6. Can a tenant claim that the MCO is thwarting the lease between them and the lessor for the following reasons: It is only if the lease has a force majeure clause that the MCO may affect the agreement. A force majeure clause essentially states that when an unexpected event (for example. B Acts of God and Declaration of War) occurs outside the control of a party, certain contractual obligations of the parties are suspended because they are not able to execute the contract because of the unexpected event. Depending on the wording of the clause, the entire contract may also be terminated and not suspended. For example, a force majeure clause allowing the suspension of rent payment during the force majeure event may mean that the tenant may argue that the MCO has the right to delay payment during the relevant period. 5. Can a tenant apply for the suspension of the benefit in the tenancy agreement if the tenancy agreement is not a force majeure clause? The duration of a lease is longer than 3 years and must be registered in accordance with the national code. A registered lease is displayed in the title of the document as opposed to a lease agreement. “Force majeure is an event that concerns the purpose of this agreement. For commercial tenants, they are therefore definitely concerned, because their entire rental contract depends on their ability to manage an activity on this site. No, it is unlikely that the lease was thwarted or made impossible by the MCO.

In Pacific Forest Industries Sdn Bhd – Anor vs. Lin Wen-Chih – Anor [2009] 6 MLJ 293, the Federal Court of Justice stated that “a contract is frustrated not only because it is difficult to comply with. If a party does not have money to pay its debts, it cannot be considered impossible, because it is not a frustration.┬áTherefore, you cannot rely on the doctrine of frustration to not pay rent during the MCO. In order for a tenant to invoke the force majeure clause to suspend the benefit under the tenancy agreement, the tenancy agreement must consist of a force majeure clause. If the tenancy agreement does not consist of a force majeure clause, the tenant is required to continue to carry out and comply with the obligations under the tenancy agreement, unless the lessor agrees to suspend the tenant`s benefit.