AskCA
On September 27, NA write in and asked on the following:
We are currently trading in Tesco Extra Selayang, on 13th September at 11.30pm, outside off our trading hours, but whilst Tesco supermarket was still open, our shop was broken into. A computer was stolen from our shop. From the hours off 11.30pm and 10am the next morning, no Tesco member off staff or Security had realized that our shutter was left half open and that a break in even occurred.
It was only when my staff arrived at 10am the next day she noticed the shutter was half open and after seeing fragments off a broken lock she realized that we had a break in. She informed the Mall Manager, who in turn went to view the CCTV coverage. The whole incident was recorded on CCTV.

I sent an email to Tesco HQ. Requesting that they explain to me why no Tesco Security had noticed our shutter open the whole night, and that, by not realising it could have meant that we could have been robbed over and over again from the hours off 11.30 and 10am the next day. We also requested that they replace our computer, even if second hand, but in working condition.
Tesco HQ replied that under the Tenancy agreement it was clearly stated that Tesco is in no way responsible for any loss or damage to Tenant’s property.

I have read the tenancy agreement, and it clearly states that Tesco does not accept any liability. I cannot accept that any such agreement is law worthy. Kindly advise me on what action I can take against Tesco, so that we can feel safe that we have someone taking care off our premises which are inside the Tesco Mall.

Under such circumstances, your tenancy agreement with the Landlord which spells out the contractual obligations between the parties shall serves as the point of reference. As we are unable to peruse the said tenancy agreement, we shall answer your queries based on the information given by you.

Since you mentioned that there is an exclusion clause in your tenancy agreement, it would be rather difficult for you to bring an action against the Landlord as you have duly signed the tenancy agreement. The Court may disregard the said exclusion clause only in exceptional circumstances such as you are able to prove that the said clause was not brought your attention during the execution of the said tenancy agreement and so on.

Alternatively, you may consider bringing an action against the security company based on breach of duty of care owed to you in order to compensate your loss despite that they are not a contracting party to your said tenancy agreement. A duty of care may arise when one can reasonably foresee that his action or omission to act may cause damage to the person or property of others.

Meanwhile, you may also consider exploring the following actions:-

  1. to seek for a lawyer to peruse the terms of the said tenancy agreement; and
  2. to lodge a police report regarding the burglary incident and follow up closely on the investigation progress.

Thanks!