CONNECTING THE LEGAL GAP: ALIGNING THE NATIONAL LAND CODE 2020 WITH CURRENT TENANCY REALITIES

Abstract

In Malaysia, the administration of tenancy is based on the Torrens system and various acts such as the National Land Code 2020, the Contracts Act 1950, Distress Act 1950, and Specific Relief Act 1950. Recently, there has been a growing demand for specific regulations on various tenancies due to societal changes. Managing landlord and tenant relations is challenging, especially in the absence of specific laws and institutions to implement and enforce these regulations. The problem lies in the application of current tenancy laws, which require specific attention regarding the endorsement of tenancy, the application of equitable principles, and the recognition of oral tenancy. One challenge is the broad application of tenancy laws across various contexts, such as agricultural, commercial, and residential tenancies. This paper examines the current tenancy provisions in the National Land Code 2020, highlighting their strengths and weaknesses, particularly in matters such as the endorsement of tenancy, the application of equitable principles, and the recognition of oral tenancy. The study is based on library research, analysing statutory provisions, court decisions and journal articles to identify the gaps in the National Land Code 2020 within the context of tenancy. The aim of the study is to assists policymakers in addressing the insufficiencies in the existing law on tenancy. It is found that although the National Land Code 2020 outlines provisions for tenancy, it lacks a comprehensive framework for modern tenancy, resulting in unclear obligations between landlord and tenant, and insufficiency in dispute resolutions mechanism. This study will contribute to the broader body of knowledge on tenancy and property law governance.