When Landlord Fails To Make Repairs?

As a tenant in Malaysia, you have certain rights and protections when it comes to the condition of your rental property.

One of the most common issues tenants face is when the landlord fails to make necessary repairs in a timely manner. This can be a frustrating and stressful situation, but it's important to know your rights and the steps you can take to address the problem.

In this blog post, we'll explore what to do when your landlord fails to make repairs in your rented home in Malaysia.

Landlord's Duty to Maintain the Property

In Malaysia, landlords have a legal obligation to maintain the rental property in a livable condition.

This is outlined in the Residential Tenancies Act 1999, which states that the landlord must ensure the property is fit for human habitation and keep it in good repair.

Specifically, the landlord is responsible for:

Structural Integrity: Maintaining the structural integrity of the building, including the roof, walls, floors, and foundations.
Electrical and Plumbing Systems: Ensuring the electrical wiring, plumbing, and other essential services are in working order.
Appliances and Fixtures: Repairing or replacing any appliances or fixtures provided as part of the rental agreement, such as the stove, water heater, or built-in cabinets.
Common Areas: Maintaining the cleanliness and safety of any common areas, such as shared hallways, stairs, or gardens.

If any of these essential elements of the property fall into disrepair, the landlord is obligated to address the issue in a timely manner.

Failure to do so can be considered a breach of the tenancy agreement.

Requesting Repairs from the Landlord

When you notice an issue that requires repair, the first step is to notify your landlord in writing.

This can be done through a formal letter, email, or even a text message – the key is to have a paper trail documenting your request.

In your repair request, be sure to:

Clearly Describe the Problem: Provide a detailed description of the issue, including the location, severity, and any potential safety concerns.
Request a Timeline for Repairs: Politely ask the landlord to complete the necessary repairs within a reasonable timeframe, such as 14 or 30 days.
Keep a Copy of the Request: Save a copy of your written request for your own records.

It's also a good idea to follow up with the landlord if you don't receive a response within a week or two.

This shows that you're taking the issue seriously and helps establish a timeline for the repairs.

What if the Landlord Refuses to Make Repairs?

If the landlord fails to address the repair request within the agreed-upon timeframe, or if they simply refuse to make the necessary fixes, you have several options to consider:

1. Send a Formal Demand Letter

The next step is to send a formal demand letter to the landlord.

This letter should clearly state the following:

The specific repairs that are needed
The timeline you've given the landlord to complete the repairs
Your intention to withhold rent or take other legal action if the repairs are not made

Be sure to keep a copy of this letter for your records, and consider sending it via registered mail to ensure the landlord receives it.

2. Withhold Rent (with Caution)

In some cases, you may be able to legally withhold a portion of the rent until the landlord makes the necessary repairs.

However, this should be done with extreme caution, as it can potentially lead to eviction if not handled properly. Before withholding rent, make sure you understand the specific laws and procedures in your area.

In Malaysia, the Residential Tenancies Act 1999 outlines the conditions under which a tenant can legally withhold rent, such as if the property is deemed unfit for human habitation.

If you do decide to withhold rent, be sure to:

Clearly communicate your intention to the landlord in writing
Specify the amount of rent you plan to withhold and why
Ensure you're withholding only the portion of rent that corresponds to the unrepaired issues

3. File a Complaint with the Authorities

If the landlord remains unresponsive, you can file a formal complaint with the relevant authorities.

In Malaysia, this would typically be the local municipal council or the Housing and Local Government Ministry.

When filing a complaint, be prepared to provide:

Copies of your written repair requests and demand letters
Documentation of any communication with the landlord
Photographs or videos that clearly show the unrepaired issues

The authorities can then intervene and potentially take legal action against the landlord to compel them to make the necessary repairs.

4. Seek Legal Assistance

In some cases, you may need to seek legal assistance to resolve the issue.

This could involve consulting with a tenants' rights organization or hiring a lawyer to represent you in court. An attorney can help you understand your rights, review the terms of your tenancy agreement, and determine the best course of action.

They can also assist in negotiating with the landlord or representing you in any legal proceedings.

Keep in mind that seeking legal assistance may come with additional costs, so it's important to weigh the potential benefits against the financial implications.

Preventive Measures for Tenants

To avoid the hassle of dealing with unresponsive landlords, it's important for tenants to take proactive steps to protect themselves.

Here are some tips:

Thoroughly Review the Tenancy Agreement: Before signing a lease, carefully review the agreement to understand the landlord's repair and maintenance obligations.
Document Everything: Keep detailed records of any repair requests, communication with the landlord, and the condition of the property.
Conduct a Move-In Inspection: Thoroughly inspect the property and document its condition before moving in. This will help you identify any pre-existing issues.
Maintain the Property: As a tenant, you have a responsibility to take care of the property and report any issues to the landlord in a timely manner.
Know Your Rights: Familiarize yourself with the Residential Tenancies Act 1999 and other relevant laws to understand your rights and the landlord's obligations.

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Conclusion

When a landlord fails to make necessary repairs, it can be a frustrating and stressful experience for tenants in Malaysia.

However, by understanding your rights and the proper procedures, you can take effective action to address the issue and ensure your rental property is kept in a livable condition.

By taking a proactive and informed approach, you can protect your rights as a tenant and ensure your living environment is safe and well-maintained.

If you're facing a landlord who is failing to make repairs, don't hesitate to take action – your home and your well-being are worth it.

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About the Author

Danny H

Seasoned sales executive and real estate agent specializing in both condominiums and landed properties.