This guide is for general information only and is not legal advice. Confirm your specific situation with the Commissioner of Buildings (COB), the Strata Management Tribunal, or a qualified lawyer — especially before withholding rent or terminating your tenancy.
Who is legally liable: owner or tenant?
Under the Strata Management Act 2013 (Act 757), the obligation to pay service charges (also called maintenance fees or management fees) rests with the proprietor — the registered owner of the parcel. A tenant is not a party to the relationship between the management body and the owner. The JMB or MC cannot sue a tenant for unpaid service charges, and the tenant owes the management body nothing directly. (Source: Low & Partners; HHQ “Stranded in Strata”.)
This is the starting position. But it does not mean a tenant is immune to the practical consequences of the landlord’s default — as the sections below explain.
For how management bodies should handle defaulters, see: Service Charge Defaulters Guide → and Can JMB Cut Your Access Card? →.
Liability comparison table
| Obligation / exposure | Owner (landlord) | Tenant |
|---|
| Legal liability for service charges under SMA 2013 | Yes — primary liability | No — no direct liability |
| Management body can sue for arrears | Yes | No |
| Access card may be deactivated after notice | Yes (owner’s card) | Potentially (if card is tied to unit, not individual) |
| Can be locked out of the unit | No — unlawful | No — unlawful |
| Utilities can be cut by management | No — unlawful | No — unlawful |
| Facility access may be restricted | Conditionally (with valid by-law) | Collateral impact possible |
| Voting rights may be suspended at AGM | Yes (if in arrears) | N/A (tenant has no vote) |
| Liability to landlord under tenancy agreement | Depends on tenancy clause | Depends on tenancy clause |
Collateral effects on tenants
Even though a tenant owes nothing to the management body, a landlord’s default on service charges can have real, practical consequences for the tenant:
- Access card deactivated. If the building’s access card system is tied to the unit (rather than to the individual), the card may stop working even for a tenant who has paid their rent in full. This is the most common complaint. (Source: Low & Partners; HHQ “Stranded in Strata”.)
- Visitor and vehicle access disrupted. Visitor passes, car park access tokens, or intercom entries linked to the unit may also be affected.
- Facility access affected. If the building has imposed a by-law-based facility ban on defaulting units, the tenant may lose access to the pool, gym or meeting rooms — even though the debt is not the tenant’s fault.
- Management refuses to renew sticker or vehicle pass. Some management offices refuse to renew a vehicle sticker or parking permit for a unit with outstanding charges.
The key word is collateral: these effects are a by-product of the owner’s default, not a direct legal action against the tenant. But the disruption is real and actionable.
What management cannot do to a tenant
Regardless of how much the owner owes, the management body is strictly prohibited from:
- Barring the tenant from entering their unit. The right to physically occupy one’s parcel cannot be removed for non-payment — by the owner or by the tenant. Even with a deactivated card, the tenant must still be allowed to reach their unit via the guardhouse or guards’ assistance. Physically blocking access to the unit is unlawful. (Source: Low & Partners.)
- Cutting or clamping electricity or water. Management has no power under the SMA 2013 to disconnect utility supplies. This applies equally whether the defaulter is an owner or an occupying tenant. (Source: MahWengKwai; Low & Partners.)
- Harassing or intimidating the tenant into paying charges that are not legally the tenant’s liability. The debt is the owner’s; a tenant who is approached by management for payment should calmly point this out in writing and, if necessary, file a COB complaint.
Check your tenancy agreement first
Before taking any action, read your tenancy agreement carefully. The allocation of service charge responsibility between landlord and tenant is often addressed in the agreement, and this affects your options:
- If the agreement says the landlord is responsible: the landlord’s non-payment is a clear breach of the tenancy agreement by the landlord. This gives you the strongest position — you can issue a notice to remedy, and if not remedied, potentially terminate. (Source: Low & Partners; HHQ “Stranded in Strata”.)
- If the agreement says the tenant is responsible: you are obliged to pay service charges directly or through the landlord. If you have been doing so and the landlord has not passed the payments on, document all your payments and consult a lawyer.
- If the agreement is silent: the default legal position still places the liability on the owner under the SMA 2013, but you should seek legal advice before acting unilaterally.
Keep all receipts, bank statements and messages related to rent payments and any related charges. These form your evidence trail.
Your options: step-by-step
If you are a tenant whose landlord is not paying service charges and you are suffering collateral effects, here is the recommended sequence:
- Verify the arrears. Ask management (in writing) for a statement of outstanding charges and the period of default. Keep a copy of the response.
- Notify the landlord in writing. Write to the landlord (email and registered post) stating the problem, the impact on you, and that the landlord is in breach of the tenancy agreement (if that is what the agreement says). Set a reasonable deadline — typically 14 days — to remedy the breach. (Source: Low & Partners; HHQ.)
- Consider paying the arrears and deducting from rent (only if your agreement allows or you and the landlord agree in writing — see below).
- If unresolved, consider terminating the tenancy under the termination clause (see below).
- If you suffer loss (e.g. card unlawfully cut without notice, utility cut, locked out of unit), file a complaint with the COB and/or a claim at the Strata Management Tribunal or civil court against the party responsible.
- Document everything throughout: all communications, bank statements, notices, photos, and the dates of any access disruptions.
Tenant options comparison table
| Option | When to use it | Key condition | Risk |
|---|
| Issue notice to remedy to landlord | First response in all cases | Breach of tenancy agreement | Low; paper trail starts |
| Pay arrears & deduct from rent | Landlord is unresponsive; arrears are modest; you want to stay | Agreement allows it, or landlord consents in writing | Medium — get written consent or legal advice first |
| Terminate tenancy | Landlord refuses to remedy; access severely affected | Termination clause in agreement; notice period observed | Medium — must follow notice requirements exactly |
| COB complaint | Management acted unlawfully (cut utilities, locked out) | Management’s action must be outside SMA 2013 powers | Low; regulatory route |
| Tribunal/Court claim | Financial loss suffered; dispute not resolved | Depends on who is being sued and on what basis | Moderate — seek legal advice for claims exceeding RM50,000 |
Pay arrears and deduct from rent
One practical option — if the arrears are modest and you want to remain in the property — is to pay the outstanding service charges directly to management and then deduct the amount from your next rental payment.
Important conditions:
- This should only be done if your tenancy agreement expressly allows it, or if you have the landlord’s written consent to do so. Deducting from rent without authority could itself be treated as a breach of your tenancy.
- Obtain and keep a receipt from management for the payment, showing the amount, date, and unit number.
- Notify the landlord in advance (in writing) that you intend to make the payment and deduct it from rent, and send the receipt afterwards.
- If in any doubt, get legal advice before proceeding. (Source: Low & Partners; HHQ.)
Paying the arrears yourself can also restore your access card quickly while you deal with the landlord separately — which is often the most practical short-term fix.
Terminating the tenancy
If the landlord refuses to remedy the breach, or if the disruption to your access and enjoyment of the property is severe, you may have grounds to terminate the tenancy early. The right steps are:
- Check the termination clause in your tenancy agreement — it specifies the notice period (typically 1–3 months) and any conditions for early termination.
- Issue the landlord with a notice to remedy first (if you have not already), giving a reasonable deadline. This establishes the breach before you invoke the termination clause.
- If the breach is not remedied, serve the termination notice in accordance with the agreement’s requirements (in writing, correct notice period, correct address).
- Seek the return of your security deposit in full — you are terminating because of the landlord’s breach, not your own.
- If the landlord disputes the termination or withholds the deposit, you can pursue the matter at the Tribunal for Consumer Claims (for claims up to RM50,000) or the civil courts (for higher amounts). (Source: Low & Partners; HHQ “Stranded in Strata”.)
Do not abandon the property without following the correct procedure — doing so may expose you to a counterclaim from the landlord for unpaid rent or loss of rental income.
You cannot be locked out of your unit
This bears repeating because it is the most urgent protection for tenants in this situation: even if the access card for your unit has been deactivated, management cannot physically bar you from entering your parcel. You can still enter via the guardhouse or with security guard assistance for lift access. Locking an occupant out of their home is unlawful under Malaysian strata law, regardless of how much the owner owes. (Source: Low & Partners.)
If you are physically prevented from reaching your unit, this is an emergency. Demand access immediately, document the refusal in writing (or on video), and file a COB complaint the same day. You may also seek an urgent injunction from the courts if necessary.
For a full breakdown of what JMBs and MCs can and cannot do regarding access cards, parking, and utilities, see: Can JMB/MC Cut Your Access Card or Parking? →.
Tribunal, COB, and courts
Depending on the nature of your dispute, several forums are available:
- Commissioner of Buildings (COB) — regulatory body for strata properties. File a complaint here if management has acted unlawfully (e.g. cut utilities, deactivated card without notice, refused unit access). The COB can direct management to comply with the SMA 2013.
- Strata Management Tribunal — quasi-judicial body for disputes between owners/occupiers and management bodies. Can order restoration of services, award damages, make declarations. Filing fee is low; legal representation not mandatory. Best for disputes with the management body.
- Tribunal for Consumer Claims — for claims against the landlord up to RM50,000 (e.g. wrongful withholding of deposit, breach of tenancy).
- Civil courts — for claims exceeding RM50,000 or requiring injunctive relief. Legal representation strongly advised.
See also: JMB Complete Guide → and JMB Responsibilities & Duties →.
Sources & official references
⚠️ Questions about your tenancy situation?
WhatsApp ClickBina or consult the COB, the Strata Management Tribunal, or a qualified lawyer.