Journal Screenshot

International Journal of Academic Research in Progressive Education and Development

Open Access Journal

ISSN: 2226-6348

Ready Not Ready Enforcing Promises of Tenancy Agreement: An Explanation to Non-Law Students

Farihana Abdul Razak, Nor Hidayati Abdullah

http://dx.doi.org/10.6007/IJARPED/v11-i3/14979

Open access

A tenancy agreement is normally created between a landlord and a tenant. It can be oral or in writing. When the parties agree with the terms and conditions in a tenancy agreement, they have to enforce their promises. Problems would arise if a tenant is a student and they are not ready to carry the commitment as a tenant. Other than that, as a ‘pampered’ child and a first timer dealing with a contract, they would just sign the tenancy agreement without reading the terms and conditions. Perhaps they ignored contractual obligations because they are unaware of and reluctant to understand the implications of dealing with a contract. This usually occurs when the students need off-campus accommodations during their studies. The scenario gets worse if there is a limited number of off-campus accommodations and students immediately agree to pay the deposit and sign the tenancy agreement. Some of them simply agree without first inspecting the accommodation. The question thus arises whether a student (tenant) is ready for the contractual obligations and understands the consequences of breach of contract. The objectives of this paper are to explain the contractual obligations of a landlord and a tenant; to discuss the elements of a valid contract in Malaysia, and to provide non-law students with an understanding of enforcing promises in a tenancy agreement, especially after two years of studying at home due to the Covid-19 outbreak. This study believes that it is a perfect time to enlighten and educate the target audience about the agreement, contract, and implications, particularly for first-time students experiencing staying in off-campus accommodation. Therefore, it is hoped this article provides valuable knowledge, particularly to landlords and tenants, as one of the educator’s responsibilities is to share knowledge with others around them.

Abdul Razak, F., Shariffuddin, N., Padil, M. H., & Hanafi, N. H. (2017). Phenomenon Living in Off-Campus Accommodation among UiTM Students. International Journal of Academic Research in Business and Social Sciences, 7(6), 786–796. https://doi.org/10.6007/IJARBSS/v7-i6/3038
Alam, H., Zahid, A., Halili, K., & Shapiee, R. (2017). Formation of Contract: Comparison Among Malaysia, Myanmar and Vietnam. International Journal of Applied Business and Economic Research, 15(20), 387–413. Retrieved from http:www.serialsjournal.com
Amin, N., & Nor, M. R. (2011). Issues on Essential Elements of Formation of E-Contract in Malaysia: E-Consumers’ Perspective. Journal of Applied Sciences Research, 7(Special Issue), 2219–2229.
Beatson, J., Burrows, A., & Cartwright, J. (2016). Anson’s Law of Contract (31st ed.). United States of America: Oxford University Press.
Contracts Act 1950
Daniel, D. I., Ojo, O., & Augustina, O. (2012). An Examination of the Tenancy Agreement as a Shield in Property Management in Nigeria. International Journal of Business Administration, 3(4), 54–66. https://doi.org/10.5430/ijba.v3n4p54
Fitri, L., Rosalia, D., & Artati, W. M. (2017). Effectivity of Implementstion on Leasing Agreement of Flats (Study Case of Semarang City Indonesia). International Journal of Business, Economics and Law, 13(4), 9–14.
Jalil, M. A., & Pointon, L. D. (2004). Developments in Electronic Contract Laws: A Malaysian Perspective. Computer Law and Security Report, 20(2), 117–124. https://doi.org/10.1016/S0267-3649(04)00020-2
McKendrick, E. (2016). Contract law: Text, Cases, and Materials (Eighth). United Kingdom: Oxford University Press.
Pheng, M. L. (2005). General principles of Malaysian Law (5th ed.). Malaysia: Oxford Fajar Sdn. Bhd.
Hussain, S. M. S. M. N. A. (1993). Contract Law of Malaysia and Indonesia: Some Basic Comparison. Jurnal Hukum & Pembangunan, 23(4), 308–329. https://doi.org/10.21143/jhp.vol23.no4.417
Alsagoff, S. A. S. A. (2010). Principles of the Law of Contract in Malaysia (Third Edit). Malaysia: LexisNexis.
Sufian, A. (2012). A Conceptual Study on Landlord and Tenant Law in Peninsular Malaysia: A Focus on Private Residential Tenancy. International Journal of Real Estate Studies, 7(1), 13–23.
Valente, D. (2010). Enforcing Promises Consideration and Intention in the Law of Contract. Retrieved from https://www.uio.no/studier/emner/jus/jus/JUS5260/v12/undervisningsmateriale/Consideration.pdf
Wilkinson-Ryan, T., & Hoffman, D. A. (2015). The Common Sense of Contract Formation. Standford Law Review, 67, 1269–1301. Retrieved from https://scholarship.law.upenn.edu/faculty_scholarshiphttps://scholarship.law.upenn.edu/faculty_scholarship/837
Yunrui, Z. (2003). Studies on Certain Issues of the General Principles of Contract Law. Singapore Journal of International & Comparative Law, 7, 28–58.

In-Text Citation: (Razak & Abdullah, 2022)
To Cite this Article: Razak, F. A., & Abdullah, N. H. (2022). Ready Not Ready Enforcing Promises of Tenancy Agreement: An Explanation to Non-Law Students. International Journal of Academic Research in Progressive Education and Development, 11(3), 1467–1475.