How to file Tribunal for home buyer claims?

September 18, 2016 137 comments 65900 Legal , ,

Recently I learnt how to file tribunal claims for my newly hand over unit from developer. The unit is already over 36 months. On top of that, the common facilities also not available during hand over. As such, as a home buyer, I feel that this is not appropriate and want to look for the solution with developer.

After several researches, I think filing to the Tribunal claims will be more appropriate after failing negotiation with developer.

Since my unit is at Selangor state, and decide to file at the Putrajaya. In fact you can file in any where as long as there is Tribunal office.

Tribunal Perumahan Dan Pengurusan Strata

Tribunal For Housing adn Strata Management

Kementerian Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan

Aras 3 & 4

No 51, Persiaran Perdana

Presint 4,

62100 Putrajaya

 

Head Office

Tribunal Perumahan Dan Pengurusan Starata (TPPS)

Kementerian Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan.

Aras 3, No. 51, Presint 4, Persiaran Perdana, 62100 Putrajaya.

 

Below are the other offices located throughout Malaysia:

North Region

Aras 7, Zon B, Wisma Persekutuan,

Jalan Bertam, 13200 Kepala Batas, Seberang Prai Utara,

Pulau Pinang.

 

East Region

Tingkat 5 & 6, Bangunan Darul Takaful (MAIDAM),

Jalan Sultan Ismail, 20200 Kuala Terengganu,\

Terengganu.

 

South Region

Tingkat 20, Menara Ansar,

No 65, Jalan Trus, 80000 Johor Bharu,

Johor Darul Takzim

 

What are the documents need to bring?

  1. Sales and Purchased Agreement – 1 copy
  2. Vacant possession Letter – 1 copy
  3. Attach all the letters & other docs to support your case which you deem necessary
  4. Borang 1 – 4 copies

 

Where to get Borang 1 for Tribunal Home Claims?

You may Download the Borang 1 at below link:

You will need to print out 4 copies and duly complete it.

Click here to find out the Guide to fill in the form.

If your SPA is joint name, in the form, need to have 2 names and signed by both parties before submit it. Otherwise the form will not be able to submit over the counter and will be rejected. Imagine I am travelling from Penang and not able to submit it due to lack of one signature. All the effort will be wasted.

 

What is the cost of each filing?

You need to bring RM10 with you when submitting all documents over the counters. The officer will straight away give you the hearing date and time. Normally is 30 days from the date of filing.

Why do we need to fill up 4 copies of Borang 1?

When submitting the 4 copies of the Borang 1, the officer will keep 1 copy for the processing.

The officer will return you another 3 copies to address the following:

  • Send to developer
  • Send to mortgage bank
  • For owner keeping

That is the reason why there is a need to have 4 copies of Borang 1. Pls take note that For developer and Bank copy, need to send to them within 14 days from the date of submission.

 

img_20160918_212341

After the filing, I straight drive to Developer office and submit to them. At the same time, acknowledge on my copy as well. Then I also send another copy of Borang 1 to the bank. The bank officer also required to acknowledge on my copy as well.

For owner copy, need to present during the hearing.

img_20160918_212333

 

How to check the Tribunal Home claims hearing schedule online?

Please Click Here to check the hearing schedule.

You may request a copy of How to calculate the LAD Compensation by fill up below forms.

Fill Up and Get A Copy to calculate the LAD Compensation Here!

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About Chat Property Malaysia

137 comments

  1. Lee
    January 12, 2017 at 10:40 am - Reply

    Thanks for your sharing. Have you attend the hearing? May i know how is the process of the hearing? What should i say or answer during the hearing

      • Regret
        January 28, 2022 at 12:37 pm - Reply

        How do I submit complain about our property management for unfair treatment? We have to follow all house rules but they themselves didn’t follow the policy. They treated the residents double standards.

  3. Jessie
    March 15, 2017 at 4:38 pm - Reply

    What if property is under my name but i am not able to attend on the date of hearing, can i ask my husband to defend on behalf of me?

    • Chat Property Malaysia
      Author
      March 19, 2017 at 7:16 pm - Reply

      Yes,but you must authorize your husband and show both of your relationship to the judge on the hearing day

      • Tan Pei Ling
        June 25, 2017 at 5:43 pm - Reply

        Thanks for your informative write-up. Can I represent my brother as well? Just wonder how to show relationship of siblings. And on the hearing day just show authorization letter will do?

        Another matter is do you know whether foreigner who bought local property can also go for Tribunal claim?

        Many thanks

        • Chat Property Malaysia
          Author
          June 27, 2017 at 5:14 pm - Reply

          Hi Pei Ling:

          I believed you can represent your brother to attend the tribunal. Your brother need to write an authorization letter.
          Do have your brother birth cert and your birth cert to bring along which can proof that both of you are brother and sister.

          As for your 2nd question if foreigner can go for Tribunal, you make ask the Tribunal officer for clarification.

  4. Eddy
    March 18, 2017 at 11:34 pm - Reply

    I stay in the top floor of a low cost apartment, monthly maintenance fees is RM50. My house leaking and management didn’t have any action. What can I do?

  6. sherlene chen
    April 28, 2017 at 3:44 pm - Reply

    Thanks for sharing, very resourceful for all the home buyer to know our rights.
    If the defects we listed earlier when we first get our new house, but defects was not repair properly and now the same problem appear again after the warranty period over, can we file in tribunal office?

  7. Amy Lee
    April 29, 2017 at 10:21 am - Reply

    Hi Admin,

    Can I file if is abandoned project? It is hotel retail lot and stop work after 55%.

    Would appreciate your advice.

    Thank you.

    • Chat Property Malaysia
      Author
      May 2, 2017 at 6:38 am - Reply

      Not necessary 2 persons need to attend. Either 1 will do. But the form submission need to be sign by both names.

  9. Alex Sow
    May 3, 2017 at 7:51 pm - Reply

    Hello, I received my condo unit key in Dec 2016 (after 36 months S&P was signed) but the developer keep delaying (given numerous excuses) to pay me compensation until now. Will the tribunal be able to assist me? Thanks.

    • Chat Property Malaysia
      Author
      May 3, 2017 at 10:46 pm - Reply

      Tribunal should be able to help you. just dropby and discuss with tribunal officer

  10. Yeoh
    May 15, 2017 at 3:43 pm - Reply

    I heard that before filing any claim to Tribunal, we have to attend to Commissioner of Building (COB) first. We actually a group of owners intend to walk in Tribunal to file the claim for the delay of Hand Over of VP.

  11. nancy
    May 23, 2017 at 6:45 pm - Reply

    Thanks for your sharing. I have one question. How do serve to the mortgage bank? any branch ? which department?

    • Chat Property Malaysia
      Author
      May 24, 2017 at 8:34 am - Reply

      Hi Nancy:

      I do not quite understand your question.
      If you mean how to notified your mortgage bank, then just go walk into the branch you have taken the loan, submit to them.

  12. Andrew
    June 20, 2017 at 3:43 pm - Reply

    Hi admin,

    I have a dilemma here. My developer did not send any VP letter to me until I chase them then only they email a scanned copy to me and it is backdated to 2nd June 2017 and I am required to make payment for 4 months advance for maintenance fee by 16th June 2017 else it deems i have accepted the delivery with defects but I only received the email copy 9PM on 16th June!

    Moreover all the facilities haven’t ready yet and some building doesn’t have electricity at all ! I wondered how they allows us to VP without power??

    Another issue is that, they did pay us the LAD upon key collection as stated in SPA. When we asked them, the said wait for their call.

    Please advice.

    Thanks.

    • Chat Property Malaysia
      Author
      June 27, 2017 at 5:15 pm - Reply

      I believed the process is not right at all. Do dropby the Tribunal office and the officer will guide you.

  13. Vicky
    July 12, 2017 at 12:04 am - Reply

    Hi There…My new house completed by 90% and now pending for the landscape works…I went to the site and noticed that the signage of the Taman is up and not even closer to the brochure which has been distributed upon purchased…When contacted the Developer…been told that the signage is build according to the plan approved by authority…then why the signage of the Taman which stated in the brochure being displayed if there is no approval obtained…As a buyer…we depends on the showroom display n brochure before making the decision of purchasing the property..now being told other wise…Seeking for your professional advise on how to go about this signage matter… Thanks

    • Chat Property Malaysia
      Author
      July 16, 2017 at 7:59 am - Reply

      Hi Vicky:

      I am not sure how important and crucial about this signage to you. MOst of the time, the showroom is to “dressed up” to attract buyers.
      This applies to the brochure as well. You may seek advice from Tribunal or your lawyer regarding this matter.

  14. Francis
    July 14, 2017 at 1:19 am - Reply

    Hi admin,
    My wife and I purchased a condo jointly. The developer delivered the property well after the 36 months period as stated in the agreement but ignored our letters of claim for LAD. We intend to file a claim at the Tribunal. But my wife is not able to attend the hearing as she is not in Malaysia at the time of hearing. Can she authorise me to represent her at the hearing ?

    • Chat Property Malaysia
      Author
      July 16, 2017 at 7:57 am - Reply

      Yes,definitely She can authorize you to attend it.
      If your name is in the SPA, no need to be authorize as you are already a legal purchaser

  15. Winnie Chong
    July 31, 2017 at 11:08 pm - Reply

    I bought a condo under DIBS scheme. The DIBS agreement is separate agreement from SPA. However, recently developer delivered VP and extension of CCC for 45 months. Am I eligible for LAD? Should I write to developer for LAD or file to tribunal?Do I claim LAD late delivery or with LAD for common area?

    • Chat Property Malaysia
      Author
      August 14, 2017 at 10:25 pm - Reply

      Hi Winnie:

      For the developer that has extension, do check with Tribunal officer if you are entitle for claims or not.
      When claiming for the LAD for unit, you should include calculations for LAD on common facilities as well.

  16. Catherine
    August 10, 2017 at 4:24 pm - Reply

    hi there,
    Can i know whether there is a maximum amount for Tribunal to ask developer to compensate the LAD? as if i calculate the LAD accordingly, the amount is more than 50k because the developer has been late for deliver VP for almost a year.

    Thanks.

    • Chat Property Malaysia
      Author
      August 14, 2017 at 10:22 pm - Reply

      The maximum you can claims from Tribunal is RM50K. If you want to claims more than RM50K, you need to go to court.

      • Catherine
        August 17, 2017 at 10:05 am - Reply

        Thank you for your comment. but i believe if i go to court i might ended up get lesser as the legal fee is not cheap.

        Can i know if the developer just compensated me RM 15k, can i go tribunal claim for the balance?

        Thanks.

  17. Raja Samsul Kamar Raja Omar
    August 20, 2017 at 9:37 pm - Reply

    Hi…I buying a intermediate double storey house. Ccc issued on 09 June 2017 and developer claim final payment on 13/6/2017. They issued a VC in June 2017 but house not been hand over due to non completion.
    The vacant possession only been hand over on 18/8/2017. More than 20 defect detected and had been highlighted during the VC. One Bedroom having too low height of ceiling in order to cater the water tank. The height that we can easly touch the ceiling room. The developer did not comply with layout spelt in the S&P. Can I refer this issue to tribunal and seek for compesation. They stealing more that 1.5 feet from the room height.

    • Chat Property Malaysia
      Author
      August 28, 2017 at 7:48 am - Reply

      HI:

      You may file this under technical at Tribunal.Seek advice from the officer on duty. They will gladly to help you.

  18. Lo Liang Kheng
    August 25, 2017 at 2:08 am - Reply

    I am successful in my housing tribunal claim. Award has been given but now the developer is filing judicial review. Must we as purchasers appoint our own lawyer in this case. Thanks.

    • Chat Property Malaysia
      Author
      August 28, 2017 at 7:47 am - Reply

      Hi Lo:

      First of all, congratulations on your case.However, I do not have the judicial review experience. Hence cannot give much input for you

    • Lun EK
      April 18, 2018 at 10:42 am - Reply

      Hi Lo

      How’s the Hearing session like? Because I just filed mine at counter, my hearing will be next month.

      Just wanna know how is it will be like? So I can have a better preparation.

      • Chat Property Malaysia
        Author
        May 20, 2018 at 9:24 pm - Reply

        It is just like the court proceeding. just prepare well with all your documentation and fact.Good luck

  19. Andyroy
    September 5, 2017 at 2:11 pm - Reply

    Hi, my defect liability period is over(2 years) and now i’m on 4th year. Recently I encounter water pouring into ceiling during very heavy raining and highly suspect due to some design problem. Can I file to tribunal?

    • Chat Property Malaysia
      Author
      September 9, 2017 at 10:09 pm - Reply

      Hi Andyroy:

      I believed that you can file the defect accordingly.
      Do check with the Tribunal officer and they will explain in detail

  20. Jason
    September 7, 2017 at 12:59 pm - Reply

    i bought a condo and recently they started to release the vp letter to the owners, but what i found out is that so far there is 2 vp dates, one group gets one date and another a different date.

    Would like to know if this is legal or where can i go to find out.

  21. Kit
    October 23, 2017 at 4:25 pm - Reply

    Hi! Thank you for your sharing which is useful to us.

    My new house, still under warranty period which will expired on next year April. There is a few leaking defects has been re-incurred after a few times rectification. We had seek for 3rd party advise and has forwarded the quotation from 3rd party to developer to get the approval for us to proceed it. At the same time, we give the instruction to developer to stop the rectification of the particular defects, and ask the lawyer to hold the 5% stakeholders money.

    However, the developer has proceed the rectification without our consent and mutual agreement. Are we able to file tribunal and is the chance of win is high?

    • Chat Property Malaysia
      Author
      October 27, 2017 at 10:51 pm - Reply

      Hi Kit:

      Is the last rectification fix your leaking problem?
      IN this case, the developer did not really solve the root caused, just the patching job.
      You may dropby the Tribunal office and ask about their comment.
      I believe you are eligible for the damage claims.

  22. VK
    October 23, 2017 at 6:36 pm - Reply

    Hi, thanks for sharing!

    Me and my partner has possess the unit for 1 and half years, and our Defects Liability Period expired April 2018.

    Our house has leaking issues which recently had its’ 3rd recurrence (there are other spots recurred for 5th times, and is currently under monitor). We are not satisfy with developers’ construction work and request them to stop the rectification until further notice, and start negotiating with them. Before we reach a mutual agreement, they commence the work without my consent, enter my unit and hack the areas of defects.

    Will tribunal refer to this case as malicious damage on property?

    Please advice. Thanks!

    • Chat Property Malaysia
      Author
      October 27, 2017 at 10:52 pm - Reply

      Hi VK:

      You may dropby the Tribunal office and ask about their comment.
      I believe you are eligible for the damage claims.

  23. VK
    October 25, 2017 at 12:54 pm - Reply

    Hi, I bought a unit (double storey terrace) and got the key on April 2016. My Defect Liability Period expires on April 2018.

    Recently after I obtained the key for more than 1 and half year, I encounter third water leaking recurrence in my unit (apart from 4th – 5th recurrence leaking defects in other area).

    I haven’t be able to move in the unit until now. I am very disappointed with the workmanship of my developer and decided not to proceed with Developer’s proposed rectification because multiple chances given, and recurrence will come back in few months. Also, I am not the only owner encounter such issue in my district (water leaking).

    Will tribunal help on this?

  26. John
    December 22, 2017 at 11:45 am - Reply

    Hi,

    I owned a landed property and is over the warranty period for about 2 years now. Recently, we started to notice waterproofing issue from our bathrooms, resulted in water leaking to various parts of the house. (we have not done any reno on the bathrooms nor make any changes to the existing piping system)

    Is there any way we could still get the developer to attend to this issue ?

    • Chat Property Malaysia
      Author
      December 31, 2017 at 9:34 am - Reply

      Hi John:

      If you are referring to get the extended warranty from developer, i afraid not.
      But you can go to their office to discuss and get some understanding.

  27. Li Le
    January 18, 2018 at 8:40 pm - Reply

    I am a subsale house buyer from another owner, can I claim the developers due to Wall crack and all floor tiles popping up trcently after DLP Period ,this is Latent Defect and repeated defect issue .
    I had complained multiple times for years but developer refuse to rectify, but their first BUYER SPA have a 26.2 clause is to protect all subsale (mean second owner )
    May I file to tribunal to claim our right ?

    • Chat Property Malaysia
      Author
      June 2, 2018 at 10:50 am - Reply

      Hi Li Le, you may dropby to Tribunal office to seek their advice. I have no experience in this matter

  28. Melkeet
    January 19, 2018 at 12:02 am - Reply

    I bought a property which is still in the warranty period. I noticed recently that there is interfloor leakage in my master bedroom’s bathroom, staining the ceilings.

    I lodge a complain with the defect team which resolved the issue by PU injection rather than by improving the waterproofing from the top floor. Managing interfloor leakage with PU injections is a short term solution, which may see the developer through the warranty period. However this is going to be a long term problem for me for being sold a property with defective waterproofing from above. What can I do?

    Melkeet

  29. Ken
    January 26, 2018 at 11:15 am - Reply

    I have the same water leaking after the warranty period. I was advised that the developer didn’t use any water-proofing materials resulting the leaking now.
    I believe many houses have the same problem.
    Is there such thing as LATENT DEFECTS CLAIM ??
    Please advise.

  30. A. Wong
    January 26, 2018 at 11:25 am - Reply

    I have just shifted to Midfields2. The handover was July last year. Until now, they are still repairing the defects and new defects appear & reappear. Some repairs still not properly done & still defective.
    They handed over the property fast but full of defects to the extent that I could not shift in until today.
    They started to charge maintenance fees of over RM320 per month for a 1044sf unit. We are paying maintenance fees at our expense, still renting elsewhere & couldn’t rent out our unit.
    What kind of claims or compensation can we make ?? Can we stop paying the maintenance fees too ????

  31. Sohni
    January 27, 2018 at 12:01 am - Reply

    Dear Sir/ Madam,
    The developer I bought my condo delivered VP to purchasers in December 2017, but told us that facilities cannot be used till 1 February. Is this the norm of developer to stop purchaser from going to their unit at night with no lights and lift, and limits lift to 6pm and 1pm on Sunday?

  32. Sohni
    January 27, 2018 at 12:05 am - Reply

    The bathrooms tiles has lippage of over 1 mm, with uneven joints and developer is doing patching work like patching an old clothes. I asked for retiling, but developer refused me, can I claim compensation?

    • Chat Property Malaysia
      Author
      June 2, 2018 at 9:38 am - Reply

      Do discussed with Developer, if unavailbale, then file it to Tribunal under defect.

  33. Terry
    February 1, 2018 at 10:52 am - Reply

    Hi team,

    Good day to you,

    Would like to check, the LAD it is possible to claim from booking date instead of SPA stamping date?

  34. Selena
    March 6, 2018 at 6:45 am - Reply

    Hi, I am thinking of filing a claim against my developer for Liquidated Damages. Is it common for developer to ask for discount? Is there a claim limit for this Tirbunal?

  36. jason hew chong seng
    May 22, 2018 at 2:09 pm - Reply

    hi,

    thanks for the sharing. i have a question. what is vacant possession vacant?

    Regards,
    Jason Hew

    • Chat Property Malaysia
      Author
      June 2, 2018 at 9:33 am - Reply

      Hi Jason Hew:

      Vacant possession mean you have the right for the occupancy, in layman term, you can move into your property.

  37. tanisha
    May 29, 2018 at 3:55 pm - Reply

    Dear Author,

    I own an apartment unit at the top most floor. It is also right beside 3 elevators. The elevator engine or motor rooms are right above my unit. The lift shaft and my unit share one same wall. The distance is too near. There is lots of noise and vibration heard inside my unit when the elevators move up and down. Lots of clanking sound from brakes etc. I did file numerous complaints with the developer. It has been 2 years since the developer and the elevator company is dragging the issue. Many so called inspections were done visually. Last time, elevator company did one vibration and tested with one weightage only. One weight and one reading only. I went to Putrajaya but they said must see COB first.
    May I know the possibility of winning a case like this when the building design was approved by the COB itself at first? What is the deadline for filing a tribunal?
    Thank you very much.

    • Chat Property Malaysia
      Author
      June 2, 2018 at 9:35 am - Reply

      Yes, you can filed it at Trinunal, this will be under Technical issue. Tribunal will appoint their 3rd party inspector for inspection.The deadline for filing tribunal is 12 months from VP date.

    • Cheryl
      September 3, 2019 at 6:18 pm - Reply

      Hi,

      May i know what is the success rate in claiming the LAD through Tribunal?

      As am currently having issue of the vacant possession being delivered to me late.

      Best regards!

  38. Ms Hee
    June 10, 2018 at 2:57 pm - Reply

    Dear Sir,

    Tribunal at South Region, Tingkat 20, Menara Ansar, No. 65, Jalan Trus, 80000 Johor Bahru, Johor Darul Takzim have open on Sunday? If have open on Sunday, office hours is from what time until what time?

    Thank you.

  39. Edison
    July 5, 2018 at 6:21 pm - Reply

    Hi admin, I just got my vp letter and found out that they provided only 2 car parks instead of 2 as mentioned in snp,
    Can I file this case and what action tribunal will do in this case

    • Chat Property Malaysia
      Author
      July 7, 2018 at 10:58 am - Reply

      Hi Edison:

      I did not get your issue clear, SNP 2 carpark and given 2 car park. It is matching.
      Anything is not tally with the SNP, you can file to tribunal.

  41. John Dengah
    July 18, 2018 at 10:40 am - Reply

    Goodmorning, sorry to trouble but i just noticed i bought a strata property flat but there is no DMC in the s&p, so all this while we were paying maintenance, is this legal. What if people don’t pay their maintenance, how then.

    • Chat Property Malaysia
      Author
      July 18, 2018 at 10:04 pm - Reply

      Hi John:

      Do check with your committee for your questions as I do not have any experience or information. Any other can help John?

  42. Kasi
    July 25, 2018 at 3:09 am - Reply

    Hi there,
    I’m considering to engage the tribunal due to the developer dragging their feet in fixing the remaining defects in my unit. Do I have to notify the developer and the lawyer first?

    Thank you.

  43. Kasi
    July 25, 2018 at 3:12 am - Reply

    Hi there,
    I’m considering to engage the tribunal due to the developer dragging their feet in fixing the remaining defects in my unit. Do I have to notify the developer and the lawyer first?

    Thank you.

    • Chat Property Malaysia
      Author
      July 28, 2018 at 10:54 pm - Reply

      WHen you file to tribunal on the defect related, Tribunal will ask you to notify Developer officially.Do follow the procedure from Tribunal

  44. Lim
    July 29, 2018 at 5:01 pm - Reply

    Dear Sir

    my unit VP more than 2 years already and just recently got CCC but still in the condition unable to stay as no electricity and water, defects not fix yet, common area not ready like lift partially done, staircase not safe etc. I have no choice keep paying bank installment and unable to use the property.

    I will like to claim LAD through tribunal and found the maximum amount claimable is RM 50k and may I seek your advice whether i can proceed to claim thru tribunal more than RM 50k, if not, which channel i should proceed? Thanks.

    • Chat Property Malaysia
      Author
      July 29, 2018 at 10:49 pm - Reply

      Tribunal only able to grant max up till RM50K.
      If you want to claim more than RM50K,you need to file to court already which the process is very long and you need to engage a lawyer.
      YOu need to pay for the lawyer fees etc.
      As such, you need to make decision is it worth or not?

  45. Lim
    July 29, 2018 at 11:09 pm - Reply

    Is it possible file to court without hire lawyer? if yes, do you know the procedures or where can I refer the procedures file to court?
    Or can I try to claim thru tribunal more than RM50k and see how is their reply?

    Though got the CCC letter but the unit is not ready and don’t know how long need to wait until the unit really ready to stay.

    This linked article mentioned :
    “The jurisdiction of the Tribunal relating to the amount or value of subject matter claimed or in issue was recently increased from RM25,000 to RM50,000. Even then, if a claim exceeds RM50,000, the Tribunal may hear and determine the claim if the parties agree in writing to submit to the jurisdiction of the Tribunal. If no agreement in writing can be reached, the claimant may abandon so much of a claim that exceeds RM50,000 to bring the claim within the jurisdiction of the Tribunal.”
    http://www.malaysianbar.org.my/conveyancing_practice/law_realty_jurisdiction_of_tribunal_extended.html

    • Chat Property Malaysia
      Author
      August 17, 2018 at 12:56 pm - Reply

      Hi Kerin:

      I do not understand this.
      Signing SnP is the agreement of term and conditions between both party.

  47. Madam Wong
    August 9, 2018 at 2:54 pm - Reply

    1) LAD Issues – Our unit is under commercial title and the developer has send us VP. which has delay for 36 months. Yet the LAD send to us according to developer they have escape clause to exclude 600 over days and they only willing to compensate remaining 300 days LAD (which payment is only 50%) due to they have insufficient fund.

    2) Developer start charging us water utilities and issues us letter of demand for maintenance fees which we did not occupied the place (CCC yet to obtain) can the developer charge us

    Would like to seek for advice on above.

    Many thanks

  48. Lim
    August 25, 2018 at 9:19 am - Reply

    each supporting documents (S&P, VP letter, CCC letter etc) and the color photos need to make 4 sets ? to attach with each borang 1 (4x)

  49. Yew Kok Hoong
    September 12, 2018 at 11:07 am - Reply

    Hi,

    Few weeks ago I heard a FM property talk, where a lawyer shared that statements on the property sales brochure actually overrides what’s stated on the S & P that we signed. And there was one case that buyer actually managed to claimed back compensation from developer based on a sales brochure.

    My case is that the completion date on the sales brochure stated Expected Date of Completion July 2016 and I received VP on 23 Jan 2017.

    I wonder if I can file a tribunal based on this?

    Thank you so much.

  50. IVAN TAN
    October 23, 2018 at 10:21 am - Reply

    Hi, Normally when CCC the payment for Liquidated Damages ( LAD ) should pass to Buyer together with Key am I right ? May I know can I collect the key if L.A.D payment not yet pay to buyer ?

    I m not confident with this developer , if after CCC , developer don’t want pay the LAD to buyer , what action need to take? thanks

    Date of agreement on 28th FEB 2014. Stamping on 5 March 2014. 48mths ( 4 years ), Estimated CCC. on DEC 2018

  51. Ivan Tan
    October 23, 2018 at 10:40 am - Reply

    Hi, Normally when CCC the payment for Liquidated Damages ( LAD ) should pass to Buyer together with Key am I right ? I m not confident with this developer , if after CCC , developer don’t want pay the LAD to buyer , what action need to take? After CCC can I collect the key first without receive the L.A.D. ?

    Date of agreement on 28th FEB 2014. Stamping on 5 March 2014. 48mths ( 4 years ) Estimate CCC on around DEC 2018

    THANKS

  52. Ivan Tan
    October 24, 2018 at 10:58 pm - Reply

    Hi, Normally when CCC the payment for L.A.D should pay to buyer when collect key am I right? May I know can I collect key first if developer not yet pay us the L.A.D payment ? Or better claim the payment first , thanks

  53. YC
    January 8, 2019 at 2:13 pm - Reply

    Hi, I have filled my case last week with tribunal. A copy has been sent to developer and acknowledged by them. Today I sent a copy to Bank and request them to acknowledge but they refused to do so the reason gave was they never experience about this, why they need to acknowledge, they requested me to show my bank statement to tribunal as proof I am taking load from them.
    Please help, How can I get the banker to acknowledge on my copy.
    Thanks

    • Chat Property Malaysia
      Author
      February 23, 2019 at 9:35 pm - Reply

      Hi YC:

      It is very normal as not all branch have experience. You have option that go to another branch. The last option is to send in with Register letter via POS.

  54. Kevin
    January 23, 2019 at 12:34 pm - Reply

    May I know how can we know which Act or specific clause that could enable us buyer claim from booking fees for LAD?

    Booking fees paid earlier than SNP date.

  55. Huang
    March 4, 2019 at 12:31 pm - Reply

    Hi, i am planning to get my next door neighbour to the tribunal as she has not fix the leaking pipe from her side for 3 years already. In the Borang 1, the “Nama Penentang” is Condo Management or the owner of the next door apartment?

    • Chat Property Malaysia
      Author
      April 1, 2019 at 11:26 pm - Reply

      Penentang is the person that you want him to be take responsible. Condo management area of responsibility is the common area, if the leaking pipe is at common area, then is the Condo Management.

  56. Bryan KK
    March 30, 2019 at 4:55 pm - Reply

    hi, i’m received the VP and CCC copy on 24 january 2019 but until today already 3 month still not yet receive the key yet. (i have email HQ, call and whatsapp person in charge but they keep on dragging) The project should be done on 25 january 2018 but developer only willing to pay 7% of purchased price and payment will be pay in 9 months time flame.

    As snp stated unit and common facilities need to complete in 25 january 2018, so can i open case at tribunal for claim LAD for the unit and common facilities? The award still need that long (9-12 month) time flame to pay out?

    And also the developer pay the LAD claim regarding the date of vp and ccc issue, as SNP stated should be handling the CCC together with handling over the KEY. So can i claim the LAD until the date i collecting the key? (because i start pay the apartment full installment but still can not stay or get the key yet)

    Thanks you

      • Gurl
        November 21, 2020 at 11:12 am - Reply

        Can i seek help from tribunal if my tiles popped up after DLP expired? Developer has denied my request to repair due to expiry of DLP. Is popping up tiles considered as latent defects?

  57. J
    April 2, 2019 at 8:52 pm - Reply

    We want to claim defects on Pr1ma housing project. But Pr1ma housing claim is under PR1ma Act 2012 but currently there is no Pr1ma Appeal Tribunal set up. In this case, the KPKT said the Housing Tribunal do not take our case. Can advise the valid law so that our rights heard in Tribunal, without the need to engage legal?

  58. VivienLim
    April 9, 2019 at 3:37 pm - Reply

    Property ready vacant on Jul 2018 but I not received the VP letter from developer until Management office called up on 20/09/2018 and asked me when I go collect keys? I told them I not received the VP letter and get them send me. After 2 weeks, I still not received it and I make called again, so they watapps to me and get me settled the deposits and 4 months advances before keys collection.

    I would like to know, the 4 months advances collected it should count from Jul 2018 or upon that day I collect the key? TQ

    • Chat Property Malaysia
      Author
      April 9, 2019 at 9:42 pm - Reply

      Hi Vivien:

      I am not sure what are you referring to the 4 months advances payment for?Maintenance fees?

  59. MikeChong
    May 2, 2019 at 2:23 pm - Reply

    The Borang 1 states amount claim cannot exceed RM25k, else it has to be filed with session court. But other link in the article and comments mentioned about Tribunal max claim award can be up to RM50k. A bit confusing, for an LAD higher than RM25k but below RM50k, can I file it to tribunal ?

  60. MikeChong
    May 2, 2019 at 2:34 pm - Reply

    Hi, other than the LAD for the unit and common areas, what are related cost which can be claimed together ?

    • Chat Property Malaysia
      Author
      May 2, 2019 at 10:18 pm - Reply

      If you are outstation and need to be present during hte Tribunal hearing, you can claim your transportation cost

  61. Olivia
    May 28, 2019 at 2:02 pm - Reply

    Hi, I have a double storey terrace in which 2 years of DLP had already expired. Suddenly the entire of my living room floor tiles popped up like earthequake and not suitable to stay in (sharp edges and craked tile). Is this consider as Latent Defect? Can I file to tribunal on this?

    • Chat Property Malaysia
      Author
      May 28, 2019 at 9:21 pm - Reply

      HI Olivia:

      It will be hard if already over the warranty limit. But you may dropby Tribunal office to ask their opinion for your case

  62. talent
    October 25, 2019 at 3:39 am - Reply

    Hi, im one of the apartment resident. im staying at level 7 (lower level) . My house got extra balconies, and it was stated in S&P that the balconies is my private area. But developer is misused my balconies with out any agreement or approval with me. Am i right to filling them due its again my privacy and safety.

  63. Chloe Loh
    January 20, 2020 at 4:29 pm - Reply

    Hi! i would like to know, if the borang F (CCC) approved on 23/Dec/2019, but the VP letter issued on 20/Dec/2019. Is it no problem? But they send out the letter in only 24/Dec/2019 (i online traced).

    And if i didn’t receive the letter until developer email to me on 02/Jan/2020, i only noticed i can collect the key. and i found the letter they are sent to wrong address (their mistakes) cause me didn’t receive the letter.

    In this case, can i claim their LAD until i received the email on 02/Jan?

    Snp: 29 Sep 2017
    Schedule handover VP: 28 Sep 2019
    Issued VP letter: 20 Dec 2019
    CCC approved date: 23 Dec 2019
    Letter sent to wrong address: Received email on 02/Jan/2020

    May i know the LAD should claim from what date to what date?

  64. LINGAES
    August 10, 2020 at 6:41 pm - Reply

    hai
    i need your advise . my property having water leakage and walls cracks problem. when we raise complaints to JMC and developer they inform DLP period expired and no warranty. during inspection 25 sep 2019 we couldnt found the water leakage bcoz no water service to the property. now both of parties didnt assist us how to raise this issue to tribunal. we sign snp 19 SEP 2019, we recd keys june 2020. now they telling its purchaser responsibility and they unable to repair. how much claims we can expect on this issue kindly advise.

  65. L L
    March 13, 2021 at 8:03 pm - Reply

    Hi All, I need advise from your side, my service apartment currently doing defect list. I found out that the aluminium frame mostly are in poor quality & workmanship, it cause during raining water will leak inside house and obvious watermark. And the frame joint also uneven and will cause cutting finger.

    I also has input in defect list, but the represent developer saying that windows frame is not under their job, and unable to do.

    I’m here to ask for your advise, hope can get soon reply from your side.

    • Chat Property Malaysia
      Author
      April 25, 2021 at 9:29 am - Reply

      Hi:

      Do give them a list of defect and submit to them for acknowledgement.
      and do specify a reasonable time frame for them to fix it.
      Either you can do it with physical letter or email them.

      Once the period given is up, and still not able to fix, you may proceed to file at Tribunal for next course of actions.

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