Lets just say that I'm in the business of suing and being sued.

In general, Landlords usually have a strong case against a tenant, PROVIDED that the terms of the tenancy agreement are clear, precise and free from ambiguity.

the Landlord only needs to prove that there is a breach of the terms under the tenancy agreement to be entitled to any remedy/compensation/damages under the Tenancy Agreement.

Landlord usually wins in such disputes, unless the landlord himself has not adhered to/complied with the provisions under the tenancy agreements.

Would you proceed to sue if the tenant owes 2 to 3 months after minus tbe security deposits ?

This post has been edited by mini orchard: Feb 17 2022, 01:45 PM

You need to consider a few factors:
1. Is the tenant still refusing to shift out?
2. the possibility of recovery of the outstanding tnb bills even if you win the case and obtain a Judgement in your favour.
3. If you win the case, are Execution proceedings feasible? (Seizure and Sale, Garnishee, Judgement Debtor Summons, Committal, Bankruptcy)
4. What is your lawyer charging you? Does it exceed the outstanding utility bills?

This was discussed before in this forum.

Remember those Bitcoin mining cases, in the end the owner were still liable for it.

only if your outstanding more than your deposit. I saw a few more than 3 months and yet still have electricity

you hv collected utilities deposit right?
That should enough to cover. TNB deposit usually RM300-RM500++

anyway, a good will, ask to to pay and said you receive notice to cut power.
Usually when deposit drained, a notice will serve. if is not drained, would takes 3-4 mths for tnb to react

these are just typical theories. unless the amount is 40-50k then only worth the time/money to sue them in court. no one will sue just because did not pay utilities for a few months. If it's bitcoin mining 70k, then that's another story already.

Why should the landlord be the one to prompt the tenants.

Isn't it tenant responsibility to do the necessary without being ask

Like i mentioned.

Would the cost of legal proceedings for the recovery exceed the value of the total unpaid bills?

If yes, then it is not worth it, all things considered.

You should add tenant as separate billing with tnb

The important criteria of all is whether the defaulted tenant has the ability to pay after judgement.

If bankruptcy is the ultimate end, then proceed at whatever cost.

Why did u wait till RM400 only take action? If second month didn't pay u should already took action. If future u csn try those insurance company like speedhome, instahome, blue duck, etc..

This post has been edited by annoymous1234: Feb 17 2022, 03:29 PM

There are some folks would rather be bankrupt than pay their debt.

Another issue is that, would the minimum debt threshold for bankruptcy be met?

Agreed.

That why to sue without getting the money is like paying good money to chase bad.

Unless one know tenants profile, one has to consider seriously whether is worth the journey.

No point wining in paper judgement.

Nola, the judge can let your tenant to choose to pay a lump sum or by installment one. If after that he no pay you, then you apply send him to prison for up to 6 weeks. You see he faster sells everything to pay you or not.

Just FYI, potong electric is illegal

The judge decides on what is pleaded in the Landlord's claim, which generally would be the full lump sum payment. It is not a choice on the part of the Tenant.

Debt incurred by the Landlord is immediately payable upon service of judgement on the Tenant.

Payment in installments would only be relevant if parties enter a consent judgement/execute a settlement agreement agreeing to a installment payment manner, where the quantum and date would be spelt out clearly.

Read back your previous situation first la, you said they were not willing to pay rather bankrupt.. When they don't want to pay, the judge has the discretion to allow for installment. So minimum debt threshold for bankruptcy be met or not is not relevant.

This post has been edited by Accord2018: Feb 17 2022, 04:04 PM

tough luck mate.

my ex-tenant, no pay several months still can use electricity and no late charges.
me in central kl? late a bit dah ada extra fee.