TUESDAY TUTORIAL

TRESPASS TO LAND & GOODS

Hassan rented out his apartment to Ron for two years. However, before the duration of

the two years expires, Hassan decided to sell the apartment as he was having financial

difficulties. Hassan gave notice to Ron to vacate his apartment in one month’s time. This

is in accordance with the tenancy agreement whereby Hassan has the authority to give

Ron ‘notice to quit’ even before the duration of the tenancy ended provided Ron is given

one month’s notice. Ron refuses to leave the apartment as his daughter will be having her

SPM examination soon and he does not want to cause any disruption to her studies. Ron

told Hassan that he will not leave the apartment until the duration of the tenancy expires.

Hassan became very angry and desperate as he needed the money from the sale of the

apartment badly. A week later, Hassan found out that Ron and his family left for Melaka

for a holiday. Hassan decided to use his master key to enter Ron’s apartment. In the

apartment, Hassan started breaking several plates and bowls belonging to Ron to serve as

a warning to Ron that he will suffer such consequences if he does not leave the

apartment as required. Hassan also took away Ron’s television, rice cooker and

microwave. When Ron returned home to his apartment, he was shocked to see the broken

items and the missing television, rice cooker and microwave. He quickly called Hassan

and demanded the return of the items. Hassan said that the items will only be returned

once Ron vacated the apartment. Ron decided to call the police. The police came to

Ron’s apartment to check on damaged and missing items. While inspecting Ron’s

apartment, police found stolen items taken from a nearby goldsmith shop. The police

confiscated the item and took Ron into their custody.

Discuss legal issues arising from trespass to land and goods.