1) Is it the same solicitor who acted for you for your loan documentation? I'm assuming you're not a cash purchaser. In any event, your loan solicitor would present the title for registration in your favour. Once the title is out, the original must be handed over to your financier for safekeeping, and usually, a photostat would be given to you for your reference. That title would clearly state your name as the registered proprietor of the property.

2) If you're referring to transfer of ownership with regard to quit rent and assessment, then no. Unless it is specifically stated for in the agreement, there is no duty for the solicitor to do all those for you. At the very least he ought to advise you and not just say 'not sure' or asked you to check yourself. That is quite unprofessional.

In any event, you can sort it all out yourself. May have to take half-day leave to do all the running around.

3) What do you mean by docs are in order? If docs are not in order you would not have the keys to your new house. With regard to reno approval plans, etc, that is essentially your own duty and obligation to get it from the vendor, and not your lawyer's. It is for your safekeeping at the end of the day, in the event the local authorities come knocking to check if you had the relevant approval and plans.

There would not be any trouble for you when you want to sell in the future - as long as the title has been registered in your favour, the charge has been registered in favour of your financier, the loan has been fully disbursed, etc. There's nothing more to worry about, really. Enjoy the new home.

Interesting point. But such rules have to be clearly stated, and who is to judge that such rules have been broken, thus allowing the landlord such drastic recourse. It would have to be more detailed than just 'If the tenant fail to xxxx, then the landlord has the right to xxxxx'

If I were the tenant I wouldn't sign such agreement.

Hope the lawyer didn't advise you that cutting the electricity/water is legal

Bro,... not true, in Malaysia, it's pretty wierd - the occupants can "persuade" the utility companies not to terminate the supply even when the bills run very high. The only way is to terminate the supplies intentionally.

And then, I have also seen delinquent tenants purposely paying the utility companies but NOT the landlord so that they could keep occupying the house for free.

And one more : I have also seen delinquent tenants managing to transfer the ownerships of the supplies to their own names and this makes the actual owner, ie the landlord NOT being able to terminate the supplies.

In short : lots of crap things like this happening in Bolehland.

Bro,.. I believed the decider here should be very simple, and no two-ways about it - if the tenant does not pay-up by a certain number of days from the 1st of the month, then the recourse, though drastic, would have been granted to the landlord. That's the ONLY and the basic rule, that's all. Sorry for saying this, but how much more detailed could it get ?

What method of judgement needs to be in-between ?

I'll add another term into the Tenancy Agreement too : if the rental is not paid by (when...), the Landlord will have the right to TERMINATE the Utility Supplies.

New owner should have such rights, right ?

Thank you.

Yes the same lawyer did the loan agreement. However, he did not give me a photostat copy of the title for reference. Can I again, asked him for it?

Also, can anyone kindly advise me where to do the transfer of quit rent and accessment? Is it different mukim , different bandar, different land office?

Yes, you can ask from him. It is best you get it from the person in charge.

Maybe they will give it to you. Call up the office.

If not mistaken, give them a photostate copy of SnP to state government body for Quit Rent and Assessment.

Bro, in your earlier post, you said, "On another note, what if it has been specifically mentioned in the Tenancy Agreement that the Landlord has the right to lock the doors and prevent the Tenant from accessing the premises if certain rules have been broken"

Emphasis added at the end there whereby my understanding was that there were some sort of house rules for the tenant to follow. As such, my reply to that was that such rules much be detailed and the way such rule would be deemed to be breached by the tenant must also be detailed.

Now you've zoomed in and stated that if the tenant does not pay-up - you've focused on that one breach. You're not referring to 'certain rules' anymore.

So now you see why we're at crossroads,buddy?

Well, if the tenant fails to pay up, I think that goes to the root of the tenancy agreement itself and the remedy is to elect to terminate the contract, right? Why waste time to cut utilities, etc? I don't think it is just easy to just disconnect and re-connect utilities with a mere phone call. I'm sure there would be re-connection fees as well. And what if the authorities are slow to re-connect once the tenant has paid up? Who's going to responsible for the fact that the property has no electricity/water? Wouldn't the landlord then be guilty of fulfilling his side of the bargain? Wouldn't the tenant then have a cause of action against the landlord for breach of contract?

That's why I think it would be too messy to go that way - cutting off utililities when there's unpaid rental.

Before the new owner has such rights, the vendor (and currently the reluctant landlord) first has to surrender vacant possession to the owner. As such, the duty to evict lies with the vendor. The vendor can't just terminate the utilities and say that he's no longer the owner of the property - he only ceases to be the owner once vacant posession has been handed over - and VC must obviously be without the troublesome tenants holding over.

Yes, of course you may ask him for it. You must, in fact, as it is proof of ownership. It will also reflect the land office where your title is registered, so that you can hop over there and fill up the change of name form - with regard to quit rent.

With regard to assessment - it would be the local councils - something like MPPJ, MPKj, MPS - you can tell from the assessment receipt if not from the address of the property itself, to be honest. There would be a change of name form to be filled up and submitted as well.

And you'd be done.

Bro,.. yes, understood on both points,...

For the first point : I was mentioning about a set of house rules earlier, and later I spoke about a single term instead,... hence you were talking about the set of rules, thanks for clarifying,...

For the second point : I think if the tenant has breached the single term being the mode of rental payment, then everything should kick-in, namely cutting of utilities and re-accessing premises - no need to think so much anymore. After that, whatever else that takes place is to be borne by the tenant. And all these need to be written out nicely in the Tenancy Agreement for the prospective tenant to see, in order to be fair to them.

Wahh,... if like that, then the new owner is truly at the mercy of the previous owner and the tenant. If both sides do not perform their functions, or even one side fails to perform his/her function, the owner is in trouble.

It's difficult enough to handle one party, now the new owner has to contend with two parties.

Hi dariofoo, Called up my lawyer, however he said does not have a copy of the title.

I asked him 'why'? and how can the bank release the money without having the original title? He said it is based on a receipt from the land office. He does not have the title yet, not sure whether he follow-ed up to get the title. And bank also did not receive the title yet. I ask him without the title, how do i know it already transferred to my name? he said based on the receipt.

may i know ur advise? is this right?
and how long does it take for the original title to be transferred from one name to the other usually?

This post has been edited by -elena-: Mar 21 2011, 11:01 AM

Hansel,

A common clause which is inserted in tenancy agreements would be that failure to pay rental on time as agreed would allow the landlord the option to terminate the agreement and evict the tenant. Shouldn't that 'power' be better than the option to cut electricity and re-accessing premises, as you stated?

Just terminate the troublesome tenant and move on with life. Get a new tenant. Instead of wasting time to disconnect/reconnect water/electricity.

New owner (purchaser) has nothing to worry about as he waits for vacant posession of the premises. However, in reality, when there is a troublesome tenant occupying the premises, or if the premises is the subject of ongoing litigation - nobody would touch it at all. Who would want to buy trouble?

True. The receipt is for presentation for registration. It would take a bit of time for the actual title deed to be issued. As to how long - it depends on the efficiency of the land office concerned. Perhaps you can follow up again in 2 weeks' time.

it's been over 3 months. Just wondering, does it usually take so long? As I have a friend whose title for double storey came up within 2 weeks.

3 months from date of presentation for registration?! Are you sure? That's quite long. Even the bank would be chasing them for the original title by now.

yes. when i asked him for it, he said 'only 3 months'..

i don't think bank chase also, coz when i asked him, he doesnt seem to know. what should i do?

This post has been edited by -elena-: Mar 21 2011, 01:48 PM