Citation: [2020] 1 MLRA 122; 10 MLJ 506 Court: Court of Appeal, Putrajaya Judges: Hamid Sultan Abu Backer, Badariah Sahamid, and Mary Lim Thiam Suan JJCA Date of Judgment: 10 July 2019
1. Brief Background Facts
The appellants, a family of seven, were the residents and owners of unit C-14-1 at Flora Green Condominium, Selangor. The 1st to 4th respondents owned or had owned three penthouse units (C-P-1, C-P-2, and C-P-3) directly above the appellants. Between June and September 2013, the 1st respondent carried out extensive illegal renovations without local authority approval, partitioning the penthouses into numerous rooms to create a student hostel.
The appellants claimed these renovations caused physical damage to their unit, including cracks in the walls and ceilings, water seepage, and the leaking of sewage effluent. They also complained of excessive noise and vibrations occurring late at night and in the early morning hours, both from the construction and the subsequent high-density student occupation. The 5th respondent was the Management Corporation (MC) of the condominium. The High Court dismissed the appellants’ suit for nuisance and trespass, leading to this appeal.
2. Legal Issues
The primary issues before the Court of Appeal were:
- Trespass and Nuisance: Whether the trial judge erred in finding that the appellants had failed to prove their claims on a balance of probabilities.
- Landlord Liability: Whether the 1st to 4th respondents, as landlords, were legally liable for the nuisance caused by their tenants/lessees.
- MC’s Duties: Whether the 5th respondent (Management Corporation) had breached its statutory obligations to prevent nuisance and regulate the building’s use.
3. Court’s Holding and Reasoning
The Court of Appeal unanimously allowed the appeal, setting aside the High Court’s decision.
A. Proof of Trespass and Nuisance The Court found “overwhelming evidence” that the illegal renovations and high-density occupation caused actionable harm. Independent evidence from the local authority (MPKJ) corroborated the existence of unapproved partitions and the resulting physical damage, such as sewage seepage and wall cracks. The Court held that the noise generated by the student hostels was of such volume and persistence that it exceeded objective standards of reasonableness for a residential property.
B. Liability of Landlords for Tenants The Court ruled that under the Strata Management Act 2013, property owners (landlords) remain responsible for nuisance caused by third parties occupying their parcels. The respondents were held liable because they had specifically instructed and authorized the partitioning of the units to create the hostel environment, making the resulting nuisance a foreseeable consequence of the letting.
C. Breach of Duty by the Management Corporation The Court found that the 5th respondent (MC) failed to satisfactorily discharge its duties. Despite repeated complaints, the MC condoned the illegal partitions and failed to stop the 1st to 4th respondents from turning residential units into hostels, thereby breaching its statutory responsibility to ensure the peaceful enjoyment of all owners.
4. Award of Damages
The Court awarded the following damages to the appellants:
- 1st Respondent: RM50,000.00.
- 2nd to 4th Respondents: RM20,000.00 each.
- 5th Respondent: RM10,000.00.
- Interest: 5% per annum from the date of the High Court judgment until realization.
5. Conclusion
The Court concluded that the appellants’ case was supported by contemporaneous documentary evidence and witness testimony that the trial judge had overlooked. The ruling clarified that in communal strata living, landlords cannot escape liability for nuisance by simply pointing to their tenants, especially when they have facilitated the nuisance through illegal structural changes.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified Advocate & Solicitor for your specific legal needs.
