Akta Relif Spesifik 1950
Applies to: Federal (whole of Malaysia) · Official text ↗
- When a tenancy has ended but the occupier stays on, the owner must not take back the property "otherwise than by proceedings in the court" (s 7(2)). Self-help eviction, such as changing locks or cutting utilities, is not allowed.
- Anyone dispossessed of land or a building without consent and without due process can sue to get possession back, whatever title the other side claims (s 8).
- Specific performance, an order to actually carry out a contract, is discretionary and is usually given only when money is not an adequate remedy, as with land or unique items (ss 11, 20, 21).
- Some contracts cannot be specifically enforced, such as contracts for personal service or ones the court cannot supervise (s 20).
- Injunctions can be temporary (interim) or perpetual, and can order someone to stop doing something or to do something (mandatory) (ss 50 to 55).
- The court can also rectify a mistaken document (s 30), rescind a contract (s 34), cancel a void document (s 38) and make declarations (s 41).
What this law covers
The Specific Relief Act 1950 (Akta Relif Spesifik 1950) deals with specific relief (relif spesifik): court orders that require something to be done or not done, rather than an award of money. Section 4 lists the forms it takes:
- taking possession of property and delivering it to the person entitled (ss 7 to 10);
- ordering a party to do the very act they are obliged to do: specific performance (pelaksanaan spesifik) (ss 11 to 29);
- preventing a party from doing something: injunctions (injunksi) (ss 50 to 55);
- declaring and fixing rights: declarations (perisytiharan) (ss 41 and 42);
- appointing a receiver (s 43);
- rectifying, rescinding or cancelling documents and contracts (ss 30 to 40).
These remedies are discretionary: the court decides whether it is fair to grant them in the circumstances. Specific relief is not granted just to enforce a penal law (s 6). The procedure for applying is in the Rules of Court 2012.
Recovering property, and the ban on self-help eviction (ss 7 and 8)
Section 7(1) says a person entitled to possession of specific immovable property may recover it in the manner prescribed by the law of civil procedure.
Section 7(2) is the key protection for tenants. Where property has been let under a tenancy, the tenancy has ended or been terminated, and the occupier stays in occupation, the person entitled to possession shall not enforce the right to recover it against the occupier otherwise than by proceedings in the court. "Occupier" means a person lawfully in occupation when the tenancy ended (s 7(3)).
In practice, this means a landlord must not:
- change the locks or padlock the premises while the tenant's belongings are inside;
- remove the tenant's belongings;
- cut off water or electricity to force the tenant out;
- use force or hired people to remove the tenant.
This applies even if the tenancy agreement says the landlord may re-enter on default. The landlord should serve a proper notice to quit and, if the tenant does not leave, sue for possession, arrears and double rent or damages where available. A landlord who uses self-help may be liable to the tenant for trespass and damages.
Section 8 protects anyone (not only tenants) who is dispossessed of immovable property without their consent and otherwise than in due course of law. They can sue to recover possession, and the other side cannot defeat the claim simply by showing a better title. A person who has better title must still bring their own action to establish it (s 8(2)). A s 8 suit cannot be brought against any Government in Malaysia (s 8(3)), and there is no appeal from an order in such a suit (s 8(4)).
Movable property (goods) can also be recovered specifically (ss 9 and 10), for example where the item is unique or held by someone as agent or trustee.
See Property and tenancy.
Specific performance of contracts
Normally, when a contract is broken, the remedy is damages under the Contracts Act 1950. Section 11 lets the court, in its discretion, order specific performance where, for example:
- there is no standard for measuring the actual damage;
- money compensation would not be adequate relief, as with a contract to sell land or a house; for land the court generally presumes that damages are not adequate;
- it is unlikely that compensation could actually be obtained.
Section 20 lists contracts that cannot be specifically enforced, including contracts where money is adequate relief; contracts for personal service or so dependent on personal skill or volition, or so detailed, that the court cannot enforce them; contracts whose terms are too uncertain; revocable contracts; and contracts involving a continuous duty over more than three years.
Section 21 stresses that the jurisdiction is discretionary, though the discretion must be exercised on judicial principles. The court may refuse where the contract gives the claimant an unfair advantage, or where performance would cause the defendant unforeseen hardship. Under s 18 the court may award compensation in addition to, or instead of, specific performance. A clause fixing damages does not by itself bar specific performance (s 19).
Rectification, rescission, cancellation and declarations
- Rectification (s 30): where, through fraud or mutual mistake, a written contract does not express what the parties really agreed, the court may correct it.
- Rescission (ss 34 to 37): a person interested in a written contract may ask the court to set it aside, for example where it is voidable or terminable by them, or unlawful for reasons not apparent on its face. The court may require the party rescinding to return benefits received.
- Cancellation (ss 38 to 40): a person who reasonably fears serious injury from a void or voidable document, such as a forged deed, may ask the court to declare it void and order it delivered up and cancelled.
- Declarations (s 41): a person entitled to a legal character or right to property may ask the court to declare that right. The court will not make a bare declaration where the claimant could have asked for further relief and did not.
- Receivers (s 43): the court may appoint a receiver to protect property during proceedings.
Injunctions (ss 50 to 55)
An injunction (injunksi) is an order to stop doing something, or sometimes to do something.
- Temporary injunctions (injunksi interim) last until a set time or further order and can be granted at any stage of a case (s 51(1)). Courts usually ask whether there is a serious question to be tried, where the balance of convenience lies, and whether damages would be an adequate remedy. The applicant is normally required to give an undertaking to pay damages if the injunction turns out to be wrong.
- Perpetual injunctions (injunksi kekal) are granted in the final judgment (s 51(2)), for example to prevent breach of an obligation, a continuing trespass, nuisance or misuse of confidential information (s 52).
- Mandatory injunctions (injunksi mandatori) compel a positive act, such as pulling down a structure built on a neighbour's land (s 53).
Section 54 lists cases where an injunction cannot be granted, including: to stay criminal proceedings; to interfere with the public duties of any government department; to prevent breach of a contract that could not be specifically enforced; where an equally effective remedy is available; where the applicant's own conduct disentitles them; and where the applicant has acquiesced or has no personal interest. However, s 55 lets the court enforce a negative promise in a contract (for example, not to work for a rival during the contract) even where the positive part cannot be specifically enforced.
How to enforce it / where to go
Claims for specific relief are filed in the civil courts. Applications for specific performance, injunctions and declarations usually go to the High Court. Claims for possession and landlord-and-tenant disputes may be filed in the Sessions Court, which has no monetary limit for these cases. See The courts and How a civil case runs. In urgent cases, such as imminent demolition or an illegal lock-out, a lawyer can apply for an interim injunction quickly, sometimes without notice to the other side at first.
Laws cited on this page
| Act 136 | Contracts Act 1950 · Akta Kontrak 1950 | Official text |
| Act 137 | Specific Relief Act 1950 · Akta Relif Spesifik 1950 | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 4 | Lists the forms of specific relief the court can give. |
| s 7(1) | A person entitled to possession of immovable property recovers it by civil procedure. |
| s 7(2)-(3) | After a tenancy ends, the owner must not recover possession from the occupier except through court proceedings. |
| s 8 | Anyone dispossessed without consent and without due process may sue to recover possession; not against Government; no appeal. |
| s 11 | When specific performance may be ordered, such as where money is not adequate relief. |
| s 18 | Court may award compensation in addition to or instead of specific performance. |
| s 20 | Contracts that cannot be specifically enforced, such as personal service or uncertain terms. |
| s 21 | Specific performance is discretionary, guided by judicial principles; grounds for refusal. |
| s 30 | Rectification of documents that do not reflect the real agreement because of fraud or mutual mistake. |
| s 34 | Rescission of contracts by the court. |
| s 38 | Cancellation of void or voidable documents. |
| s 41 | Declaratory orders on legal status or rights. |
| ss 51 to 53 | Temporary, perpetual and mandatory injunctions. |
| s 54 | Cases where an injunction cannot be granted. |
| s 55 | A negative promise in a contract can be enforced by injunction. |
Worked examples
Facts. Ravi rents a shop lot. His tenancy expired last month and he is negotiating a renewal. One morning he finds the landlord has padlocked the shop with his stock inside. The tenancy agreement says the landlord may re-enter if the tenant overstays.
The law. Ravi was a lawful occupier when the tenancy ended, so s 7(2) applies: the landlord must recover possession only through court proceedings, whatever the agreement says.
Outcome. The lock-out is unlawful. Ravi should write to the landlord demanding access, make a police report about any goods taken, and see a lawyer about an urgent injunction and damages. He should also keep paying or tendering the agreed rent and deal with the renewal properly, because the landlord can still go to court to recover possession lawfully.
Facts. Aminah signs a sale and purchase agreement for a terrace house and pays the deposit. Prices rise, and the seller refuses to complete.
The law. Under s 11, specific performance is available where money is not adequate relief, and for land the court generally treats damages as inadequate. Aminah must show she was ready and willing to perform. The court may refuse under s 21 if there was unfair advantage or unforeseen hardship.
Outcome. Aminah can sue for specific performance (and, if needed, a private caveat on the title to protect her interest), with damages as an alternative. She should act promptly.
Facts. Mr Tan's neighbour extends his kitchen 1 metre onto Mr Tan's land despite objections.
The law. Mr Tan can seek a perpetual injunction to restrain the trespass (s 52) and a mandatory injunction to remove the encroaching structure (s 53). If construction is still ongoing, he can seek an interim injunction (s 51(1)).
Outcome. He should get a licensed land surveyor to confirm the boundary, write to the neighbour, and see a lawyer quickly. Delay can count against him (s 54(h), acquiescence).
Facts. Siti and her brother agree that she will buy lot 12, but the typed agreement mistakenly says lot 21. Both admit the error, but the brother has died and his administrator relies on the document as written.
The law. Under s 30, where through mutual mistake a written contract does not express the parties' real intention, the court may rectify it.
Outcome. Siti can ask the court to rectify the agreement, using evidence of what both parties actually intended.
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
My tenant has stopped paying. Can I just change the locks?
No. Under s 7(2), once the tenancy has ended and the tenant stays on, you must recover possession through the court. A re-entry clause in the agreement does not override this. Serve a proper notice, then sue for possession and arrears. Self-help can make you liable for trespass and damages.
What can I do if my landlord locks me out?
Write to the landlord demanding access, make a police report if your belongings are taken, and see a lawyer. The court can grant an urgent injunction to restore access, and you may claim damages. You can also sue under s 8 to recover possession if you were dispossessed without consent and without due process.
Can a court force someone to complete a contract?
Yes, through specific performance, but only in the court's discretion and usually where money would not be adequate, as with land or unique items (ss 11 and 21). Contracts for personal service, and those the court cannot supervise, cannot be specifically enforced (s 20).
Can I get an injunction to stop a government department?
Section 54(d) says an injunction cannot be granted to interfere with the public duties of any department of any Government in Malaysia. Other remedies, such as judicial review or a declaration, may be available against public bodies. Get legal advice.
Can my employer stop me working for a competitor while I am still employed?
Under s 55, a court can enforce a negative promise in a contract, such as not to serve a rival during the term of employment, even though it will not order you to work. After employment ends, restraints are generally void under s 28 of the Contracts Act 1950.
What is the difference between an interim and a final injunction?
An interim (temporary) injunction keeps things as they are until the case is decided or a set date (s 51(1)). A perpetual injunction is part of the final judgment after the court decides the merits (s 51(2)).
All questions & answers → · Ask your own →
Sources
- Specific Relief Act 1950 (Act 137), text (reprint via Low & Partners)
- Low & Partners: Nightmare on Tenant Street (s 7(2) and recovering possession)
- Laws of Malaysia portal (Attorney General's Chambers)
Related
Contracts Act 1950Renting and buying propertyNational Land Code (Revised 2020)How a civil case runsCourts and their powersEnforcing a judgmentLimitation Act 1953