you were never entertained. The result was that it was never repaired. You suffered much inconvenience having to use the toilet of your neighbour. At times, you report late to work and now you are fired!
In the case of JR Lincks Educational Consultants Sdn Bhd v Goh & Sons Enterprise Sdn Bhd, it was ruled that landlord who fails to honour as promised in the tenancy agreement would render the tenant the rights not to pay rental. Furthermore, the landlord cannot evade the tenant with too short the notice. It has to take into consideration the time of relocation of the tenant's business and the time has to be reasonable.
In the above circumstances, we are of the view that the learned trial judge has misdirected himself on the law and the facts when he held the said notice to quit and deliver vacant possession was valid. We hold that in the circumstances of this case, the withholding of rent by the 20 tenant is permitted in law and the defendant cannot terminate the fixed term tenancy prematurely. We further hold that the defendant is, therefore, not entitled to mesne profits for the unexpired period of the fixed tenancy.