Representatives from various key organizations, including The Associated Chinese Chambers of Commerce and Industry of Malaysia (ACCCIM), Building Management Association of Malaysia (BMAM), Persatuan Pengurusan Kompleks Malaysia (PPK), and Real Estate Housing and Developers Association (REHDA), have voiced strong concerns regarding a recent statement from criminal investigation authorities. The statement suggested that property owners, Joint Management Bodies (JMBs), and security companies could be held liable if tenants are found to be operating scam call centers at rented premises, under the Penal Code for criminal conspiracy.
These associations, representing landlords, property owners, and management bodies, have expressed clear disagreement with this proposal. They argue that such a move could result in unintended consequences for property owners and management bodies, as they do not have the necessary tools, legal authority, or resources to effectively monitor or prevent criminal activities within rented spaces.
While these associations express full confidence in the expertise of criminal investigation authorities in uncovering and addressing illicit operations, they firmly believe that the responsibility for identifying and halting scam centers should rest entirely with law enforcement. The ability to detect and investigate scam centers requires specialized skills, knowledge, and investigative tools that go beyond the capabilities of landlords, property owners, and management bodies.
Standard tenancy agreements already include clauses that ensure tenants use the premises for legal and ethical purposes, with landlords granting tenants the right of quiet enjoyment and private use of the property. These agreements are built on the principle of good faith, outlining the obligations of both parties while minimizing opportunities for illegal activities.
Landlords and property owners do not have the legal authority to investigate criminal activities or enforce compliance within individual units. Thus, holding them accountable for illegal activities occurring within rented properties is both unreasonable and impractical. This situation mirrors a previous attempt to hold landlords responsible for other illegal activities, such as smuggling, gambling, and prostitution, which they had no means to control. On that occasion, the authorities ultimately withdrew the proposal after recognizing its impracticality.
The associations trust that the authorities will reconsider the proposal, recognizing the real and effective solutions to combatting scam operations. They urge that the focus remain on empowering the authorities to address and dismantle these criminal activities efficiently, rather than burdening property owners and management bodies with responsibilities beyond their control.
