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 Shopping Mall Rental Issue, Letter offer vs Tenancy Agreement

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TSeldenring
post Mar 14 2025, 05:46 PM

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QUOTE(keybearer @ Mar 14 2025, 04:46 PM)
Brother deal between nation also got people gostan, they can still settle it out at world court (ICJ).

Also depending on the term also, on grounds of technicalities the landlord might maintain the stance that TS might have not upheld his end of the deal, hence not proceeding with the rental.
Yes it fucking sucks when the landlord do this kind of shit for whatever reason, but they're the landlord you're the tenant at the end of the day.

In this case all you can do is clarify on what grounds they've terminated the deal, consolidate all proofs & records surrounding their reasoning and initiate legal.
Regardless of how the case proceeds, all the while you're still out of retail lot, red in your balance, still have to pay for lawyer and for them it's just a empty lot without tenant as their legal dept. (already on payroll) attend your case.

Recently read a case where the mall did a 'constructive dismissal' to a tenant so that some new PRC player can come in to rent out the bulk of the floor.
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We already lost about half million ringgit for all preliminary works.

keybearer
post Mar 14 2025, 06:00 PM

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QUOTE(eldenring @ Mar 14 2025, 06:46 PM)
We already lost about half million ringgit for all preliminary works.
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Welp that really really sucks. Hope you got all the technicalities covered mate when they clarified termination is on what ground even after LO issuance.

This would probably a better place to ask:
https://www.jbg.gov.my/index.php/en/services/legal-advice
https://guaman.my/legal-advice-in-malaysia/

Some lawyer offices also provide free / low cost legal consultations, google around. No waste in engaging as many party as possible.
https://tyhlawyers.my/property-and-probate-...ce-in-malaysia/
https://www.lowpartners.com/freelegalhelp/
https://malaysia.themispartner.com/lawyers/
https://chungchambers.com/free-online-legal-clinic/
https://lpplaw.my/about-us/how-we-work/

Hope it fares well.

mini orchard
post Mar 14 2025, 06:12 PM

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Without posting the Letter Offer (LO) it is difficult to say who is at fault or maybe both party also at fault.

In addition, is there any letter in writing that the landlord intend to terminate if the tenant fails to comply with the LO ?

Is the shortfall area tenanted during the signing of LO ? If yes, is it stated in the LO regarding handover ?

Is there any notice in writing given to the Landlord stating the shortfall in the handover of the entire area and that tenant is unable to proceed with the renovation ?


pisces88
post Mar 14 2025, 06:17 PM

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half mil? damn. definitely consult lawyer..
TSeldenring
post Mar 14 2025, 06:22 PM

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QUOTE(mini orchard @ Mar 14 2025, 06:12 PM)
Without posting the Letter Offer (LO) it is difficult to say who is at fault or maybe both party also at fault.

In addition, is there any letter in writing that the landlord intend to terminate if the tenant fails to comply with the LO ?

Is the shortfall area tenanted during the signing of LO ? If yes, is it stated in the LO regarding handover ?

Is there any notice in writing given to the Landlord stating the shortfall in the handover of the entire area and that tenant is unable to proceed with the renovation ?
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We have too many emails and whatsapp that we cant proceed without TA. They agreed and keep saying it will be issued very soon and ask us to start work first.

Its kinda chicken and egg, if we kickstart - everything need to keep continue. Thats what we worried.

In fact there are many proofs that they agreed Ta will be issued very soon and capex will immediately issued. Dont worry!
mini orchard
post Mar 14 2025, 06:44 PM

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QUOTE(eldenring @ Mar 14 2025, 06:22 PM)
We have too many emails and whatsapp that we cant proceed without TA. They agreed and keep saying it will be issued very soon and ask us to start work first.

Its kinda chicken and egg, if we kickstart - everything need to keep continue. Thats what we worried.

In fact there are many proofs that they agreed Ta will be issued very soon and capex will immediately issued. Dont worry!
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You didn't answer the questions I posted.

In the LO, it didn't state the time frame to sign the TA ? In a tenancy, landlords normally don't allow tenants to take possession of premise without the TA. So in your case, it was an exception.

Did the LO stated that tenant are allowed to proceed reno pending TA ?

This post has been edited by mini orchard: Mar 14 2025, 06:48 PM
WaCKy-Angel
post Mar 14 2025, 06:54 PM

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TS just hire lawyer. None ktard here is legal advisor.

U spent 500K but asking for free law advise in forum?
Just engsgr lawyer and show all your stuffs. They will tell u got chance to win or not
TSeldenring
post Mar 14 2025, 07:20 PM

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QUOTE(WaCKy-Angel @ Mar 14 2025, 06:54 PM)
TS just hire lawyer. None ktard here is legal advisor.

U spent 500K but asking for free law advise in forum?
Just engsgr lawyer and show all your stuffs. They will tell u got chance to win or not
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Yes of course our company did. Just see what public opinions and equipped with better knowledge. Who knows.

If wait lawyer, in our mind - sure everything we correct.
WaCKy-Angel
post Mar 14 2025, 07:37 PM

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QUOTE(eldenring @ Mar 14 2025, 07:20 PM)
Yes of course our company did. Just see what public opinions and equipped with better knowledge. Who knows. 

If wait lawyer, in our mind - sure everything we correct.
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Public dont know the LO conditions. Not possible to advise.
yhtan
post Mar 14 2025, 07:52 PM

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QUOTE(eldenring @ Mar 14 2025, 07:20 PM)
Yes of course our company did. Just see what public opinions and equipped with better knowledge. Who knows. 

If wait lawyer, in our mind - sure everything we correct.
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Just let lawyer settle it, there are many details which u cannot disclose here and none of us can advise u. AFAIK nasi sudah jadi bubur, at most u can only initiate legal action and seek for monetary compensation and refund of deposit.

Once u go down to that route, your relationship with that mall management is totally gone. That is something u need to consider carefully.

P/S : Did u consult legal advise when the LO issued? Normally a big business like this sure seek for legal advice.

This post has been edited by yhtan: Mar 14 2025, 07:53 PM
TSeldenring
post Mar 14 2025, 08:42 PM

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QUOTE(yhtan @ Mar 14 2025, 07:52 PM)
Just let lawyer settle it, there are many details which u cannot disclose here and none of us can advise u. AFAIK nasi sudah jadi bubur, at most u can only initiate legal action and seek for monetary compensation and refund of deposit.

Once u go down to that route, your relationship with that mall management is totally gone. That is something u need to consider carefully.

P/S : Did u consult legal advise when the LO issued? Normally a big business like this sure seek for legal advice.
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Yes we did consult. It seems nothing wrong at all.. Its not our first business anyway.

You are right, thanks! - there are too many things cant disclose. But just feeling really unethical if you look into all the details. But hey, business world right. Definitely not trying blaming, or victimizing ourselves la...

I always feel that if read through this kind of story, mayyybe preventable. smile.gif

Until wacky angel comes in with universal red card. Can literally go any threads and say "You didnt disclose everything, not possible to advice u, go hire lawyer,doctor,psychiatrist..", means no more topic already. bruce.gif

This post has been edited by eldenring: Mar 14 2025, 08:46 PM
stryfox
post Mar 14 2025, 08:55 PM

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u want people opinion yet u only tell your side of the story. if want to be objective, just post LO (u redact parties details/confidential info) and u might get honest/objective views of your situation. or else these are only hearsay. Just as landlord decide to terminate, they also have their side of the story. there always a reason to it.
Dragging until 4 months just to be terminated reflect your side not doing enough to protect. did u write beside just asking for TA that u should at least seek in the event you do not received at least draft TA, then u have the recourse to compel landlord to fulfill their part. Also, 4 months does appear unreasonable time for u to wait. I assume u do not have a legal department to advise business/commercial decision or operational matters?

This post has been edited by stryfox: Mar 14 2025, 09:06 PM
mini orchard
post Mar 14 2025, 09:24 PM

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QUOTE(eldenring @ Mar 14 2025, 08:42 PM)
Yes we did consult. It seems nothing wrong at all.. Its not our first business anyway.
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Consult lawyer by paying fees or just 'friendly' lawyer 😂.

TSeldenring
post Mar 14 2025, 09:32 PM

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QUOTE(stryfox @ Mar 14 2025, 08:55 PM)
u want people opinion yet u only tell your side of the story. if want to be objective, just post LO (u redact parties details/confidential info) and u might get honest/objective views of your situation. or else these are only hearsay. Just as landlord decide to terminate, they also have their side of the story. there always a reason to it.
Dragging until 4 months just to be terminated reflect your side not doing enough to protect. did u write beside just asking for TA that u should at least seek in the event you do not received at least draft TA, then u have the recourse to compel landlord to fulfill their part. Also, 4 months does appear unreasonable time for u to wait. I assume u do not have a legal department to advise business/commercial decision or operational matters?
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We are not a big company, dont have legal department. I mean when you sign LO, which seems just like any other LO - have you ever thought of any landlord wont issue TA?

We wait because we need to settle the ground works, which paid by them. Not us. Without the ground works, we cant start anything.

In the LO they stated they will pay the ground works once TA signed.

As mentioned, never in our mind that they won't issue TA. We did email and all to chase the TA, but it always comes with reasons like waiting management, change of head, etc.

Takkan, we terus send a legal to them. As one user pointed out, takkan break the relationship for this long term business. Once we in their mall, it going me maybe 6 or 9 or more since heavy investment kan.





mini orchard
post Mar 14 2025, 09:59 PM

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QUOTE(stryfox @ Mar 14 2025, 08:55 PM)
u want people opinion yet u only tell your side of the story. if want to be objective, just post LO (u redact parties details/confidential info) and u might get honest/objective views of your situation. or else these are only hearsay. Just as landlord decide to terminate, they also have their side of the story. there always a reason to it.
Dragging until 4 months just to be terminated reflect your side not doing enough to protect. did u write beside just asking for TA that u should at least seek in the event you do not received at least draft TA, then u have the recourse to compel landlord to fulfill their part. Also, 4 months does appear unreasonable time for u to wait. I assume u do not have a legal department to advise business/commercial decision or operational matters?
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TS avoided replying to certain questions raised a red flag that the tenant is part of the problem why the LO is terminated.
The Retailer
post Mar 14 2025, 10:10 PM

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QUOTE(eldenring @ Mar 14 2025, 02:03 PM)
Sifu sekalian, this year seems unlucky start.

Need help on rental agreement on a retail lot with local shopping mall.

TLDR,
1. Shopping Mall Landlord issued Letter Interest
2. We paid some money
3. Landlord issued Letter Offer
4. We paid full downpayment
5. Landlord ask us start renovation while they preparing Tenancy Agreement. They keep mentioned LO is actually binded agreement.
6. We submitted all 3d drawings, design, marketing plans and all - they love it
7. We chase Tenancy Agreement to start work, they delayed almost 4 months - then out of sudden terminate everything
8. Most funny is - they forfeit our downpayment as well and blame us didn't start renovation when letter offer issued.

Swear to god, we did nothing wrong. We suspect they found some better brand to replace us.

Is above legal? Where can we file complaint.
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Pm me.. look at my username
KitZhai
post Mar 14 2025, 10:28 PM

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QUOTE(poweredbydiscuz @ Mar 14 2025, 04:55 PM)
Then it's a breach of contract by the landlord and they can be sued for compensation on loss or damages caused by it.
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In the offer letter, standard one it normally write that if the owner refuse to rent after signing the offer letter, owner has to compensate, returning the previous deposit and further paying 1 month rental cost to tenant. But it didn't mention about the renovation that has been done in the meantime period.

Damn dispute one
KitZhai
post Mar 14 2025, 10:31 PM

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QUOTE(hoonanoo @ Mar 14 2025, 05:46 PM)
you renovate your shop let say, to show Osim products, but new tenant come in is Maxis.

sure have to demolish lah.

All different interior design la
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What if the landlord sendiri want to run that business?

Yeah U already wanna show osim. So he wants to take over everything, kick U out and sendiri operate his osim
KitZhai
post Mar 14 2025, 10:50 PM

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QUOTE(mini orchard @ Mar 14 2025, 07:44 PM)
You didn't answer the questions I posted.

In the LO, it didn't state the time frame to sign the TA ?  In a tenancy, landlords normally don't allow tenants to take possession of premise without the TA. So in your case, it was an exception.

Did the LO stated that tenant are allowed to proceed reno pending TA ?
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This, in LO, it should have stated :-

When to pay the balance deposit,
When to grant vacant possession,
When to sign tenancy agreement.

We really need to have a look on that LO so justify this case
TSeldenring
post Mar 15 2025, 12:21 PM

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QUOTE(KitZhai @ Mar 14 2025, 10:50 PM)
This, in LO, it should have stated :-

When to pay the balance deposit,
When to grant vacant possession,
When to sign tenancy agreement.

We really need to have a look on that LO so justify this case
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When to pay the balance deposit, - paid all
When to grant vacant possession, - handedover half / not complete handover
When to sign tenancy agreement - no mention when they issue TA



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