Is Tenant Responsible for Repairs in Malaysia?

As a tenant in Malaysia, it's important to understand your rights and responsibilities when it comes to property maintenance and repairs.

The question of who is responsible for making repairs - the tenant or the landlord - can often be a source of confusion and conflict.

In this blog post, we'll dive into the legal framework surrounding tenant responsibilities for repairs in Malaysia and provide guidance on navigating this issue effectively.

Understanding Tenancy Agreements in Malaysia

The relationship between a landlord and tenant in Malaysia is primarily governed by the Landlord and Tenant Act 1951.

This act outlines the rights and obligations of both parties, including the responsibilities for maintaining and repairing the rented property. Typically, the specific terms and conditions related to repairs are outlined in the tenancy agreement signed between the landlord and tenant.

It's crucial for both parties to carefully review and understand the provisions within this agreement, as they will determine the scope of the tenant's repair obligations.

Tenant Responsibilities for Repairs in Malaysia

According to the Landlord and Tenant Act 1951, the general principle is that the tenant is responsible for carrying out and paying for "fair wear and tear" repairs to the rented property.

This includes:

Routine Maintenance: The tenant is expected to maintain the property in a clean and habitable condition, performing tasks such as regular cleaning, replacing light bulbs, and unblocking drains.
Minor Repairs: The tenant is responsible for making minor repairs, such as fixing leaky taps, repairing damaged doors or windows, and addressing any damages caused by the tenant's own negligence or misuse of the property.
Damage Caused by the Tenant: If the property is damaged due to the tenant's actions, negligence, or the actions of their guests, the tenant is responsible for covering the cost of the necessary repairs.

It's important to note that the specific responsibilities of the tenant may vary depending on the terms of the tenancy agreement.

Some landlords may choose to take on additional repair obligations or specify certain responsibilities in the contract.

Landlord Responsibilities for Repairs in Malaysia

While the tenant is responsible for fair wear and tear and minor repairs, the landlord is generally responsible for:

Structural Repairs: The landlord must ensure the structural integrity of the property, including the roof, walls, and foundations.
Major Repairs: The landlord is responsible for carrying out and paying for major repairs, such as fixing damaged plumbing, electrical systems, or appliances provided as part of the rental.
Compliance with Building Regulations: The landlord must ensure the property complies with all relevant building codes and safety regulations.

If the landlord fails to fulfill their repair obligations, the tenant may have the right to withhold rent or take legal action to compel the landlord to carry out the necessary repairs.

Communicating Repair Requests Effectively

To ensure a smooth process and avoid disputes, it's crucial for tenants to communicate repair requests to their landlords in a clear and timely manner.

Here are some tips for effectively handling repair requests:

Document the Issue: Take photographs or videos of the problem and keep a written record of the issue, including the date it was first noticed.
Notify the Landlord Promptly: Inform the landlord about the repair needed as soon as possible, either in writing (email or letter) or through a phone call.
Follow Up: If the landlord does not respond or take action within a reasonable timeframe, follow up with them politely but firmly to ensure the issue is addressed.
Obtain Approval: If the repair is the tenant's responsibility, it's best to obtain the landlord's approval before proceeding, especially for more significant or costly repairs.
Keep Receipts: If the tenant is required to carry out a repair, be sure to keep all receipts and invoices as evidence of the work done and the expenses incurred.

Disputes and Conflict Resolution

In the event of a disagreement between the landlord and tenant regarding repair responsibilities, there are several avenues for resolution:

Negotiation: The parties should first attempt to resolve the issue through open communication and negotiation, trying to find a mutually acceptable solution.
Mediation: If the landlord and tenant cannot reach an agreement, they may consider seeking the help of a neutral third-party mediator to facilitate a resolution.
Legal Action: As a last resort, the aggrieved party may need to pursue legal action, such as filing a complaint with the Tribunal for Homebuyer Claims or the Tribunal for Consumer Claims, depending on the nature of the dispute.

It's important for both landlords and tenants to be aware of their rights and responsibilities under the law to avoid conflicts and ensure a harmonious rental experience.

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Conclusion

In summary, the tenant's responsibility for repairs in Malaysia is generally limited to fair wear and tear, minor repairs, and damages caused by the tenant's own actions or negligence.

The landlord is typically responsible for structural repairs and major maintenance issues.

By understanding the legal framework, communicating effectively, and following the proper procedures, both landlords and tenants can work together to maintain the rented property and prevent costly disputes.

Remember, a clear and well-defined tenancy agreement is the foundation for a successful landlord-tenant relationship in Malaysia.

If you have any questions or need further guidance on tenant repair responsibilities, it's always advisable to consult with a legal professional or a reputable property management company.

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About the Author

Danny H

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