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Wisma Sime Darby Sdn Bhd

v
Wilson Parking (M) Sdn Bhd
Prepared by:
Nurul Atilia
Shahira Zulkifli
Facts of the Case
The respondents occupied and operated a car park owned by the appellants
Option clause in the agreement:
The appellants shall, on the written request of the respondents made 3
months before the expiration of the existing term, grant a tenancy of the
premises for a further term of 3 years from the expiration of the term at
a rent to be agreed.
Respondents gave notice in writing within stipulated period of their
intention to exercise the option to renew the tenancy but did not mention
the rental for the proposed new term.
Only until the appellant made an invitation to make an offer in competition
with others who had been invited to tender did the respondents make an
offer.
Their tender was not accepted and the existing lease was extended for 2
months for them to vacate.
However, the respondents took the view that because they had exercised
the option clause within the required time, there was a concluded tenancy
agreement for another 3 years.
Issues
Was there a concluded agreement?
Is the option clause valid?

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