Myth Buster

Scenario

Mdm Sally bought a house held on a 99-years leasehold land in Kuala Lumpur back in 1975. Time passes, the remaining leasehold tenure of Mdm Sally’s house is now left with 60 years. Mdm Sally worries that the her house will be taken back by the Government and wishes to apply for leasehold renewal now.

Mythbusted.

Pursuant to Section 76 and Section 197 of National Land Code , a land proprietor may apply to the state authority for extension of lease tenure. However, as land matter is under State Government’s jurisdiction, the procedures to apply for lease extension is different from one state to another.

For Mdm Sally’s case, being a residential property located in Kuala Lumpur, the leasehold extension procedures are outlined in the Federal Territory of Kuala Lumpur Land Rules 1995 (“Rules”). It is provided under the Rules that only land proprietor of leasehold land with expiry term of 30 years and below shall be allowed to apply for the extension.

Therefore, unless there is any amendments made to the Rules, Mdm Sally shall wait for another 30 years before she may proceed to apply for extension of the lease tenure of her house.

So, how much did you know about this Legal Myth?

Share with us your thoughts and feedback to us. Ask us a question on AskCA@Thursday or suggest a Myth Buster for us.

Thanks!