Lawyer's Corner v2, One-stop centre for any legal queries
|
|
 Feb 3 2012, 05:05 PM
|
 
Elite
2,795 posts Joined: Aug 2010 From: District 9  
|
dsugums:
» Click to show Spoiler - click again to hide... « Fees are alright but the bill is normally combined and not separated. I mean disbursements. They can't charge you RM50 for miscellaneous x 3. It ought to be once only. RM200 for courier seems expensive. If you want to tumpang the purchaser's lawyer you would only be paying for discharge of charge and consent. If you think that you don't need to be represented then that option is open to you.  |
|
|
|
|
|
Feb 4 2012, 02:03 AM
|
 
Junior Member
373 posts Joined: Mar 2011
|
Dario.
This is not entirely on hire purchase/ property problem but i post up here and hopefully you can give ways on how go deal with it. This problem actually faced by my friend My friend actually will end up his rent this february (end of the month) and according to agreement final month will need not to pay and landlord will take one month deposit as payment. However my friend mistakenly bank in the rental for february and now he already alert the landlord and requested her to refund back the money. She will return the money upon surrenderin the key and if any things that need to be fix she will deduct from the money. My friend disagree with it as it is not in the agreement at all. And fyi during tenancy period the house was sold to current landlord, and my friend did rent out from previous owner/landlord. And according to current landlord the she did not took the deposit from previous owner, however she did agree to my friend not to pay for final month, which in agreement the deposit will be render as the final payment. Now another problem which occur about how this fiance of landlord raise up voices and ask my friend to get out of the house immidiately, which is impossible and improper since he is a family man with wife and child. I was there when this inciden happened and i am not happy the way my friend was treated. My question is 1. Is it proper for landlord to deduct the money which was mistakenly bank in by my friend? Isnt it right for her to return back the money 2. About the threat from her fiance, what should we do to deal about it? He did not said anything obvious like wants to beat up, chop off etc but he did raised voices and intimidate and challenge my friend. 3. Please advice on how to deal with this whole scenario. If anyone have opinions on this please share. Thanks. |
|
|
Feb 4 2012, 04:58 PM
|
Newbie
1 posts Joined: Feb 2012
|
Hi Dario
I just bought a condo at KL. At the stage of applying bank loan. Could you kindly advice the proper procedure of transferring land titile, S&P etc? It is currently tenanted too. Anything else should i need the lawyer to help me settle in order to take over the condo and tenant appropriately? what is the estimate charges a lawyer would impose on this kind of services? |
|
|
Feb 5 2012, 12:10 AM
|
|
Elite
2,795 posts Joined: Aug 2010 From: District 9
|
QUOTE(leechers @ Feb 4 2012, 02:03 AM) Dario. 1. If it is contrary to the tenancy agreement, of course it is wrong. The landlord has to return it.This is not entirely on hire purchase/ property problem but i post up here and hopefully you can give ways on how go deal with it. This problem actually faced by my friend My friend actually will end up his rent this february (end of the month) and according to agreement final month will need not to pay and landlord will take one month deposit as payment. However my friend mistakenly bank in the rental for february and now he already alert the landlord and requested her to refund back the money. She will return the money upon surrenderin the key and if any things that need to be fix she will deduct from the money. My friend disagree with it as it is not in the agreement at all. And fyi during tenancy period the house was sold to current landlord, and my friend did rent out from previous owner/landlord. And according to current landlord the she did not took the deposit from previous owner, however she did agree to my friend not to pay for final month, which in agreement the deposit will be render as the final payment. Now another problem which occur about how this fiance of landlord raise up voices and ask my friend to get out of the house immidiately, which is impossible and improper since he is a family man with wife and child. I was there when this inciden happened and i am not happy the way my friend was treated. My question is 1. Is it proper for landlord to deduct the money which was mistakenly bank in by my friend? Isnt it right for her to return back the money 2. About the threat from her fiance, what should we do to deal about it? He did not said anything obvious like wants to beat up, chop off etc but he did raised voices and intimidate and challenge my friend. 3. Please advice on how to deal with this whole scenario. If anyone have opinions on this please share. Thanks.  2. Didn't lodge a police report? I can't see how you can take it any further. Defamation seems a bit far fetched. 3. Try diplomacy to get back the excess payment made. Has keys been handed over? When handing over keys, make sure that landlord inspects everything and make sure that there is no defect whatsoever, so that no issues will be raised once keys has been handed over to the landlord. Be present when the inspection is done. After that, anything that goes wrong has to be borne by the landlord, not by the tenant anymore. If the landlord doesn't want to return it, the option would be to see a lawyer and send out a letter of demand. |
|
|
Feb 5 2012, 12:14 AM
|
|
Elite
2,795 posts Joined: Aug 2010 From: District 9
|
QUOTE(joey7559 @ Feb 4 2012, 04:58 PM) Hi Dario Everything will be provided for in the SPA which your lawyer will draw up for you. If you want to know the process you can always read it up. The process is different for different types of properties, titles and if the property is encumbered. Also differs if there are restrictions in the title.I just bought a condo at KL. At the stage of applying bank loan. Could you kindly advice the proper procedure of transferring land titile, S&P etc? It is currently tenanted too. Anything else should i need the lawyer to help me settle in order to take over the condo and tenant appropriately? what is the estimate charges a lawyer would impose on this kind of services? With regard to the charges, it is based on the SPA price - for your SPA lawyer - as well as the loan sum - for your loan lawyer. You can use the calculator at the first page to calculate the legal fees. It is fixed. |
|
|
Feb 5 2012, 09:55 AM
|
|
Junior Member
130 posts Joined: Nov 2010
|
hi,
can u advise the proper way to evict a tenant? assuming tenancy agmt clearly states a specific date of payment per mth, and that clause has been breached. can we a) lodge police report for trespassing b) terminate the utilities/deactivate access cards c) lock up the premise what is also the procedure i need prior to getting a court order for eviction? thank you! |
|
|
|
|
|
Feb 5 2012, 12:45 PM
|
|
Elite
2,795 posts Joined: Aug 2010 From: District 9
|
QUOTE(ultraman29 @ Feb 5 2012, 09:55 AM) hi, You can lodge a police report but it is not to state that he is a trespasser. Such persons are called ''tenants holding over" and not trespasser. A trespasser is one who never had permission to be in the premises, for example a drug addict who breaks into an empty unit and occupies it.can u advise the proper way to evict a tenant? assuming tenancy agmt clearly states a specific date of payment per mth, and that clause has been breached. can we a) lodge police report for trespassing b) terminate the utilities/deactivate access cards c) lock up the premise what is also the procedure i need prior to getting a court order for eviction? thank you! Basically you need to serve a one-month's notice of eviction to that person. Once that is done and he does not move out, you go to Court and get an eviction order. The bailiff will assist you to execute the order and evict the tenant. That would be the legal way to do it. You cannot, in any circumstances: a) Cut off utilities; or b) Lock up the premises as those actions are deemed to be self-help which is not allowed in Malaysia. You can be sued by the tenant. The fact that he owes you rental is different and he has a right to claim damages from you if he suffers any loss as a result of your actions. A lot of landlord opt to use those methods to force the tenant to move out, but if you're lucky and the tenant obliges, then all is good and you save time and money. However, it can backfire on you. In version 1 of this thread I shared a real life example of a tenant who counter-sued a landlord who terminated the utilities of a house due to non-payment of rent. The tenant also managed to get an injunction against the landlord to compel the landlord to re-connect the utilities. The landlord also had to pay costs to the tenant. Of course, the landlord was not deprived of his right to claim for double-rental as the tenant was holding over even after notice was served on him, but the injunction allowed the tenant to continue to be in the premises until the suit to determine if the landlord has to pay any damages has been heard and disposed off. In the end, parties reached a settlement whereby the tenant moved out and the landlord had to waive almost all of the outstanding rental and the landlord had to pay a bit of costs to the tenant. |
|
|
Feb 5 2012, 01:53 PM
|
|
Junior Member
130 posts Joined: Nov 2010
|
QUOTE(dariofoo @ Feb 5 2012, 12:45 PM) You can lodge a police report but it is not to state that he is a trespasser. Such persons are called ''tenants holding over" and not trespasser. A trespasser is one who never had permission to be in the premises, for example a drug addict who breaks into an empty unit and occupies it. thank you for your reply. what is the use of a police report then? what if there is a clause which mentions that the tenant is in breach of the tenancy and is then a trespasser? would that help?Basically you need to serve a one-month's notice of eviction to that person. Once that is done and he does not move out, you go to Court and get an eviction order. The bailiff will assist you to execute the order and evict the tenant. That would be the legal way to do it. You cannot, in any circumstances: a) Cut off utilities; or b) Lock up the premises as those actions are deemed to be self-help which is not allowed in Malaysia. You can be sued by the tenant. The fact that he owes you rental is different and he has a right to claim damages from you if he suffers any loss as a result of your actions. A lot of landlord opt to use those methods to force the tenant to move out, but if you're lucky and the tenant obliges, then all is good and you save time and money. However, it can backfire on you. In version 1 of this thread I shared a real life example of a tenant who counter-sued a landlord who terminated the utilities of a house due to non-payment of rent. The tenant also managed to get an injunction against the landlord to compel the landlord to re-connect the utilities. The landlord also had to pay costs to the tenant. Of course, the landlord was not deprived of his right to claim for double-rental as the tenant was holding over even after notice was served on him, but the injunction allowed the tenant to continue to be in the premises until the suit to determine if the landlord has to pay any damages has been heard and disposed off. In the end, parties reached a settlement whereby the tenant moved out and the landlord had to waive almost all of the outstanding rental and the landlord had to pay a bit of costs to the tenant. for the utilities, would it also help if say we hv a clause which authorises the landlord to cut off the utilities in the event of non payment of rental? would this gv the landlord the right?  |
|
|
Feb 5 2012, 06:08 PM
|
Junior Member
102 posts Joined: Jun 2006 From: KL 
|
deleted---------------
This post has been edited by shingrey: Feb 6 2012, 01:24 AM |
|
|
Feb 6 2012, 07:06 AM
|
|
Junior Member
5 posts Joined: Jan 2012
|
Hi Dario,
Happy Chap Goh Mei !!!! Yes my sis agreed to it. Where to get get Form 14A ? I have check with the bank, but they told me to get a lawyer to settle issues with the remover of name from the title first. Then only my lawyer can give instruction to the bank to amend the rest of the procedures. I understand that anything the involve the land/title authority will need plenty of $$. What should i do now? Thanks QUOTE(dariofoo @ Jan 29 2012, 01:23 AM) Your sis has to be agreeable to it. If she's ok, it's just her signature on the Form 14A to transfer which is needed. Issue is only with the bank - you need to check with them if they can agree to the transfer without the need to refinance. The bank as the chargee has to agree to the transfer subject to charge. |
|
|
Feb 6 2012, 03:50 PM
|
|
Elite
2,795 posts Joined: Aug 2010 From: District 9
|
QUOTE(sapphire_rock @ Feb 6 2012, 07:06 AM) What should i do now? Check with the bank first as to whether you require you to refinance and transfer OR can do transfer subject to charge. If refinance also they might require you to appoint their panel law firm to do it. So check with the bank first before appointing a lawyer. |
|
|
Feb 6 2012, 03:57 PM
|
|
Elite
2,795 posts Joined: Aug 2010 From: District 9
|
QUOTE(ultraman29 @ Feb 5 2012, 01:53 PM) thank you for your reply. what is the use of a police report then? what if there is a clause which mentions that the tenant is in breach of the tenancy and is then a trespasser? would that help? Police report would be for record purposes. Of course the police would not assist you to evict the tenant as it is out of their jurisdiction.for the utilities, would it also help if say we hv a clause which authorises the landlord to cut off the utilities in the event of non payment of rental? would this gv the landlord the right? Yes for utilities you can have such a clause. But there must be a limit in which you must set. Perhaps not exceeding RM200/month outstanding for following month, or along those lines. In a standard tenancy agreement there would be a clause which allows the landlord to re-enter and take VP of the premises. However, in actual practice, that is difficult to do as the tenant would definitely place another padlock and furthermore, there are his items and belongings in the premises which he may make the landlord accountable for in the event the landlord effects re-entry in the tenant's absence. Even things which do not exist can be claimed to be stolen by the landlord during re-entry. Therein lies the difficulty. |
|
|
Feb 7 2012, 01:59 PM
|
|
Junior Member
5 posts Joined: Dec 2011
|
Dear Bro & Sis Lawyers,
Sorry to barge in on any current discussion, but i got a case which i really need help. Really hope dear bro & sis lawyers could share your expertise and guide me. I was referred by a lowyat member onto this thread after i've posted my question on Finance, Business and Investment House. Previous Thread Anyhow, my relative is sued for bankruptcy on year 2009 (he is still not bankrupt at the moment, but blacklisted), he transferred his property (own house) to his sister in the same year 2009. I've heard that the official assignees or government have the power to take back the property of the bankrupt (even after transferred or sold to third party). Is it true? Also, there is a duration of 2/5 years, why is there 2 different durations? |
|
|
|
|
|
Feb 8 2012, 03:09 AM
|
Junior Member
459 posts Joined: Mar 2006 From: OUG 
|
Hi dario,
I dont know if you remember me a few month ago. I bought a property from auction. I bought a apartment property. Does he consider as trespassing after the notice i gave him to evict?He is a trouble maker in the apartment. Everyone want him out. Is there anyway to evict him without going to court? |
|
|
Feb 8 2012, 09:45 AM
|
|
Senior Member
1,152 posts Joined: Jul 2011
|
Hi Dario,
I have the dumbest question and I hope you can be patience enough to answer them. Recently I bought a sub-sale house and right now I have to undergo applying new accounts for TNB, Water, and Majlis Perbandaran for the Cukai Pintu. The question is for TNB account, I need to give a copy of the S&P together with RM10 stamp duty. But why for Water and Majlis Perbandaran I don't need the RM10 stamp duty??? |
|
|
Feb 8 2012, 10:25 AM
|
|
Junior Member
60 posts Joined: Mar 2011
|
I need advice from all the sifus here.
My tenant wishes to break lease. Its a 2 yrs lease and they have occupied for about 10 months. Can I know what I can claim from them besides forfeiting the 2 months deposit. Must I return the utilities deposit? Must they give 1 months notice before termination? Can I claim back the commission paid to the agent (pro rated)? Any other advice is most appreciated. Thanks. |
|
|
Feb 8 2012, 12:14 PM
|
|
Newbie
2 posts Joined: Sep 2011 
|
Hi Dario,
Need some advise. My husband and I bought a service condominium back in 2003, but the project was put on hold until it was recently revived. Now it is nearing completion. At this stage, my bank loan is still not fully disbursed. However, I've just received a call from a real estate agent stating that she has a ready buyer who is interested in my unit and is willing to accept my selling price. I am keen to sell my apartment, as we already have another house (have given up on waiting for this apartment), but I hope you can advise us as to the implications and costs of selling my apartment at this stage of completion (ie. 80% completed and without CF/title). Are we liable for anything? Is it legal to do so? What do we need to do to ensure that we do not get caught in a situation where we are liable until the new buyer gets the keys to the apartment? In my thinking, he must be ready to take on anything that will happen from the time we sell the apartment to him until he gets the keys from the developer. We don't want to get roped into any disputes he has with the developer months after we sell the unit to him. What is the legal standpoint in this? Hope you can advise us in this matter, as we have no experience in this sort of matter at all. Thanks a lot. |
|
|
Feb 8 2012, 03:47 PM
|
|
Senior Member
1,927 posts Joined: Sep 2009
|
Dariofoo
Is it possible to transfer the car park from one apartment unit to another apartment unit ? Both apartments have the same owner. What is the cost of transfer if no S&P is involved ? This post has been edited by jalsrix: Feb 8 2012, 03:49 PM |
|
|
Feb 8 2012, 03:49 PM
|
|
Senior Member
1,927 posts Joined: Sep 2009
|
Added on February 8, 2012, 3:48 pm QUOTE(Mlchoo @ Feb 8 2012, 10:25 AM) I need advice from all the sifus here. You can only forfeit the 2 months deposit. My tenant wishes to break lease. Its a 2 yrs lease and they have occupied for about 10 months. Can I know what I can claim from them besides forfeiting the 2 months deposit. Must I return the utilities deposit? Must they give 1 months notice before termination? Can I claim back the commission paid to the agent (pro rated)? Any other advice is most appreciated. Thanks. You must return the utilities deposit. The agent will not pay you back anything because it is your tenancy agreement between you and tenant. |
|
|
Feb 8 2012, 05:20 PM
|
|
Elite
2,795 posts Joined: Aug 2010 From: District 9
|
Dear all,
Sorry for the delay in replying to your queries. Been busy. Will answer all queries tomorrow morning. Cheers! |
|
Topic ClosedOptions
|
| Change to: |  0.0240sec
 0.85
 6 queries
 GZIP Disabled
Time is now: 17th December 2025 - 09:02 PM |
Quote