Distressed Over Tenants Rental In Arrears


A Happy Landlord

Versi Bahasa Malaysia

Eviction-Tenant-Writ-Distress1     Luck favoured me and  I  am the proud   owner of a condominium in Cheras (hereinafter the “Property”),   all these years the Property yielded a handsome return.     Luck ran out  when my tenant failed to pay the rental.

2     The Tenant told  me about his financial difficulties that  he would  be expecting some money within a few days and promised to settle all of the rental in arrears.   However that  day never came.  All the Tenant’s promises yielded nothing  but disappointments.

Sub-Let Collecting Rentals and Pocketing Them

3     Apart from the rental in arrears,    the Tenant had not been paying the utilities of the Property, to add salt to injury,   the Tenant had  “sub-let” the Property  and was  collecting rent from Third Parties without my consent and knowledge.

Writ of Distress & Eviction

4     Messrs Alex Chang & Co advised me to obtain  a   Writ of Distress against the Tenant and within a few weeks, a  Court Order was granted.    On the day of the seizure of the assets  of the Tenant,   we found out that   the value of the  assets  in the Property  could barely satisfy the rental and the utilities in arrears.

4.1     We proceeded with the seizure as my ultimate  wish is the  eviction of a defaulting tenant from my Property.

5     The Bailiff then informed the Tenant that   unless payment is made to settle the rental in arrears, the assets in  the Property  will be sold in a public auction.   Attempts to settle were made, again I ended in disappointment.

Auction-WAuction: Recovery of Rent and Utilities

6      On the day of the public auction, again the Tenant   pleaded for time however   the Bailiff  proceed with the  public auction.

6.1     At the fall of the hammer all the possessions of the Tenants were sold to the highest bidder; I managed to clear the unit of the belongings of the tenant.

6.2       It was only an hour after the auction,  the Tenant   paid  the  total rental in arrears as per the Writ of Distress.  But  I apologised to  him  that  it was just  too late.

7     With respect to the Sub Tenants, I asked  them to leave the Property as the Tenant had no authority to let the place to them without my consent and knowledge.


8     Shortly after the Auction the Tenant and the Sub-Tenants left  the Property surrendering the Property to me which ended  months of  nightmare.

9     I would like to take this opportunity to gratefully thank Messrs Alex Chang & Co for planning and executing this matter expeditiously and finally bringing a close to this matter

Edward Lee

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