Hidden activities: Alleged scammers being detained during a police raid on a call centre. Strata associations have criticised a police announcement that property owners will be held liable for crimes committed on rented premises.
PETALING JAYA: Last week’s announcement that the police could hold property owners, joint management bodies (JMBs), and security companies liable for crimes committed on rented premises has sparked significant concern among strata associations.
Strata Owners Association Malaysia president Datuk Theng Book warned that such a move could have unintended consequences for property management.
“I don’t know which section of the Penal Code they rely on,” he said, questioning the legal foundation of the move.
Commercial Crime Investigation Department (CCID) director Comm Datuk Seri Ramli Mohamed Yoosuf recently said investigations into scam call centres will no longer be focused solely on criminals but will also look into the owners, JMBs and security companies, with the possibility of all three parties being charged under Section 120(B) of the Penal Code for criminal conspiracy.
Theng, who is a lawyer, noted that such a move could have a deterrent effect on JMB committee members.
“No one will want to be on the committee, as this is voluntary work,” he said, adding that JMBs can’t afford security when they cannot function or when owners do not pay.
He also believes the use of Section 120(B) of the Penal Code for criminal conspiracy does not hold water.
“Conspiracy means the JMB is involved in the crime. They will have to prove it.”
Theng emphasised that criminal intent is personal and that implicating JMBs without evidence of negligence seems excessive, adding that it could unjustly implicate innocent parties.
Senior lawyer Datuk Joy Wilson Appukuttan concurred, saying the approach targets the wrong parties and could lead to unjust legal consequences.
“The police are shooting from the wrong angle. Why victimise landlords, JMBs or security companies?” he said.
He noted that liability should only apply if illegal activities occur with their knowledge.
“It should not be the norm but an exception. If not, it would be unjust to drag them to court to face criminal charges,” he said.
When asked, Joy said most tenancy agreements include clauses requiring tenants to comply with laws and obtain necessary approvals.
Signs of scams, he said, such as increased utility usage, should trigger authorities to investigate.
Going by what the police said, it would “entail casting the net wider against these authorities as well if they fail to report the sudden increase in utilities supply and usage”, he said.
He also highlighted that once tenants take possession, they have exclusive control, making it difficult for landlords, JMBs or security to monitor activities.
“That is the law. How are they expected to check on the tenant’s business activities?
“There is no self-help remedy for the landlord, JMBs and security against the tenant save for going to court to remove them,” he said.
With the Housing and Local Government Ministry looking into enacting the Residential Tenancy Act, Joy said the ministry should consider including commercial properties in the proposed Act.
“The ministry should provide for rent tribunals as in the UK for quick, swift, cheap and efficient processes to assist all parties in a tenancy scenario to seek immediate legal redress.
“With such laws in place, together with Malaysian Communications and Multimedia Commission laws, the authorities will have better means to apprehend the real perpetrators of crimes.
“In the chain of eradicating such crime, charging landlords, JMBs or security companies for criminal conspiracy should be on the back burner,” he said.
