KPKT: “Very Awkward” To Enact Law Supporting Landlord’s Right To Preference

2 Nov 2021

KPKT: “Very Awkward” To Enact Law Supporting Landlord’s Right To Preference

Housing and Local Government Minister Datuk Seri Reezal Merican Naina Merican acknowledged that racial discrimination exist in the country’s property rental market.

He noted that it would be “very awkward” to enact a law seeking a fair balance between the landlords and tenants’ rights while including the preference of landlords for certain tenants, reported Malay Mail.

“The discrimination issue raised by YB, yes it is true, I have listened and seen it myself but at this moment we are still studying in detail in terms of local circumstances,” said Reezal Merican in the Dewan Rakyat.

He shared that there are similar laws in Australia and the United States that “prohibits any form of sale advertisements by including one’s preference”.

“But in Malaysia, when we talk about discrimination, it comes down to preference,” he said.

“It would be very awkward to have Acts supporting the preference of owners’ rights but we will conduct further studies on the suitability of including the elements raised by YB.”

Reezal Merican made the statement in response to Bangi MP Ong Kian Ming’s question on whether the soon-to-be tabled Residential Tenancy Act will address racial discrimination in the rental market.

The KPKT minister explained that the “real spirit” of the Residential Tenancy Act is to balance the rights of property owners and tenants.

It is aimed at standardising rental agreements and establishing a tribunal that would resolve disputes between landlords and tenants, he said.

“At this moment, the preparation of residential rental agreements utilises the procedures stipulated under the Contract Act where the agreements are generally non-comprehensive and do not fully protect the interests and rights of tenants and owners of premises,” he noted as quoted by Malay Mail.

Reezal Merican revealed that the Residential Tenancy Act is now in the final stages of its drafting and is set to be tabled in Parliament in July 2022.

He added that its draft is patterned after the Residential Tenancies Act 2010 in New South Wales, Australia.

Similar laws from the United Kingdom, South Africa and Germany were also used as comparisons, he said.

“Apart from comprehensive stakeholders’ meetings, a Regulatory Impact Assessment will also be implemented by the Malaysia Productivity Corporation to identify and assess the effects from suggestions gathered towards the drafting of the Bill,” said the minister.

 

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