hi, i'm currently renting a condo and signed a tenancy agreement(already stamped duty).
Now i'm having problems with the landlord

the landlord has owe the condo management fees bout RM 15k +
recently the management start to take action against the landlord - stop the water suppy
this has greatly affected me

on the other hand, the landlord has promised that there will be a carpark for me
however i still didn't get my carpark after few months since the landlord hasn't settle the management fees.

Does the landlord considered as breach of duty?
can i move out without giving 2month prior notice and taking back my deposits?

thanks.

Well, if they're invisible as you say then it's probably ok. Like they say, no news is good news. If they don't call and bug you then all's ok. I always tell people (sorry if i'm being repetitive in this thread) that choosing a lawyer is like choosing a doctor. It's not like a grocery store which you can go in randomly.

...although law firms are mushrooming and becoming common like grocery stores nowadays



Am amazed it kept you awake. When I have insomnia I read my posts and immediately I zzzzzzzzzz

Aiyoh that's a lot of money! Didn't you check with the management before you rented it out to do a background check to see if the owner is the type who doesn't pay maintenance in time? 15k must've accumulated over the years.

Anyway, too late for that. Let's see how to solve this.

Now, first things first - management has no right to cut off your water supply. The doctrine of 'self help' is not applicable in our country. They can't take the law into their own hands and cut off the water supply on the basis that maintenance fees has not been paid. I suggest that you first demand that they reinstate the water supply. Ask them under which law did they get the authority or right to cut off the water supply on the basis that maintenance fees has not been paid.

If they refuse to reinstate, seek legal advice to send them a legal letter, demanding that they reinstate the water supply failing which you will go to Court to obtain a Court order compelling them to do so, etc etc etc (the lawyer would know how to go about it).

Fight for your right

Is this promise stated in the tenancy? If not, you can't harp on it anymore. Verbal promise will end up as a 'your word against my word' as he will now surely deny it.

Well, in your tenancy one of the covenants of the landlord ought to state that he will make the necessary payments with regard to maintenance. If he fails to do so, the option for you to terminate the agreement ought to be there.

If it's not there, then once again, you have no remedy.

If you feel you want to leave - and the tenancy provides for the option of early termination by way of notice - do it according to the procedure stated there. Most of the time it would be by giving 1 month's notice in writing. You can't move out without notice. How are you going to take back your deposit anyway if you just move out without giving notice? So no, you can't do it that way.

Sort out the water issue fast as that is more urgent. Good luck!

You are right - we're civil society org on human rights training. We're now heading towards foundation status, because our parent org is in Netherlands and have the foundation status. Long and arduous regardless!

Have to find some way to be "tax efficient" then. Any advice on this?

thanks

Hi All,

Please advise whether the below S&P and Loan Agreement charges is appropriate. Thanks!

Below is the S&P charges for my RM520k property leasehold individual title.

DESCRIPTION Fees
TO OUR PROFESSIONAL CHARGES to preparing
the Sale and Purchase Agreement and attending
to its execution, attestation,stamping, to advising you
generally and specifically and to all work completed
thereto. 4,090.00

CKHT2A 200.00
Total Professional Charges 4,290.00
6% Service Tax 257.40
Total Professional Charges + 5% Service Tax 4,547.40

Stamping fees
Sale and Purchase Agreement 40.00


Stamp duty
Transfer 9,600.00


Registration fees
Transfer 500.00


Search Fees
Land search/Caveat and Presentation search 60.00
ROC/ROB search -
Bankruptcy search / CTOS Search 36.00

Out of pocket
Travelling 200.00
Postage & Courier 60.00
Fax & Telephone 60.00
Printing & Photocopying 60.00

Total disbursements 10,616.00
Add professional charges (b/f) 4,547.40
Total professional charges and disbursements 15,163.40
Less disbursements paid into account -
Less stamp duty paid into account (if any) -
Total due to us 15,163.40

After discount : 13,900

And the Loan Agreement for RM468k loan

Description Disbursements Fees
TO OUR PROFESSIONAL CHARGES to preparing
the Facilities Agreement and attending
to execution, attestation,stamping, to advising you
generally and specifically and to all work completed
thereto 3,726.00

Memorandum of Charge 372.60
Entry of private caveat 200.00
Withdrawal of private caveat 150.00
Consent to charge 300.00
Total professional fees 4,748.60
Add 6% Service Tax 284.92
Total professional charges & service tax 5,033.52

Stamping
Letter of offer 10.00
Statutory Declaration 20.00


Stamp duty
Facilities Agreement (Original & copies) 2,370.00
Memorandum of Charge 40.00


Registration fees
Entry of private caveat 340.00
Withdrawal of private caveat 80.00
Registration fee for consent to charge 30.00
Memorandum of charge 120.00


Search Fees
Bankrutpcy search 36.00
Land search 60.00


Out of pocket
Travelling charges 200.00
Postage & Courier 60.00
Printing & copying 60.00
Fax & phone 60.00
Purchase of loan documents 100.00
Affirmation of declaration 20.00

Total disbursements 3,606.00

Total profesional charges and disbursements 8,639.52
Less disbursements paid into account -
Less stamp duty paid into account (if any) -
Total due to us 8,639.52

After discount : 7,200.00

mikeyyh:


Ok lor. Disbursements are obviously marked up to contra the discount given to you. But you can't complain, because the house always wins

So, it's ok lor.

Tax efficient matters all you have to ask auditors la boss.

Hi dario,

Would appreciate it if you can give me some advice on my loan agreement.

The SPA agreement is absorbed by the developer as the unit im opting will only VP in 3 years.

This is a quote my loan agent get from the lawyer for me, and she says i must talk to the lawyer myself if i wanna ask for discounts.

Loan Amount: RM335,000

Loan Agreement

Legal Fees
Beed Assignment - RM2795
Power Attorney - RM279.50

Service Tax(6%) - RM201.24

Disbursement
Stamping
Facility Agreement - RM1705
Deed of Assignment - RM40
Power of Attorney - RM40

Searches
Land Search - RM50
OA Search/Bancruptcy - RM30
SD(affirmation&stamp) - RM30

Registration
Power of Attorney - RM47
(travelling to HIGH Court)
General and specific administrative disbursement - RM150
Transportation - RM180
Miscellaneous - RM50
Purchase Documents - RM200

Total : 3354(legal) + 201.24(tax) + 2532(disbursement) = RM6087.24

Im guessing there are things i should talk to the lawyer in order to get a much lower amount than this.
Since its the developer's lawyer, SPA was done by him as well~

Please advice~
appreciate all the help i can get~

Bro,.. how are you ? What you advised about the rights for the tenant is absolutely correct - to fight for her rights ! But the problem that lies here and which is more immediate is that she is not getting any water supply now, and the activities you have just mentioned needs time to execute. I believe she needs a quicker solution than what we have provided her - ie she needs to reactivate her water supply first.

After that, she can go after the management via the law.

The parking problem, okay, this one can wait. So, she can take her time and go through the proper channels under the law, if it's possible.

I think if this tenant is unable to put back the water supply, then she may be forced out of the premises first, after which she will start to 'fight with the landlord from the outside'.

Dear forumers,
i read through the threads was enlightened much on the subject but i will appreciate any comments on my delima.
I approached my current bank OCBC to refinance my house and was told i can use the top up facility and need not pay any legal fee thus i did not shop around for other bank offers .
Now after my loan is approved and waitng for offer letter,the bank officer called and told me that since my loan was taken prior year 2001 , i have to pay legal fee.
She blurped something about bank negara and year 2001.
now she told me that i will still maintain prior loan account and loan balance and will continue installment as usual. And they will create a new loan account for the refinance amount.
the loan balance is RM 120 and new additional is RM 330K.

The question is what she is talking about and how much will the legal fee will be.
Since technically i am not going to another bank and the old loan amount and accounts still maintained, do i pay stamping fee and legal fee ?

Appreciate answers and questions if you want more info.

This post has been edited by ahad: Mar 29 2011, 11:24 PM

Hi all experts, need some advice on the charges of cancellation fees for the property I just bought. I have paid 1% deposit and have not sign S&P yet. Due to some issue, I still need to wait for confirmation if the unit will belongs to me. Therefore I'm thinking of cancel the buying.

Called up the agent but then different agent give different stories. One say if cancel within 14days period of purchase will return bck 100% of the 1% deposit but then when I called up next day again, different agent served me and say no matter within that period or not, some processing fees of cancellation will be charged. I'm confused now.

Did anyone of you encounter this or have any advice?

Ok thanks dario!

Dario, I'm selling my property, here's the proforma invoice I received from the lawyer.

Legal fees for S&P xxx
CKHT 1A Submission RM 300
CKHT 3 Submission RM 100
Discharge of Charge RM 300
6% tax

Disbursement
Stamping fees on Discharge of Charge RM 10
Registration of Discharge of Charge RM 70
Bankruptcy search RM 30
Affirmation Fees RM 100
Travelling Expenses RM 100
Postage & Courier RM 30
Misc (Telephone etc) RM 50

Thanks!

dtna7:



Bankruptcy search is RM12/pax. Nothing more nothing less.

Why such a funny number RM47 for filing of power of attorney? Perhaps its only RM40. Where the extra RM7 appeared from?

What is General and specific administrative disbursement ? No wonder you're seeing stars. Better check that one out.
If you use the same solicitor for SPA and loan the disbursements, i.e. travelling, misc should be less.

However, if you're going to ask for a discount, then don't expect any charity from the law firm with regard to disbursements as same is marked up to get back whatever discount that may be given.

Hope that helps.

Did you sign any letter of offer to purchase? What does it say?

RM100 for filing CKHT 3 is utter rubbish. They can only charge you RM300 for CKHT 1A. Nothing allows them to charge for CKHT 3.
Cost of Bankruptcy search should not be passed to you! It must be borne by the purchaser!
What is affirmation fees for? What do you need to affirm that costs RM100??? If it's about the SD that you're not a bankrupt (which is not even mandatory because the official search is more authoritative) it is only RM8 for affirmation if you do it yourself at the Commissioner for Oaths.

Others are alright.

I'm alright bro.

What do you mean by reactivate her water supply first? The m'ment disconnected it because the owner did not pay the maintenance fees. It had nothing to do with the water bill (even so, it does not give them the right to disconnect the water supply). What m'ment did was wrong, and the way I look at it, they will not budge until the maintenance fees has been paid up.

So the fastest remedy is to seek legal advice to go to the Court, obtain an injunction to compel/order the m'ment to reinstate the water supply in the interim and seek compensation for any losses suffered. That would include costs of alternative accommodation (reasonably incurred, of course) while waiting for the m'ment to reinstate the water supply.

With a lawyer who knows his stuff and a certificate of urgency - one can get an injunction in a day, latest by 2-3 days. It has been done before.

But tenant would have to cough up legal fees for all that first - and then when she ultimately wins the case, the m'ment would be ordered to pay costs to her.

With regard to disconnection of water supply, her cause of action lies against the m'ment, and not the landlord. It was the m'ment who disconnected it without just cause, so they must be made liable.

Thanks for the quick response. I've talked him down and we've agreed on a figure. I wonder if the guy checks lyn

The procedure which is talking about is called 'upstamping'. Basically the existing charge will remain, but the original loan agreement with the advalorem stamp duty which you paid earlier would be upstamped for the additional sum that is advanced by the bank via the additional loan.

The letter of offer which states the additional loan which you have executed would be annexed to the original Charge document - and stamp duty for the additional amount would have to be paid. The additional stamp duty would be endorsed on the original Charge document (which would first need to be extracted from the Land Office) and resubmitted to the Land Office.

That is essentially the procedure. The question is - can you do all that by yourself and bear the risk of same? If you can, then tell the Bank that you want to do it yourself and thus, there would be no legal fees involved as there is no need to for a law firm to be appointed in this case. Whether they allow you to do so is a different story altogether.

If you can't do it on your own, you would have to appoint a firm (most likely one of their panel law firms) to do it for you. And yes, you would have to pay scaled legal fees and ad valorem stamp duty for all of this.

Perhaps you can ask them if they can factor in the legal fees into the loan, if you feel that the burden may be a bit hard to bear at the moment. The downside of that is that essentially you are paying interest upon your legal fees as well.

With regard to some blurp about bank negara and year 2001, I've no idea la chief. You can always call up Bank Negara and/or The Bar Council for further clarification if you want.

Perhaps he does. He must be going like this at me ->