Ready Not Ready Enforcing Promises of Tenancy Agreement: An Explanation to Non-Law Students

Abstract

A tenancy agreement is normally created between a landlord and a tenant. It can be oral or in writing. When the parties agree with the terms and conditions in a tenancy agreement, they have to enforce their promises. Problems would arise if a tenant is a student and they are not ready to carry the commitment as a tenant. Other than that, as a ‘pampered’ child and a first timer dealing with a contract, they would just sign the tenancy agreement without reading the terms and conditions. Perhaps they ignored contractual obligations because they are unaware of and reluctant to understand the implications of dealing with a contract. This usually occurs when the students need off-campus accommodations during their studies. The scenario gets worse if there is a limited number of off-campus accommodations and students immediately agree to pay the deposit and sign the tenancy agreement. Some of them simply agree without first inspecting the accommodation. The question thus arises whether a student (tenant) is ready for the contractual obligations and understands the consequences of breach of contract. The objectives of this paper are to explain the contractual obligations of a landlord and a tenant; to discuss the elements of a valid contract in Malaysia, and to provide non-law students with an understanding of enforcing promises in a tenancy agreement, especially after two years of studying at home due to the Covid-19 outbreak. This study believes that it is a perfect time to enlighten and educate the target audience about the agreement, contract, and implications, particularly for first-time students experiencing staying in off-campus accommodation. Therefore, it is hoped this article provides valuable knowledge, particularly to landlords and tenants, as one of the educator’s responsibilities is to share knowledge with others around them.