PETALING JAYA: The proposed Residential Tenancy Act (RTA) to regulate the tenancy of residential properties will be incomplete without a Community Dispute Resolution Act, say lawyers.
This is because at times, the problem can be due to tenants being unruly or neighbourly disputes.
The RTA was first announced by the Housing and Local Government Ministry in 2018 to handle tenancy agreements, and the engagements with stakeholders are said to have been completed.
Minister Nga Kor Ming has stated that the Bill would be finalised by the first quarter of this year.
National House Buyers Association secretary-general Datuk Chang Kim Loong urged the government to enact a Community Dispute Resolutions Act and merge it with the RTA to protect landlords and tenants from unfair terms and conditions.
“The government could establish a quasi-court in the form of a tribunal dispute resolution platform. There are plenty of guides to help find the perfect dream home, but often one factor that is overlooked is finding out who lives next door.
“Legally speaking, the disturbance caused by your neighbour is not always classified as a nuisance under property law, he said.
He added that diplomatic solutions such as conversations, complaints to local authorities or police reports should be attempted first, with legal action being the last resort.
Citing Singapore’s Community Dispute Resolution Act 2015, he explained that the law applies to residential properties and defines a neighbour as someone living within a 100m radius.
“To establish a valid claim of nuisance or interference, a complainant must prove that the actions or omissions of their neighbour have unreasonably interfered with their enjoyment or use of their place of residence,” he said.
Chang also stressed the need for a dedicated tribunal to handle such disputes efficiently.
“This tribunal would serve as an accessible and cost-effective alternative to conventional courts,” he said, adding that it should mandate mediation, have a monetary compensation cap, and establish clear guidelines.
Housing law expert Wong Hua Siong from the Multimedia University Melaka said the National Unity Ministry is considering establishing an accreditation body for community mediators.
“So far, we only apply community mediation methods as there is no actual written law in resolving community disputes when it comes to neighbours,” he said.
Wong noted that in Sarawak and Sabah, native courts deal with such neighbourly disputes, whereas in Peninsular Malaysia’s villages, there are village committees to handle such matters.
However, in city areas of the peninsula, certain neighbourhoods lack such committees, leaving disputes unresolved.
With the increasing urbanisation of Malaysia, experts stress the need for formal legal mechanisms to resolve neighbour disputes efficiently, ensuring community peace and liveability for all residents.
On Feb 18, the National Unity Minister Datuk Aaron Ago Dagang said there are enough laws for when disputes arise among neighbours.
He said that if it has to do with racial elements, it can be investigated under the Penal Code, the Sedition Act, the Printing Presses and Publications Act, and the Communications and Multimedia Act.
