Compiled by: Tharmini Kenas tharmini@thestar.com.my

Ask Me Anything is a platform for readers to ask about all things property. If you have any inquiries, key in your questions at bit.ly/AskMeAnythingProperty.

Messrs Eunice Tan & Partners founder Eunice Tan answers readers’ queries regarding issues concerning landlords and tenants.

Q1: I am a tenant, and the new highway construction noise nearby my unit has been unbearable. The construction works are even carried out late at night. According to the landlord, he could only complain to the building management, and it is up to the management to complain to the authorities. If this situation continues, can I request for early termination of the tenancy agreement?

A1: You may need to check whether your tenancy is for a fixed term period. If the tenancy is a fixed term period and you elect to terminate the agreement, you are liable for all the rentals of the unexpired term. If the tenancy agreement is not for a fixed term, you shall give the notice as stated in the tenancy agreement to terminate the agreement.

Q2: Is it possible to lodge a complaint if the quality of the building is not up to par with the price I paid?

A2: Based on the sale and purchase agreement under the Housing Development (Control and Licensing) Act 1966, the building description is attached in the fourth schedule of the agreement. The purchase price is also clearly stated in the sale and purchase agreement. If there is any defect, you can claim under the defect liability period. Therefore, even if you want to lodge a complaint, it would be tricky to prove that “the quality of the building is not up to par with the price you paid” and this is a crucial issue to be taken into consideration.

Disclaimer:

All data and information provided are for informational purposes only. All information is provided on an as-is basis. All users are strongly encouraged to seek professional advice before relying on any data or information provided.

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