Tenants’ misdeeds not our fault, say property owners

PETALING JAYA: Making landlords fully liable for their tenants is an infringement of fundamental liberties under the Federal Constitution, say property owners’ groups.

While a tenancy agreement must be in place to state the tenancy purpose and rights to terminate it, they said the proposed Residential Tenancy Act (RTA) must address all issues affecting both landlords and tenants.

Strata Owners Association Malaysia chairman Datuk Theng Book said it was unfair to put full responsibility on the landlord alone.

“Firstly, how would the landlord know if the tenant is a criminal? It is against the freedom of contract and Constitution to deal with our own property,” he said in an interview recently.

Theng, who is a lawyer, said landlords must have a tenancy agreement to spell out the purposes of the tenancy and rights to terminate it upon breaches, such as when tenants conduct illegal activities on the property.

“Or landlords can lodge a police report. The police must act,” he said.

When asked if a tenancy agreement was enough to safeguard landlords and tenants, he said it was as much as landlords can do.

“What else can landlords do? The police cannot pass their responsibility to landlords. It’s their job to go after criminals,” he said.

When asked further about the RTA, Theng said it should address the concerns of liberties being infringed while it is being drafted.

Senior lawyer Datuk Joy Appukuttan agreed, saying that the fundamental liberties under Article 5(1) of the Constitution, as well as equality before the law and protection under Article 8(1), would be infringed if the landlords are made absolutely liable for their tenants.

“The proposed RTA should be fair and address all issues affecting both landlord and tenants,” he said.

Joy, who is also Strata Property Owners Association Selangor legal adviser, said landlords could only provide stricter contractual terms in the tenancy agreement, which still boils down to enforceability.

“If the landlord knowingly allows his premises to be used for illegal purposes, then perhaps there is a case. If not, we can’t blame the landlord alone,” he added.

However, he also said the RTA was a move in the right direction.

“Many countries have such laws. However, the RTA must also provide a tribunal for adjudication of disputes between landlord and tenant.

“It is similar to the set-up of the Housing Tribunal and Strata Management Tribunal,” he said.

Joy said the tribunal could provide a swift form of remedy for landlord and tenant disputes.

“Such tribunals will be able to act swiftly and efficiently. If the landlord and tenant can represent themselves at these tribunals, then the cost would be lower.

“The current process of going to court is tedious, time consuming and costly,” he added.