ADVISORY: PROPERTY Q&A Find answers to your questions

Q/A1 Kelvin Ng@Sunway: I own an apartment on the second floor. For the last six months, there is water leaking on the pipes and the ceiling. I have informed my upstairs neighbour and the management

corporation (MC). Unfortunately, my upstairs neighbour could not be bothered to allow repairmen to go into his apartment to repair the leaks. The MC then told me that there is nothing they could do and the problem is between the upstairs neighbour and us. I have asked him to be sensible to allow the repairmen in but he gives excuses all the time e.g. not at home, overseas, and etc. What can I do?

RED: You may appoint a lawyer to write a demand letter to him to repair and to resolve the water leaking on the pipes and the ceiling within a stipulated time, and if he fails to do so, you may:
(i) institute legal action against him for causing damage to your property; or
(ii) get it repaired and claim damages from your neighbour for such cost incurred. By Hilary Tan, legal adviser

Q/A2

Abdul Kader@Gombak: We have recently completed paying in full the purchase of a house without a bank loan. The delivery of vacant possession has been done. A few weeks later we received a letter
from the developer‘s bank (bridging financier) to pay a huge redemption sum. We have nothing to do with this bank. The S&P Agreement says the property is free from encumbrances. From our previous experience, nothing like this has happened. Please advise.

RED: Kindly check with your developer, as they are supposed to pay the portion of the redemption sum for your unit to the developer’s bridging financier, if the land that the property is built on has been charged to the developer’s bridging financier at that point in time. If the developer has yet to do so, show them the receipt for payment of the full purchase price. Your developer should now pay the said redemption sum to the developer’s bank. If the unit is in danger of being foreclosed by the developer‘s bridging financier, it means that the developer is facing cash flow problem and if the developer is not in a position to pay the redemption sum, the best recourse is to go to court to sue the developer if it still fails to redeem your unit within a reasonable time.

By Hilary Tan, legal adviser

Ask the RED expert: Please fax your questions
to: 03-2283 1700 or email to nstred@nstp.com.my

ADVISORY: PROPERTY Q&A Find answers to your questions

Q/A1 Kelvin Ng@Sunway: I own an apartment on the second floor. For the last six months, there is water leaking on the pipes and the ceiling. I have informed my upstairs neighbour and the management

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