Questions about property and tenancy disputes in Malaysia: landlords and tenants, deposits, house defects, developers and strata issues.
Your tenancy agreement usually decides when the deposit must be returned and what may be deducted, such as unpaid rent, utilities and damage beyond fair wear and tear. Document the property's condition at move-in and move-out, ask in writing for an itemised account, send a letter of demand, then claim: small claims for RM5,000 or less, or the Magistrates' Court for more.
In a strata building, report inter-floor leaks to the management body (JMB or MC), which has a procedure for inspecting and determining the cause; disputes can go to the Strata Management Tribunal for claims not exceeding RM250,000. For landed homes, claims are usually in nuisance or negligence in the courts. Photograph damage, keep repair quotes, and write to the neighbour before escalating.
Do not change the locks, cut utilities or remove the tenant's belongings. Under the Specific Relief Act 1950, a landlord must recover possession through court proceedings. Check the tenancy agreement, send a written notice, then file a claim for possession and arrears. The court's order is enforced by the court's bailiff. Keep records of every payment and message.
For housing sold under the statutory sale and purchase agreements, a developer that delivers vacant possession late must usually pay LAD. KPKT's formula is days late × purchase price × 10% ÷ 365. In Peninsular Malaysia and Labuan, homebuyers can claim at the Tribunal for Homebuyer Claims (up to RM50,000), generally within 12 months of the CCC.
Generally no. Where premises were let under a tenancy and the tenancy has ended but the occupier stays on, section 7(2) of the Specific Relief Act 1950 says the landlord must not recover possession otherwise than by court proceedings. A person dispossessed of immovable property without consent and otherwise than in due course of law may sue to recover possession under section 8(1), regardless of title. The court can also grant urgent injunctions, and you may claim damages for losses caused by an unlawful lock-out or seizure of belongings.
A landlord may apply ex parte to a Judge or Registrar for a warrant of distress to recover rent for up to twelve completed months immediately before the application (Distress Act 1951, s.5). The bailiff then seizes movable property on the premises, but certain property is exempt, including things in actual use, necessary clothing and bedding, and goods held for the tenant's trade (s.8). The tenant must receive an inventory and notice; the goods cannot be sold for at least six days (s.9). The tenant may apply to a Judge to discharge or suspend the warrant or release property (s.16).
If the tenant has abandoned the premises with at least two months' rent unpaid and no sufficient property left for distress, a Judge may authorise the bailiff to enter and take possession; if no one applies within ten days after notice is posted, the landlord is put in possession and the tenancy is deemed ended (Distress Act 1951, s.23). The landlord can then sue for arrears and for damage beyond fair wear and tear as compensation for breach (Contracts Act 1950, s.74), giving credit for any deposit applied under the tenancy agreement. Do not simply throw away goods left behind.
The Strata Management Tribunal hears claims listed in Part 1 of the Fourth Schedule of the Strata Management Act 2013, including disputes over the JMB's or MC's duties, defects in common property, recovery of charges and sinking fund contributions, and challenges to meetings and resolutions, where the total award sought does not exceed RM250,000 (s.105(1)). It cannot decide title to land (s.105(3)). Lawyers generally cannot appear (s.110(2)). Awards are final and binding and enforceable as court orders (s.120), and failing to comply is an offence (s.123).
The Tribunal for Homebuyer Claims can hear a homebuyer's claim against a licensed housing developer based on the sale and purchase agreement where the award sought does not exceed RM50,000 (Act 118, s.16M(1)), or more if both parties agree in writing (s.16O). The claim must be filed within 12 months of the certificate of completion and compliance, the end of the defects liability period, or termination of the agreement (s.16N(2)). Lawyers generally do not appear (s.16U(2)). Awards are final and enforceable as orders of the Magistrates' or Sessions Court (s.16AC), and non-compliance is an offence (s.16AD). Larger claims go to court.
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