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Sunday 17 December 2023

Goodbye 2023; Hello 2024

 


2023 will be remembered as a tipping point year when almost all mega-trends of finance, technology, trade, geopolitics, war and climate heating showed signs of acceleration in speed, scale and scope.


You can call this a state of permacrises, a series of cascading shocks that seem to be building up to a bigger shock sometime in the future.

In finance, the year began with the collapse of Silicon Valley Bank on 10 March 2023, followed by Signature Bank. The Fed and FDIC (Federal Deposit Insurance Corporation) acted fast to guarantee all deposits to stop what is now called “Twitter Deposit Runs” against banks. In Switzerland, Credit Suisse was taken over by UBS on 19 March, after the bank lost nearly US$ 75 billion worth of deposits in three months. Swiss financial credibility was hurt when Credit Suisse AT1 (Tier One bonds) bond-holders became outraged that they should suffer write-downs ahead of equity holders.



Although prompt action by the Fed and Suisse financial authorities averted global contagion and restored calm to financial markets, the Fed hiked interest rates four times in 2023 to 5.25-5.5% to tackle inflation. This month, gold prices touched a record high of US$2,100 per ounce, signalling anticipated inflation abatement, but escalated geopolitical tensions.




In technology, 2023 marked the seismic arrival of generative artificial intelligence (AI), through the public launch of ChatGPT in November 2022. Commercialized AI is considered the next big thing after the internet, sparking off a US tech stock rally, led by the Magnificent Seven companies in AI-related software and hardware. The rally averted a year of portfolio losses in financial markets hurt by interest rate hikes.

In trade, the latest UNCTAD Global Trade Update found that global trade will shrink by 5% to US$ 30.7 trillion in 2023, with trade in goods declining by nearly US$2 trillion, whereas trade in services would expand by US$500 billion. The outlook for 2024 is pessimistic because trade issues are now geopolitical, rather than purely market-driven. Global supply chains are either decoupling or de-risking to avoid possible sanctions which have been imposed for geopolitical reasons.




Geopolitics dominated headlines in 2023, as diplomacy played second fiddle to the militarization or weaponization of everything.

The biggest risk faced by businesses today is national security risk, in case companies or financial institutions are caught in geopolitical tit-for-tat arising from binary differences in values. Where national security is concerned, the business must bear all the costs of supply chain restructuring with no questions asked, or face possible existential shutdowns.

War broke out in Gaza/Israel In October with a scale of civilian slaughter more horrific and intense than the Ukraine war, which began in February 2022. The latest war count to June 2023 by The Armed Conflict Survey 2023 (1 May 2022–30 June 2023), showed global fatalities and events increasing horrendously by 14% and 28% respectively.



The authoritative Stockholm International Peace and Research Institute (SIPRI) reported that 56 countries were involved in armed conflict in 2022, 5 more than in 2021. Three (Ukraine, Myanmar and Nigeria) involved 10,000 or more estimated deaths, with 16 cases involving 1000–9999 deaths. Expect more conflicts when natural disasters hurt food, water and energy supplies.




As 100,000 or so delegates leave the United Arab Emirates at the end of the COP28 this month, the UN painted an upbeat tone that the Conference marked the “beginning of the end” of the fossil-fuel era.  Scientists confirm that we have already passed the point of being able to limit carbon emissions for the average global temperature to remain below 1.5 degrees Celsius above pre-industrial levels.   Most studies show that if most governments fail to meet their current commitments to NetZero, the planet will be struggling with temperatures above 2 degrees Celsius, meaning more natural disasters, rising seas and/or migration/conflicts.  Every three weeks, the US has experienced at least one natural disaster costing more than $1 billion in damages.  

As one cynic said, natural disasters are where the rich just pay in money, but the poor pay in their lives.

Putting all these mega-trend micro-disasters together suggests that a mega-system disaster may be on the cards. Historically, these seismic-scale disturbances are settled through a massive recession, like the 1930s Great Depression, or wars, which wipe out debt and make everyone poorer.

So far, the world has neglected to address these looming issues by either denying or postponement - printing more money and incurring more debt. Painkillers do not fix structural imbalances.

As my favourite poet TS Eliot said, the world ends not with a bang, but with a whimper. The world is in permacrises, with no one fully in charge. Democratic governance is in flux when no one can agree on the problems, let alone the solutions.

2024 will see some decisive but messy elections, especially in the US where both Presidential candidates may either be impeached or convicted by then. This cannot auger well for everyone, because 2023 marks the turning point when the US lost the respect of the Global South over its catastrophic handling of Ukraine and Gaza, both of which will be fought to the last Ukrainian or Palestinian. The morality of allowing other people to fight and die for one’s benefit shows not hypocrisy but hegemonic-scale cowardice.

The bottom line is that there is no shortage of technology or money to deal with the global existential threats of climate change and social imbalances. We cannot align policy intent (what politicians say they will do) with the reality that current policies are not delivering.

If man-made or natural calamities are looming, do we mitigate or adapt? On a single planet, we can run but not hide. So each of us must decide to do what we can, rather than relying on politicians to fix themselves, let alone our problems.

There is a wise saying about Christmas charity: give with warm hands. Do that now, or we will be giving with boiled hands or none at all.

Best wishes for 2024.

Andrew Sheng, Asia News Network



Thursday 14 December 2023

NEW UNITY CABINET 2023 ; RESOLVE PEOPLE'S ISSUES QUICKLY






UALA LUMPUR, Dec 12 — Following is the full list of Cabinet ministers and deputy ministers in the unity government following the Cabinet reshuffle announced by Prime Minister Datuk Seri Anwar  Ibrahim today.


Prime Minister and Minister of Finance

Datuk Seri Anwar Ibrahim

Minister of Finance II

Datuk Seri Amir Hamzah Azizan (new)

Deputy Minister of Finance

Lim Hui Ying (formerly Deputy Education Minister)

Deputy Prime Minister and Minister of Rural and Regional Development

Datuk Seri Ahmad Zahid Hamidi

Deputy Minister of Rural and Regional Development

Datuk Rubiah Wang

Deputy Prime Minister and Minister of Energy Transition and Public Utilities (a new ministry — split from the Ministry of Natural Resources, Environment and Climate Change (NRECC))

Datuk Seri Fadillah Yusof (also in charge of Sabah, Sarawak Affairs)

Deputy Minister of Energy Transition and Public Utilities

Akmal Nasrullah Mohd Nasir

Minister of Transport

Anthony Loke Siew Fook

Deputy Minister of Transport

Datuk Hasbi Habibollah

Minister of Agriculture and Food Securities

Datuk Seri Mohamad Sabu

Deputy Minister of Agriculture and Food Securities

Datuk Arthur Joseph Kurup (formerly Deputy Minister of Science, Technology and Innovation)

Minister of Economy

Rafizi Ramli

Deputy Minister of Economy

Datuk Hanifah Hajar Taib

Minister of Local Government Development

Nga Kor Ming

Deputy Minister of Local Government Development

Datuk Aiman Athirah Sabu (formerly Deputy Minister of Women, Family and Community Development)

Ministry of Foreign Affairs

Datuk Seri Mohamad Hasan (formerly Minister of Defence)

Deputy Minister of Foreign Affairs

Datuk Mohamad Alamin

Minister of Works

Datuk Seri Alexander Nanta Linggi

Deputy Minister of Works

Datuk Seri Ahmad Maslan (formerly Deputy Minister of Finance)

Minister of Home Affairs

Datuk Seri Saifuddin Nasution Ismail

Deputy Minister of Home Affairs

Datuk Seri Dr Shamsul Anuar Nasarah

Minister of Investment, Trade and Industry

Datuk Seri Tengku Zafrul Abdul Aziz

Deputy Minister of Investment, Trade and Industry

Liew Chin Tong

Minister of Defence

Datuk Seri Mohamed Khaled Nordin (formerly Minister of Higher Education)

Deputy Minister of Defence

Adly Zahari

Minister of Science, Technology and Innovation

Chang Lih Kang

Deputy Minister of Science, Technology and Innovation

Datuk Mohammad Yusof Apdal (formerly Deputy Higher Education Minister)

Minister of Women, Family and Community Development

Datuk Seri Nancy Shukri

Deputy Minister of Women, Family and Community Development

Datuk Seri Noraini Ahmad (new)

Minister in the Prime Minister’s Department (Law and Institutional Reform)

Datuk Seri Azalina Othman Said

Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform)

M.Kulasegaran (new)

Minister of Natural Resources and Sustainability (a new ministry — split from NRECC)

Nik Nazmi Nik Ahmad

Deputy Minister of Natural Resources and Sustainability

Datuk Seri Huang Tiong Sii

Minister of Entrepreneur Development and Cooperatives

Datuk Ewon Benedick

Deputy Minister of Entrepreneur Development and Cooperatives

Datuk R. Ramanan (new)

Minister of Higher Education

Datuk Seri Zambry Abd Kadir (formerly Minister of Foreign Affairs)

Deputy Minister of Higher Education

Datuk Mustapha @ Mohd Yunus Sakmud (formerly Deputy Minister of Human Resources)

Minister of Tourism, Arts and Culture

Datuk Seri Tiong King Sing

Deputy Minister of Tourism, Arts and Culture

Khairul Firdaus Akbar Khan

Minister of Communications (a new ministry — split from Ministry of Communications and Digital)

Fahmi Fadzil

Deputy Minister of Communications

Teo Nie Ching

Minister of Education

Fadhlina Sidek

Deputy Minister of Education

Wong Kah Woh (new)

Minister of Unity

Datuk Aaron Ago Anak Dagang

Deputy Minister of Unity

Saraswathy Kandasami (formerly Deputy Minister of Entrepreneur Development and Cooperatives)

Minister in the Prime Minister’s Department (Religious Affairs)

Datuk Mohd Na’im Mokhtar

Deputy Minister in the Prime Minister’s Department (Religious Affairs)

Zulkifli Hassan (new)

Minister of Youth and Sports

Hannah Yeoh

Deputy Minister of Youth and Sports

Adam Adli Abd Halim

Minister in the Prime Minister’s Department (Federal Territories)

Dr Zaliha Mustafa (formerly Minister of Health)

Minister of Domestic Trade and Cost of Living

Datuk Armizan Mohd Ali (formerly Minister in the Prime Minister’s Department in charge of Sabah, Sarawak Affairs and Special Functions)

Deputy Minister of Domestic Trade and Cost of Living

Fuziah Salleh

Minister of Plantation and Commodities

Datuk Seri Johari Abdul Ghani (new)

Deputy Minister of Plantation and Commodities

Datuk Chan Foon Hin (formerly Deputy Minister of Agriculture and Food Securities)

Minister of Health

Datuk Seri Dzulkefly Ahmad (new)

Deputy Minister of Health

Datuk Lukanisman Awang Sauni

Minister of Digital (a new ministry — split from Ministry of Communications and Digital)

Gobind Singh Deo

Deputy Minister of Digital

Datuk Ugak Anak Kumbong (formerly Deputy Minister of Special Functions and Sabah, Sarawak Affairs)

Minister of Human Resources

Steven Sim Chee Keong (new)

Deputy Minister of Human Resources

Datuk Seri Abdul Rahman Mohamad (formerly Deputy Minister of Works) — Bernama





Resolve people's issues quickly


New cabinet must prioritise tackling economic issues, say interest groups

PETALING JAYA: People’s issues – cost of living pressures, economic recovery and spurring investments – are the key issues that the new Cabinet must deliver amid a challenging 2024 outlook, say economic experts and business groups.

They say the new line-up must work fast to tackle the economic challenges, while delivering the promised key electoral and institutional reforms to demonstrate their capacity for governance.

Institute for Democracy and Economic Affairs (Ideas) chief executive officer Dr Tricia Yeoh said through the restructuring, the government is sending the signal that the issues of economy, health and cost of living are the key areas of focus, as seen in the new appointments.

She noted that the appointment of Datuk Seri Amir Hamzah Azizan as the Second Finance Minister in Prime Minister Datuk Seri Anwar Ibrahim’s latest Cabinet line-up has been “highly anticipated”.

The former EPF chief executive officer’s appointment is also likely to be welcomed by the market, given his strong corporate background, having been in Tenaga Nasional Bhd and MISC Bhd before joining EPF, said Yeoh.

“This appointment will strengthen the Finance Ministry’s policy execution and hopefully speed up the ministry’s plans towards fiscal consolidation,” she said.

Meanwhile, Yeoh said the new Domestic Trade and Consumer Affairs Minister Datuk Armizan Mohd Ali will have to focus on addressing cost of living issues, which has been the primary driver of dissatisfaction among voters in their perception of Anwar’s administration.

She also said the return of former ministers Gobind Singh Deo and Datuk Seri Dr Dzulkefly Ahmad to the Cabinet in their respective roles as Digital Minister and Health Minister was interesting as they had experience under the previous Pakatan Harapan administration.

Prof Dr Chung Tin Fah of HELP University said the new Cabinet must focus on delivering its manifesto promises, including bringing down cost of living, creating a more equitable social class, raising investment to grow the economy, and higher wages to share in growth prosperity.

“Investments and productivity are key drivers to help achieve these seemingly diverse goals,” he said.

Socio-Economic Research Centre (SERC) executive director Lee Heng Guie said the government has to execute the promised reforms and policies to strengthen the country’s economic resilience against the still uncertain global environment in 2024.

“The government needs to rebuild trust with the people and businesses that it can deliver better outcomes through good governance and responsible fiscal management,” he said, adding that easing cost of doing business, creating a better investment climate, mitigating the higher cost of living, and generating better income jobs should be the economic agenda.

SME Association of Malaysia president Ding Hong Sing said economic development must be prioritised as the country’s economy has yet to improve while the cost of living continues to rise.

“In this regard, our expectations are high for the Second Finance Minister, Datuk Seri Amir Hamzah Azizan.

“With his extensive management experience in EPF, we believe he can play a crucial role in revitalising the national economy,” he said, adding that Hamzah must engage with the business sector and listen to industry suggestions before implementing policies.

“Ensuring the Minister comprehends the influence their policies may have on the business sector is pivotal. We must steer clear of any policies that could hinder our progress,” he said.

Ding also said that SMEs are more than willing to collaborate with the newly appointed Human Resources Minister Steven Sim to improve operations and drive the growth of the economy.

Kuala Lumpur and Selangor Indian Chamber of Commerce and Industry president Nivas Ragavan said the reshuffling is expected to serve as a positive beginning for 2024, particularly in bolstering efforts to enhance economic growth.

The government’s immediate focus must now be to address issues such as unemployment, inflation and economic recovery, said Nivas.

“The foreign direct investments secured in 2023 by the Investment, Trade and Industry Ministry during the trade delegations to various countries especially China and the United States should be quickly realised in 2024 so that adequate employment, business opportunities in the supply chain, and significant growth of the gross domestic product can be attained.

“We also hope that the Cabinet will concentrate on more reforms in 2024,” he said.

Associated Chinese Chambers of Commerce and Industry of Malaysia president Tan Sri Low Kian Chuan said the new Cabinet must work to implement promised reforms and policies.

Low emphasised the necessity of improving income levels and mitigating the impact of the rising cost of living, as well as the importance of close cooperation between the ministries and civil servants to enhance public delivery of services, streamlining of business investment procedures, and the reduction in the overall cost of doing business.

Low added the new ministers should prioritise these key areas, acknowledging the pressing need to address the cost of living challenges that Malaysians face.

Malay Chamber of Commerce president Norsyahrin Hamidon said the country’s economy has not fully recovered and numerous SMEs continue to face significant challenges.

He hoped that the new ministers, especially the Second Finance Minister, would quickly inject their expertise towards economic recovery and the strengthening of businesses, though he added that it is important that the new Cabinet members be given six months to demonstrate their capabilities.


Wednesday 13 December 2023

Boom time for Malaysian AI


PETALING JAYA: Artificial intelligence (AI) is set to be the next growth engine for the technology sector.

Stocks linked to this sub-segment of the tech space have seen strong gains this year.

Analysts believe the run has further legs to go with companies such as Nvidia Corp, Advanced Micro Devices and their related branded manufacturers in Taiwan such as Asustek Computer Inc gaining strong interest of late.

AI requires computing power that is used by graphics processing unit (GPU) in computers and they are the key to the training of neural networks, the enabler of AI.

Apart from powering computer games and graphics/video-intensive computers, GPUs help quicken the training of neural networks which are a key component of many algorithms enabling AI.

The two main GPU designers and makers in the world are Nvidia and AMD.

It appears that tech stocks on Bursa Malaysia have not caught up with the strong rally in the United States as the surge in interest since late last year are limited to makers of GPUs and their related companies.

There was much buzz last week on the local tech space with Nvidia founder and chief executive officer Jensen Huang dropping by several countries in the region including Malaysia to announce business ventures.

For Malaysia, Nvidia last Friday announced a data centre partnership and it also announced last Sunday it will set up a manufacturing base in Vietnam.

YTL Power International Bhdannounced a collaboration with Nvidia to deploy AI infrastructure with Nvidia H100 Tensor Core GPUs at its YTL Green Data Centre Park in Kulai, Johor.

YTL Power’s share price received a boost with this development and saw gains of almost 15% last week alone. The company is now considered an AI-linked firm by market players with this partnership.

SPI Asset Management managing partner Stephen Innes said the surge in share prices of AI-linked companies is just the beginning and investors have not fully digested the strong upside prospects of this latest development in the tech space.

“We are only seeing the tip of the iceberg on a decade-long transition to AI.

“Right now, most of the focus is on the companies making the tools necessary to power the AI revolution that appears to be fast descending upon businesses and, eventually, the broader economy,” Innes told StarBiz.“In the immediate sense, such a build phase may also benefit the ‘shovel providers’ of this ‘gold rush’ – the companies that provide the computing power and tools necessary to build the models needed to compete.

“For this year, at least, Nvidia has stood out as that hardware store on the prospecting hill,” he added.

Innes expects Nvidia will continue to trend higher and be trading at US$600 per share next year and over US$1000 in the longer term.

High-net-worth investor and former investment banker Ian Yoong Kah Yin said investor interest in the domestic tech sector will be AI-driven, moving forward.

“The listed companies in this space are YTL Power, ITMAX System Bhd and Straits Energy Resources Bhd YTL Corp and YTL Power, its subsidiary, are in data centres.

“ITMAX is in video surveillance and analytics. Straits Energy is into oil bunkering, telecommunications solutions and AI-enabling services,” Yoong told StarBiz.YTL, YTL Power, ITMAX and Straits Energy are trading at financial year 2024 price-to-earnings ratio (PER) of 10, 8, 19 and 10 times, respectively, he noted.

Meanwhile, Yoong said the wider local tech space on Bursa Malaysia is expected to remain in the doldrums in the first half of 2024, with recovery seen earliest in the second half of next year.

“The Bursa Malaysia Technology index currently commands an above-average valuation, with a forward PER multiples of 25 times. The historical average PER is 21 times.

“The semiconductor-based sub-sector is expected to report weak earnings in the next two to three quarters,” Yoong added.

Commenting on tech stocks’ performance on Bursa Malaysia, Rakuten Trade head of equity sales Vincent Lau said many Malaysian tech stocks appear to be stuck in a trading range.

“Fund managers are staying on the sidelines and I think they need to see fourth-quarter numbers first.

“Ours are lagging behind and only in the United States it seems to be doing well. Even in Hong Kong the tech sector is struggling,” Lau told StarBiz.However, a tech recovery is still on track and the fourth quarter might be supported by restocking activities.

He said how strong will the recovery be is still the main question.

“But in the AI space, it still has some legs to run while for electric vehicles, it continues to be another growth sector,” Lau said.

“We may be at a short-term bottom now, as I think it will be quite a firm recovery moving into 2024. We may be at an inflection point.”

On YTL Power-Nvidia partnership, RHB Research said it has a long-term positive view on this development.

“The project may also boost its data centre take-up rate in Johor.

“YTL Power’s earnings growth should strengthen upon the successful delivery of the project delivery in the long run but investors ought to take note that additional capital expenditure requirements ahead could be rather intensive,” it said in a note.


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Monday 11 December 2023

Tenancy tales of horror, Cops may go after landlords who rent units to criminals; owners had the right to do monthly inspection, Law needed to lay out rights, responsibilities

Tenancy tales of horror - Sad state of affairs: A house owner checking the condition of his house after a tenant moved out in Puchong. — FAIHAN GHANI/The Star


PETALING JAYA: A businesswoman got the shock of her life when she received a call from the police asking her to go to her posh KLCC-facing condominium.

“When I arrived, I was stunned to see the unit in a wreck and that an illegal gambling centre had been operating from there.

“It was a nightmare. I had to go to the police station several times for my statement to be recorded.

“Not only that, I had to fork out a lot of money to clean up and repair my unit,” said the woman, who wanted to be known only as Shima.

She had not suspected anything amiss because her tenant – who claimed to be an engineer – was always prompt with his rent.

“This incident has given me a lot of anguish and stress. My unit has been empty for two years now. I just don’t dare rent it out again,” said the mother of two.

Shima admitted that she had not checked on her unit after renting it out as she respected her tenant’s privacy

A senior journalist was happy when he rented out his house to a young couple with two kids in May last year.

Everything had looked fine in the beginning, but things started to go wrong a few months into the tenancy.

The rent payment was erratic, with no money coming for several months, and when he decided to end the tenancy agreement, he was shocked to find that they had defaulted on the utility bills.

“They seemed like a decent couple with two young children when they first moved in, in May 2022. But after three months, the problems began.

“Every time, I called them for the payment, they had excuses. Business was slow, someone had died, someone was sick.

“In February this year, there was one payment and none after that. I waited until August before finally telling them to leave. They left in early November,” said the 65-year-old Penangite, who is based in the Klang Valley.

When he repossessed the house, it was in a total mess.

“The toilets were broken and dirty, with caked soap on everything. There were nails everywhere. The wiring was badly damaged.

“There were rats living in the house compound. It cost me close to RM5,000 to repaint and repair to make it look like a decent home again,” he fumed.

What was worse, he added, was the unpaid electricity bill since November 2022.

“Why was there no action taken by the utility company? I had to pay up as I could not trace the couple and they would not answer my calls.

“The water bill was also unpaid for at least six to seven months. After they vacated the house on Nov 21, Air Selangor sent a notice of disconnection if I did not pay up.

“So, I lost easily seven to eight months of rent money, and had to fork out another RM6,000 for bills and repairs. Now, I am very cautious about who I rent my house to or even if I should even rent it out at all,” he said.

Another apartment owner, who wanted to be known only as Zulkifli, no longer wishes to rent out his unit in Tanjung Bungah, Penang, after a bad experience a few years ago.

“I rented out my unit to a childless couple in 2015. They seemed nice and both were professionals.

“Their rent payment was good initially, but arrears started to pile up in the second year of their tenancy.

“After failing to pay the rental for two successive months, they suddenly moved out at the end of 2016,” he said.

Zulkifli, 40, said although he could offset the outstanding rental from their deposit, his unit was in a shambles.

“Most of the furniture was broken and the place was so dirty,” he said. 

Cops may go after landlords who rent units to criminals


KUALA LUMPUR: Police want landlords who rent out their houses or apartments to criminals, including scam syndicates, to be held accountable.

Bukit Aman Commercial Crime Investigation Department (CCID) director Comm Datuk Seri Ramli Mohamed Yoosuf said they are pushing for the possibility of putting the liability on the owners.

“We have encountered many cases where such houses and apartments are being used as scam call centres.

“Recently, we detained more than 20 scammers, who rented several houses to operate as call centres.

“This has to stop,” he said in an interview yesterday.

Comm Ramli said while some syndicates are willing to pay a high rate of rent, owners and property agents must look past making a profit.

“Some syndicates are willing to pay up to six months in advance in rent but rationally, the owner or agent must think there is something wrong somewhere.

“In some instances, the syndicates would place 65 people in several housing units, in other instances, 20 people,” he said.

Kuala Lumpur police chief Comm Datuk Allaudeen Abdul Majid said most of the scam call centres raided in the city were located in luxury condominiums and apartments.

“It is bewildering that such criminals were allowed to operate in such prestigious locations, when in fact, it would be hard for regular people to even enter the premises.

“I have also instructed KL CCID to step up operations against the call centres in the city,” he said.

So far, KL CCID had conducted 1,311 raids on online crime syndicates in the city, he added.

“We have detained 855 people for their involvement in scam call centres between January and September this year.

“In the past two months, some 20 raids were conducted and 342 people were arrested,” he said.

Universiti Sains Malaysia criminologist Datuk Dr P. Sundramoorthy said landlords must be proactive and take full responsible for the action of their tenants.

“As the owner, your responsibility is not solely about rental. You are liable for the behaviour and action of your tenant,” he said, adding that owners had the right to do monthly inspection but without violating too much of their tenants’ privacy.


Law needed to lay out rights, responsibilities

 
 

PETALING JAYA: It is time to push for the tabling of the Residential Tenancy Act (RTA) to better clarify the responsibilities of landlords and tenants, say property agents.

Malaysian Institute of Estate Agents president Tan Kian Aun said the country needs more specific legislation on tenancy agreements, adding that the current situation often left landlords and tenants without a clear legal framework on their rights and responsibilities.

“The proposed RTA aims to regulate and standardise the relationship between landlords and tenants,” he said in an interview.

The Act, said Tan, would serve as a comprehensive guide, eliminating the need for individual tenancy agreements that often resulted in varied terms and conditions.

“Unlike the existing practice, the Act would set standardised rules, specifying legal and illegal activities for tenants and landlords.“This would address illegal activities, immoral behaviour and law violations within the rented premises,” he said.

On March 29, 2023, Deputy Local Government Development Minister Akmal Nasrullah Mohd Nasir told Parliament that the RTA, which is aimed at addressing rental property issues, would be tabled in Parliament next year.

The ministry, he said, is currently conducting a study on drafting the Act.

Tan said currently, there is also no specific legal provision for authorities like the police to intervene in cases of tenancy disputes, which would typically fall under civil jurisdiction, requiring the affected parties to pursue legal action for breach of contract.

The Act, he said, should also empower the relevant authorities to take appropriate action in cases of criminal activities.

Before the RTA comes into effect, Tan suggested landlords engage with tenants to first establish evidence that they are unaware of any illegal activity or “alternate uses” of their property.

“When tenants inquire about permission for activities such as gambling, landlords must refuse and retain evidence of their conversation. We often advise landlords to do this to protect their rights,” he said.

Property agents also play a crucial part by conducting thorough background checks on tenants, such as criminal records and solvency to ensure that they are not bankrupt, he added.

“We also verify employment status, request documentation such as visas and employment letters for foreigners, and scrutinise income details,” he said.

Lawyer Eric Choo advised landlords to protect themselves by ensuring that their tenancy agreements explicitly state the purpose of property use as well as the prohibition of illegal activities.

“These crucial clauses, typically included in tenancy agreements prepared by qualified lawyers, help safeguard landlords from being implicated in any criminal activities carried out on their premises,” he said.

Landlords, stressed legal counsel Marcus Tan, must lodge a police report upon discovering that tenants had been using their property for criminal activities.

“Failure to do so may result in the landlord being perceived as part of or even abetting the criminal activities.

“Without a formal tenancy or lease agreement, landlords may struggle to explain the situation to the police, potentially leading to suspicion and legal complications.

In Penang, state local government committee chairman Jason H’ng Mooi Lye said action could be taken against bad tenants under Section 70 (12) of the Road, Building and Drainage Act 1974.

“They need to be given 30 days to move out. If they fail to comply, they can be hauled up to court.”



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