What to Do When Your Landlord Refuses to Make Repairs

A leaking ceiling, a broken water heater, or a malfunctioning air conditioning unit in a Malaysian rental property becomes a source of frustration when the landlord ignores repair requests. The Tribunal for Consumer Claims reported that maintenance disputes represented 19% of all tenancy-related filings in 2024, making it the third most common tenancy complaint category. This guide outlines your rights as a tenant, the proper escalation process, and the legal remedies available when your landlord will not act.

Understanding Maintenance Responsibilities

In Malaysia, maintenance responsibility is primarily determined by the tenancy agreement. There is no statutory framework that fully defines landlord vs. tenant maintenance obligations (unlike some other jurisdictions). However, common law and standard tenancy practice establish general principles:

Typically the Landlord's Responsibility:

• Structural repairs (walls, roof, foundation, load-bearing elements)
• Major plumbing (burst pipes, main drainage blockages, water heater replacement)
• Electrical system faults (main wiring, DB board, built-in fixtures)
• Air conditioning unit replacement (if provided by landlord)
• External maintenance (exterior paint, roof waterproofing, window frames)
• Appliance replacement when they fail through normal wear (washing machine, refrigerator)

Typically the Tenant's Responsibility:

• Day-to-day cleanliness and upkeep
• Minor repairs caused by tenant's use (replacing light bulbs, unblocking sinks due to misuse)
• Air conditioning filter cleaning and basic servicing
• Pest control within the unit (unless infestation is a building-wide issue)
• Repairs for damage caused by the tenant or their guests

Grey Areas:

Some items depend on the tenancy agreement:

• Air conditioning servicing (quarterly cleaning): Often tenant's responsibility but varies
• Minor plumbing (dripping taps, running toilets): Varies by agreement
• Curtain and blind replacement: Usually landlord if provided, tenant if brought in

Always check your tenancy agreement first. If it specifies responsibility, that clause governs.

Step-by-Step: Escalating a Repair Request

Step 1: Document the Problem

Before contacting the landlord:

• Take photographs and video of the issue
• Note when you first noticed the problem
• Record any impact on your ability to use the property normally
• If applicable, note any health or safety risks (mould, electrical hazards, water contamination)

Step 2: Submit a Written Request

Send a written repair request to the landlord via the method specified in your tenancy agreement (email, letter, or the designated communication channel). Include:

• Description of the problem
• When it started
• The impact on your living conditions
• Photos or video documentation
• Reference to the tenancy agreement clause regarding landlord maintenance responsibilities
• A reasonable deadline for response (7-14 days for non-urgent; 24-48 hours for urgent issues like water leaks or electrical hazards)

Keep a copy of every communication. If using WhatsApp, screenshot the conversation. If using email, keep sent items.

Step 3: Follow Up Formally

If the landlord does not respond within your stated deadline, send a follow-up:

"Dear [Landlord name], I am following up on my repair request dated [date] regarding [issue]. I have not received a response. As per our tenancy agreement, [reference relevant clause], this maintenance issue falls under the landlord's responsibility. I request that this be addressed within [7 days]. Please confirm a time for the repair to be conducted."

Step 4: Issue a Formal Demand Letter

If follow-up receives no response, send a formal demand letter via registered mail or email with read receipt:

• Summarize the issue and your previous communications (with dates)
• State clearly that non-repair constitutes a breach of the tenancy agreement
• Give a final deadline (14 days is reasonable)
• State that you will pursue legal remedies if the issue is not resolved

This letter establishes a clear record that you gave the landlord reasonable opportunity to comply before escalating.

Step 5: Arrange Repairs Yourself and Seek Reimbursement

If the landlord remains unresponsive after your demand letter, you may arrange repairs yourself and claim reimbursement. Important considerations:

• This approach is most defensible for urgent issues (water leaks, safety hazards)
• Get at least 2 written quotations before proceeding
• Keep all receipts and invoices
• Notify the landlord in writing before proceeding: "As you have not responded to my repeated requests regarding [issue], I will be arranging the repair myself. I will seek reimbursement of the cost from you, as this is a landlord responsibility under our tenancy agreement."
• Deducting repair costs from rent without the landlord's written agreement is risky and may be treated as short-payment. Claim reimbursement separately.

Step 6: File a Tribunal Claim

For maintenance disputes where the landlord refuses to repair or reimburse, the Tribunal for Consumer Claims is your primary legal recourse (for claims up to RM50,000):

• Filing fee: RM5-50
• No lawyer required (or permitted to represent you)
• Bring all documentation: tenancy agreement, repair request communications (with dates and responses), photographs, repair quotations/invoices, formal demand letter
• The Tribunal hearing is typically scheduled within 30-60 days

The Tribunal can order the landlord to make repairs, reimburse costs, or pay compensation.

Lawyer Foong Cheng Leong, a consumer law specialist at Christopher & Lee Ong, stated in a 2024 Malaysian Bar Council article: "Tenants often underestimate the power of the Tribunal for Consumer Claims in resolving maintenance disputes. The Tribunal regularly orders landlords to make repairs and compensate tenants for the inconvenience of delayed maintenance. The key to success is documentation: every request, every follow-up, every photograph."

What You Should NOT Do

• Do not withhold rent without written agreement from the landlord. Rent withholding is a breach of the tenancy agreement and weakens your legal position even if the landlord is also in breach.
• Do not make major repairs without notice and then demand reimbursement. The landlord must be given reasonable opportunity to address the issue first.
• Do not abandon the property (break the lease) over maintenance issues without following proper termination procedures. Early termination carries its own penalties.
• Do not post negative reviews or social media complaints as a pressure tactic before exhausting the formal process. While you have free speech rights, defamatory statements can create legal complications.

When Repairs Become a Safety Issue

Some maintenance failures create genuine safety hazards:

• Exposed electrical wiring
• Gas leaks
• Structural instability (cracking walls, sagging ceilings)
• Severe mould affecting respiratory health
• Non-functioning locks or security systems

For safety issues, the escalation timeline compresses. Give the landlord 24-48 hours to respond, and if they do not, arrange emergency repairs immediately. Your safety takes priority over the standard escalation process. Document everything and seek reimbursement after the fact.

For strata properties, report safety issues to the building management corporation as well, as they may have responsibilities for common-area-related faults that affect your unit.

Platforms like EzLease create a documented maintenance request trail from the moment a tenant reports an issue through resolution, providing the timestamped evidence that supports Tribunal claims if disputes escalate.

Frequently Asked Questions

Can I deduct repair costs from my rent?

This is legally risky without the landlord's written agreement. While the concept of "set-off" exists in contract law, unilaterally deducting repair costs from rent may be treated as short-payment, giving the landlord grounds for a breach claim against you. The safer approach is to pay full rent, arrange the repair, and claim reimbursement separately.

How long should I wait before escalating a repair request?

7-14 days for non-urgent issues (after the first written request). 24-48 hours for urgent or safety-related issues. If you have sent a written request and a follow-up without response within these timeframes, proceed to the formal demand letter stage.

Can I terminate my tenancy if the landlord refuses to maintain the property?

If the maintenance failure makes the property uninhabitable (no running water, severe structural issues, dangerous electrical faults), you may have grounds for termination based on the landlord's breach. However, this is a serious step. Get legal advice before terminating, as the definition of "uninhabitable" is not precisely defined in Malaysian law and may be disputed.

What if my landlord says the repair is my responsibility?

Refer to your tenancy agreement. If the agreement attributes the repair to the landlord, cite the specific clause. If the agreement is silent, cite the common law principle that structural and major system maintenance is the landlord's responsibility. If you genuinely disagree on responsibility, the Tribunal for Consumer Claims can determine who should bear the cost.

Key Takeaways

• Maintenance disputes represent 19% of tenancy-related Tribunal filings in Malaysia, with landlord non-responsiveness as the most common trigger.
• Always submit repair requests in writing with photographs and a reasonable response deadline.
• Follow a clear escalation: written request, follow-up, formal demand letter, self-arranged repair with notice, Tribunal claim.
• Do not withhold rent as a pressure tactic. It weakens your legal position even when the landlord is clearly in breach.
• The Tribunal for Consumer Claims is accessible (RM5-50 filing fee, no lawyer required) and regularly orders landlords to make repairs or reimburse tenants.