Rohasassets Sdn Bhd (formerly known as Wisma Perkasa Sdn Bhd) v Weatherford (M) Sdn Bhd & Anor [2020] 1 MLJ 557 FC:
“[94] Crucially, throughout the period of negotiation for renewal of the tenancies, the appellant accepted tenders of rent from the respondents without any complaint and did not issue any notice to quit, not until after the failure of the negotiations, and this too was done some two years after the expiry of the tenancies. Therefore, the appellant by conduct had waived its right to charge double rent.
This is not a typical case where the tenant refused to quit come what may after the expiry of the tenancy. The fact is, when the notices to quit were finally issued by the appellant after the failure of the negotiations for renewal of the tenancies, the respondents willingly delivered vacant possession, albeit late by one month. So, when the respondents were asked to leave after negotiations for renewal of the tenancies failed, they left without kicking up a fuss.
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The respondents only became trespassers from the date of expiry of the notices to quit on 1 October 2011 up until the date they gave up possession of the premises on 31 October 2011. The Court of Appeal was therefore correct in ordering double rent to be charged only for the period commencing from the date of expiry of the notice to quit up until the date of delivery of vacant possession.”
