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 Lawyer's Corner v2, One-stop centre for any legal queries

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Maylam
post Nov 8 2012, 01:49 AM

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Hi , I have a brand new house rented to a tenant since August this year. After the tenant move in, the tenant reported the house many defects, leaking, cracking, air cond pipe etc...... So I have informed the developer SSF to fix the defects, after fixed the old defects a new defects arise again, never end until now. The tenant very frustrated ask for reduction of rental for compensation. Can I claim this from developer?

After report the leaking defects, developer never take action in 1 month. Only do inspection , but no action taken. No matter how I complain , their staffs just playing the merry-go-round, wasting my time to repeat and repeat again. What can I do, instead of waiting ? Can I repair the defects myself and claim from the developer?
Maylam
post Nov 9 2012, 06:08 PM

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QUOTE(dariofoo @ Nov 9 2012, 10:49 AM)
You cannot claim for reduction of rental from the developer, as that is your arrangement with the tenant.

I would suggest that you put your complaint in writing and cc it to the Ministry, Biro Pengaduan Awam, HBA, Commissioner of Buildings, and any other party to highlight this matter. If other owners are affected, gang up and do something together. Can even appoint a lawyer to send in a letter of demand.

You can do it on your own and then claim from the funds held by the dev lawyer as stakeholder during the Defect Liability Period but there is a procedure to do so which is not easy.
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To make it clear, the tenant move in in August
August- Tenant complaint one of the room air cond not functioning due to the air cond pipe leaking gas. Kitchen water pipe leaking. Developer had fixed it within 1-2 weeks.

September - one of the air-cond of the other room break down. The we have replaced the air cond within a week.

October - the bathroom floor leaking , water heater not functioning due to the MCB short. This problem still waiting for the developer to rectified. Unfortunately, there is a water leaking from the staircase too but this defects already rectified by the developer.

So I sincerely understand how's the tenant suffering. May I know whether the tenant have rights to ask for rent reduction. Or change another way to ask the question, do I bear the responsible to reduce rental for the tenant?

I don't compromise is because I don't want the tenant taking advantage next times, to claim again against minor defects. So could I just stay firm ?


Maylam
post Dec 12 2012, 03:35 PM

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I rent a house to a Korean tenant , they move in in August 2012. After move in, the water pipe was leaking, within a week , the developer had fixed it. Today, the tenant show me a water bill, the meter reading as at 20jul was 27m3, and as at 22No was 486m3. So after work out the Nov water bill charges is RM698.

The tenant suppose to pay RM4k for December rental, but he only pay RM3300 for rental, cos he deduct RM 700 for water bill. He claimed, the water bill high is due to the previous pipe leaking.

May I know, what can I do, and my rights at this kind of issue.

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