Hi all, i have two question to seek advise here

1) i have a joint name property with my mother but loan is only my name. My question is can i put my mother name instead of mine on tenancy agreement?

Thanks

Yes, you can put just your mother's name.
But the TA cannot be given to two or more persons ie no two names in TA. (Section 225(2) National Land Code)

Thanks n which means to say just one name inside TA rite?

Yes. One Landlord and ONE Tenant only.

Thanks bro for the info

Can you please quote the entire section of section 225(2) of NLC?

As I recall, tenancy is a non registrable interest as opposed to lease. Also, a lease n a tenancy have different rights and obligations.

Hi,

225. General restrictions on powers conferred by this Chapter.

(1) The powers conferred by this Chapter shall be exercisable in any particular case subject to-
(a) any prohibition or limitation imposed by this Act or any other written law for the time being in force;
(b) any restriction in interest to which the land in question is for the time being subject; and
© so far as they are conferred on lessees, sub-lessees and tenants, the provisions, express or implied, of the lease, sub-lease or tenancy in question.

(2) Without prejudice to paragraph (a) of sub-section (1), no lease or tenancy may be granted to two or more persons or bodies otherwise than as trustees or representatives.

am not a conveyancing practitioner but i don't think that is what the act meant.

Contractually you can have more than one party entering into an agreement, only difference as a Landlord i would make each of the individual tenants to the agreement "jointly and severally" liable for any breach of the agreement.

So assuming Ali and his friends (x4) enter into an agreement with the landord, does that mean only Ali and Ah chong who enter into the tenancy agreement are liable, whereas the other 3 tenants are not? What if the breach is caused by the 3 tenants and not Ali and Ah Chong?

Of course, this issue can be easily resolved by executing one tenancy agreement with each of the tenants but then again the interesting question can 2 or more tenants be part to a tenancy agreement?

Now coming back to the NLC provision, my 2 cents is that it is not intended to limit the number of ppl contracting with the landlord but rather and i suspect... intended to limit the number of ppl who are able exercise certain rights under the NLC.

For example Section 213(3), the tenancy can be protected by endorsement on the RDT... now if i have 5 tenants, the RDT would probably be pretty cluttered.

Similarly, I believe for land titles you can have up to 4 person, beyond that it should be held on trust or nominee etc...

Lastly also interesting to note... "normally" the landlord is the land owner and sometimes the land can be owned by more than one person... meaning even though there are 2 owners of the land but I am only allowed to put one landlords name?

doesn't quite cut it....

Hi,
Contractually you can have more than one party entering into an agreement and "jointly and severally" liable for any breach
Not in lease and tenancy. You cannot severe the possession. "They" can only "jointly and severally" guarantee that the tenant will pay to the landlord on time.

So assuming Ali and his friends (x4) enter into an agreement with the landord, does that mean only Ali and Ah chong who enter into the tenancy agreement are liable, whereas the other 3 tenants are not? What if the breach is caused by the 3 tenants and not Ali and Ah Chong?
If I'm Ali or Ah Chong, I'll argue that the tenancy cannot be construed in the first place and as such there is no tenancy.


again the interesting question can 2 or more tenants be part to a tenancy agreement?
No. This is because of exclusive possession. When there are two tenants, which tenant shall have the north south east west area of the unit?
That is why you can only transfer the whole, but not a part only, of any alienated land or the whole, but not a part only, of any undivided share in alienated land (S214(1) NLC). A bit hard to explain in writing. I'll try my best. Assuming you owns a land and want to transfer half portion to A. Legally, you will need to transfer out then transfer back to you half and another half to A. You cannot transfer half automatically to A.

Similarly, I believe for land titles you can have up to 4 person, beyond that it should be held on trust or nominee etc...
IINM, you can have more than 4 names in the title except in agri land where a person's shares must be more than 1 acre after divide. Will come back to you on this point once I check. For the 4 names, i believe you are referring to S344(4) NLC, which is different scenario.

Lastly also interesting to note... "normally" the landlord is the land owner and sometimes the land can be owned by more than one person... meaning even though there are 2 owners of the land but I am only allowed to put one landlords name?
You can put 2 landlords' names but you can only grant to one person ie tenant.

So assuming Ali and his friends (x4) enter into an agreement with the landord, does that mean only Ali and Ah chong who enter into the tenancy agreement are liable, whereas the other 3 tenants are not? What if the breach is caused by the 3 tenants and not Ali and Ah Chong?
If I'm Ali or Ah Chong, I'll argue that the tenancy cannot be construed in the first place and as such there is no tenancy.
again the interesting question can 2 or more tenants be part to a tenancy agreement?
No. This is because of exclusive possession. When there are two tenants, which tenant shall have the north south east west area of the unit?
That is why you can only transfer the whole, but not a part only, of any alienated land or the whole, but not a part only, of any undivided share in alienated land (S214(1) NLC). A bit hard to explain in writing. I'll try my best. Assuming you owns a land and want to transfer half portion to A. Legally, you will need to transfer out then transfer back to you half and another half to A. You cannot transfer half automatically to A.


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Tumpang lalu only =P

I agree that it is indistinguishable to determine which part of the tenanted property belongs to who if the property is to be rented out in parts (ie. room by room), in this aspect, it is rational to have each and every tenant execute a separate tenancy agreement with the landlord to stipulate exactly which part is being tenanted out to who. This is clear.

The question is this, what happens if a husband and wife decided to just rent the entire double storey house. If the husband is the only contracting party, does that mean only the husband has rights to occupy the property and evict the wife at any material time? Does that mean that if the wife intends to secure for her benefit of not being evicted, should she execute a separate tenancy agreement with the landlord too?

Hi bro, if this this the case, what about the income tax submission? Only submit under the one landlord name as per tenancy agreement?

For income tax submission on rental income, all registered joint owners must submit under their individual tax file.

Nett rental income after deducting rental expenses are apportion according to individual shareholding.

Legally, all joint owners must give written consent and sign the TA.