Whether the Landlord can charge double rental?

A very common question we get is whether the Landlord can charge double rental if the tenant refuses to give up possession after the Tenancy has expired/has been terminated by the Landlord?

We refer to the recent Federal Court decision of Rohasassets Sdn. Bhd. v. Weatherford (M) Sdn. Bhd. [2020] 1 CLJ 638.

It was decided, on expiry of the tenancy, Section 28(4)(a) Civil Law Act 1956 kicks in to give the landlord the right to charge double rental and the double rent continues to be chargeable until possession is given up by the tenant who holds over the property without the Landlord’s consent.

To enable the Landlord to charge double rental, there must be a failure/refusal by the tenant to give up possession after being told/demanded to do so by the Landlord.

It was decided in the case that even if the tenant is not guilty of contumacious (stubbornly or wilfully disobedient) conduct, the tenant is still liable to pay double rent if the Landlord has decided to charge double rent and does not consent to the tenant’s holding over and has asked the former tenant to vacate the premises.