This website uses cookies to ensure you get the best experience on our website. Learn more

Malayan Credit Ltd v Jack Chia-MPH Ltd [1986] AC 549

By Oxbridge Law TeamUpdated 04/01/2024 07:01

Judgement for the case Malayan Credit Ltd v Jack Chia-MPH Ltd

Table Of Contents

  • Defendant was a tenant of a property for his business. He agreed that Plaintiff could become his joint tenant and that the lease be granted to them both. They agreed what space each would occupy and what proportions of rent each would pay.

  • Privy council held that it could presume joint tenants at law to be in fact tenants in common where each tenant used the property for separate business purposes (other examples where it has done so previously include a purchase in unequal shares, a loan on mortgage advanced unequally or partnership property). 

Lord Brightman

It is improbable that they would intend to hold as joint tenants in equity.

  • For example, if Defendant died he would not want his share in the property to revert to the other business.

  • Factors indicating tenancy in common:

    1. Separate commercial interests of Plaintiff and Defendant;

    2. Plaintiff and Defendant had kept their space allocation and rent payments separate and

    3. The rent, stamp duty etc. was payable in unequal shares by Plaintiff and Defendant. 

Any comments or edits about this case? Get in touch

For Further Study on Malayan Credit Ltd v Jack Chia-MPH Ltd

Land Law Notes
987 total pages
1286 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridge. ...

Property Law Notes
103 total pages
8 purchased

In depth revision notes that include lecturer and academic commentary a...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started

Related Product Samples

These product samples contain the same concepts we cover in this case.

Property LawCo Ownership Notes (13 pages)
Land LawLeases Notes (77 pages)
Claim every advantage to get a first in law
Land Law Notes
987 total pages
1286 purchased

Land Law notes fully updated for recent exams at Oxford and Cambridge. ...