How to file Tribunal for home buyer claims?

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.

 

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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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54 comments

  1. Lee

    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

  2. Jessie

    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

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

      • Tan Pei Ling

        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

          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.

  3. Eddy

    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?

  4. sherlene chen

    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?

  5. Amy Lee

    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

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

  6. Alex Sow

    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

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

  7. Yeoh

    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.

  8. nancy

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

    • Chat Property Malaysia
      Author

      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.

  9. Andrew

    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

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

  10. Vicky

    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

      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.

  11. Francis

    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

      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

  12. Winnie Chong

    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

      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.

  13. Catherine

    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

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

      • Catherine

        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.

  14. Raja Samsul Kamar Raja Omar

    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

      HI:

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

  15. Lo Liang Kheng

    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

      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

  16. Andyroy

    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

      Hi Andyroy:

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

  17. Jason

    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.

  18. Kit

    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

      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.

  19. VK

    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

      Hi VK:

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

  20. VK

    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?

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