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Showing posts with label police report. Show all posts
Showing posts with label police report. Show all posts

Monday, December 11, 2023

Tenancy tales of horror, Cops may go after landlords who rent units to criminals; owners had the right to do monthly inspection, Law needed to lay out rights, responsibilities

Tenancy tales of horror - Sad state of affairs: A house owner checking the condition of his house after a tenant moved out in Puchong. — FAIHAN GHANI/The Star


PETALING JAYA: A businesswoman got the shock of her life when she received a call from the police asking her to go to her posh KLCC-facing condominium.

“When I arrived, I was stunned to see the unit in a wreck and that an illegal gambling centre had been operating from there.

“It was a nightmare. I had to go to the police station several times for my statement to be recorded.

“Not only that, I had to fork out a lot of money to clean up and repair my unit,” said the woman, who wanted to be known only as Shima.

She had not suspected anything amiss because her tenant – who claimed to be an engineer – was always prompt with his rent.

“This incident has given me a lot of anguish and stress. My unit has been empty for two years now. I just don’t dare rent it out again,” said the mother of two.

Shima admitted that she had not checked on her unit after renting it out as she respected her tenant’s privacy

A senior journalist was happy when he rented out his house to a young couple with two kids in May last year.

Everything had looked fine in the beginning, but things started to go wrong a few months into the tenancy.

The rent payment was erratic, with no money coming for several months, and when he decided to end the tenancy agreement, he was shocked to find that they had defaulted on the utility bills.

“They seemed like a decent couple with two young children when they first moved in, in May 2022. But after three months, the problems began.

“Every time, I called them for the payment, they had excuses. Business was slow, someone had died, someone was sick.

“In February this year, there was one payment and none after that. I waited until August before finally telling them to leave. They left in early November,” said the 65-year-old Penangite, who is based in the Klang Valley.

When he repossessed the house, it was in a total mess.

“The toilets were broken and dirty, with caked soap on everything. There were nails everywhere. The wiring was badly damaged.

“There were rats living in the house compound. It cost me close to RM5,000 to repaint and repair to make it look like a decent home again,” he fumed.

What was worse, he added, was the unpaid electricity bill since November 2022.

“Why was there no action taken by the utility company? I had to pay up as I could not trace the couple and they would not answer my calls.

“The water bill was also unpaid for at least six to seven months. After they vacated the house on Nov 21, Air Selangor sent a notice of disconnection if I did not pay up.

“So, I lost easily seven to eight months of rent money, and had to fork out another RM6,000 for bills and repairs. Now, I am very cautious about who I rent my house to or even if I should even rent it out at all,” he said.

Another apartment owner, who wanted to be known only as Zulkifli, no longer wishes to rent out his unit in Tanjung Bungah, Penang, after a bad experience a few years ago.

“I rented out my unit to a childless couple in 2015. They seemed nice and both were professionals.

“Their rent payment was good initially, but arrears started to pile up in the second year of their tenancy.

“After failing to pay the rental for two successive months, they suddenly moved out at the end of 2016,” he said.

Zulkifli, 40, said although he could offset the outstanding rental from their deposit, his unit was in a shambles.

“Most of the furniture was broken and the place was so dirty,” he said. 

Cops may go after landlords who rent units to criminals


KUALA LUMPUR: Police want landlords who rent out their houses or apartments to criminals, including scam syndicates, to be held accountable.

Bukit Aman Commercial Crime Investigation Department (CCID) director Comm Datuk Seri Ramli Mohamed Yoosuf said they are pushing for the possibility of putting the liability on the owners.

“We have encountered many cases where such houses and apartments are being used as scam call centres.

“Recently, we detained more than 20 scammers, who rented several houses to operate as call centres.

“This has to stop,” he said in an interview yesterday.

Comm Ramli said while some syndicates are willing to pay a high rate of rent, owners and property agents must look past making a profit.

“Some syndicates are willing to pay up to six months in advance in rent but rationally, the owner or agent must think there is something wrong somewhere.

“In some instances, the syndicates would place 65 people in several housing units, in other instances, 20 people,” he said.

Kuala Lumpur police chief Comm Datuk Allaudeen Abdul Majid said most of the scam call centres raided in the city were located in luxury condominiums and apartments.

“It is bewildering that such criminals were allowed to operate in such prestigious locations, when in fact, it would be hard for regular people to even enter the premises.

“I have also instructed KL CCID to step up operations against the call centres in the city,” he said.

So far, KL CCID had conducted 1,311 raids on online crime syndicates in the city, he added.

“We have detained 855 people for their involvement in scam call centres between January and September this year.

“In the past two months, some 20 raids were conducted and 342 people were arrested,” he said.

Universiti Sains Malaysia criminologist Datuk Dr P. Sundramoorthy said landlords must be proactive and take full responsible for the action of their tenants.

“As the owner, your responsibility is not solely about rental. You are liable for the behaviour and action of your tenant,” he said, adding that owners had the right to do monthly inspection but without violating too much of their tenants’ privacy.


Law needed to lay out rights, responsibilities

 
 

PETALING JAYA: It is time to push for the tabling of the Residential Tenancy Act (RTA) to better clarify the responsibilities of landlords and tenants, say property agents.

Malaysian Institute of Estate Agents president Tan Kian Aun said the country needs more specific legislation on tenancy agreements, adding that the current situation often left landlords and tenants without a clear legal framework on their rights and responsibilities.

“The proposed RTA aims to regulate and standardise the relationship between landlords and tenants,” he said in an interview.

The Act, said Tan, would serve as a comprehensive guide, eliminating the need for individual tenancy agreements that often resulted in varied terms and conditions.

“Unlike the existing practice, the Act would set standardised rules, specifying legal and illegal activities for tenants and landlords.“This would address illegal activities, immoral behaviour and law violations within the rented premises,” he said.

On March 29, 2023, Deputy Local Government Development Minister Akmal Nasrullah Mohd Nasir told Parliament that the RTA, which is aimed at addressing rental property issues, would be tabled in Parliament next year.

The ministry, he said, is currently conducting a study on drafting the Act.

Tan said currently, there is also no specific legal provision for authorities like the police to intervene in cases of tenancy disputes, which would typically fall under civil jurisdiction, requiring the affected parties to pursue legal action for breach of contract.

The Act, he said, should also empower the relevant authorities to take appropriate action in cases of criminal activities.

Before the RTA comes into effect, Tan suggested landlords engage with tenants to first establish evidence that they are unaware of any illegal activity or “alternate uses” of their property.

“When tenants inquire about permission for activities such as gambling, landlords must refuse and retain evidence of their conversation. We often advise landlords to do this to protect their rights,” he said.

Property agents also play a crucial part by conducting thorough background checks on tenants, such as criminal records and solvency to ensure that they are not bankrupt, he added.

“We also verify employment status, request documentation such as visas and employment letters for foreigners, and scrutinise income details,” he said.

Lawyer Eric Choo advised landlords to protect themselves by ensuring that their tenancy agreements explicitly state the purpose of property use as well as the prohibition of illegal activities.

“These crucial clauses, typically included in tenancy agreements prepared by qualified lawyers, help safeguard landlords from being implicated in any criminal activities carried out on their premises,” he said.

Landlords, stressed legal counsel Marcus Tan, must lodge a police report upon discovering that tenants had been using their property for criminal activities.

“Failure to do so may result in the landlord being perceived as part of or even abetting the criminal activities.

“Without a formal tenancy or lease agreement, landlords may struggle to explain the situation to the police, potentially leading to suspicion and legal complications.

In Penang, state local government committee chairman Jason H’ng Mooi Lye said action could be taken against bad tenants under Section 70 (12) of the Road, Building and Drainage Act 1974.

“They need to be given 30 days to move out. If they fail to comply, they can be hauled up to court.”



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Landlords and tenants must take care of their rental properties

 

Friday, December 1, 2017

Forex losses by Bank Negara Malaysia, Facts were concealed; Mahathir, Anwar and Nor Mohamed implicated: RCI

Important report: RCI Secretary Datuk Dr Yusof Ismail speaking to media after submitting a police report over Bank Negara forex trade losses in Putrajaya.

THE Royal Commission of Inquiry into the foreign exchange losses suffered by Bank Negara Malaysia (BNM) back in 1990s has recommended that three people be probed over their involvement and liability.

They are former prime minister Tun Dr Mahathir Mohamad, his then finance minister Datuk Seri Anwar Ibrahim and ex-Bank Negara advisor Tan Sri Nor Mohamed Yakcop, whom the report also named as “principally liable for criminal breach of trust”.

The 524-page report also called out Tun Daim Zainuddin, who served as finance minister from July 14, 1984 to March 15, 1991, for having aided and abetted Nor Mohamed by leaving BNM “to its own devices”.

The commission found that the Cabinet in the 1990s was not given the full picture by Anwar on the forex losses, adding that he had “deliberately concealed facts and information and made misleading statements”.

“The Commission is of the opinion that there was deliberate concealment as BNM’s annual reports did not state the actual losses incurred from the forex dealings from 1992 to 1994.

“It is also of the opinion that the then prime minister (Dr Mahathir) had condoned the actions of the finance minister,” it said.

The RM31.5bil losses, it said, were hidden using “unconventional accounting treatments”, such as booking losses to reserves in the balance sheet and the absorption of the remaining losses by the transfer of shares from the Government to BNM as well as the creation of a “Deferred Expenditure” to be repaid in instalments over a decade.

“All the actions to conceal the losses were discussed and approved by the board of directors before the accounts were signed off by the Auditor-General.

“No further action was taken by the Finance Minister and Treasury secretary-general (as a board member) despite being informed by the Auditor-General on the losses and the unusual accounting treatments,” said the report.

Anwar, noted the Commission, had been informed about the actual forex losses suffered by BNM.

Dr Mahathir, it said, was informed by Anwar together with then Treasury deputy secretary-general Tan Sri Clifford Francis Herbert in late 1993 that BNM had suffered estimated losses of RM30bil on the forex dealings for 1992 and 1993.

However, in the extract of minutes from three Cabinet meetings on March 30, April 6 and 13 in 1994, Anwar had made “no mention of the actual losses of RM12.3bil for 1992 and RM15.3bil for 1993.”

Anwar had chaired the March 30 meeting as the deputy prime minister. The losses for 1993 were reported as RM5.7bil.

“The prime minister, who chaired the meeting on April 6, did not correct or offer more information when the forex losses for 1993 were recorded as only RM5.7bil,” it pointed out.

“The Commission is of the view that it is the finance minister’s responsibility to inform the Cabinet the significant financial affairs about BNM as the Cabinet has collective responsibility with the finance minister and the prime minister for the country’s affairs.”

Dr Mahathir, it said, claimed to have no knowledge of the real amount of losses, which was untenable with his meticulous nature, as well as that under the law, BNM was the banker and financial agent to the Government with the remainder of its net profit to be paid into the Federal Consolidated Fund.

The report said as pointed out by Herbert, he had expected Dr Mahathir to be outraged but his reaction was quite normal with him uttering “sometimes we make profit, sometimes we make losses”.

“His reaction to and acceptance of the huge forex losses suggest that he could have been aware of the forex dealings and its magnitude,” said the report.

The RCI also found Dr Mahathir’s claim that he could only remember the amount of RM5bil forex losses when informed about it in a meeting with Anwar and Herbert in late 1993 to be “questionable”.

It said this was because based on testimonies of other witnesses and documentary evidence, the RM5.7bil only surfaced when Bank Negara’s 1993 annual report was presented to the Cabinet on March 30, 1994.

“Despite his denials, the Commission is of the opinion that a thorough investigation should be carried out to determine the extent of his involvement and liability,” said the report.

By Martin Carvalho, Hemananthani Sivanandam, Loshana K. Shagar, and Rahmah Ghazali The Star

Police set up taskforce to probe possible criminal offences over Bank Negara's forex losses

Inspector-General of Police Tan Sri Mohamad Fuzi Harun says police will open investigation paper following a report that was lodged by Royal Commission of Inquiry (RCI) secretary Datuk Dr Yusof Ismail. (Image is for illustration purpose only).

KUALA LUMPUR: Police have set up a taskforce to investigate possible criminal breach of trust and cheating which may have been committed during Bank Negara Malaysia’s foreign exchange losses in 1990s

Inspector-General of Police Tan Sri Mohamad Fuzi Harun said police would open investigation paper as the forex Royal Commission of Inquiry (RCI) had lodged a police report this afternoon.

“A taskforce has been formed and it will lead the investigation. We are investigating the case under Section 409 of the Penal Code for criminal breach of trust,” he told the New Straits Times when contacted.

RCI’s secretary Datuk Dr Yusof Ismail, who is the Finance Ministry Strategic Investment Division director, had lodged a report at Putrajaya police headquarters at 4.10pm asking police to start an official investigation.

In the police report, it was stated that those who were involved in the alleged wrongdoings were Bank Negara Malaysia (BNM) officers, BNM Board of Members, National Audit Department, Finance Ministry and the prime minister who served during the period.

Royal Commission of Inquiry (RCI) secretary Datuk Dr Yusof Ismail seen leaving the Putrajaya police headquarters after lodging a report. Pic by AHMAD IRHAM MOHD NOOR
The RCI, in its 528-page report that was tabled in Parliament today, said it believed that Datuk Seri Anwar Ibrahim, who was Finance Minister at the time, had misled the government and concealed the actual losses suffered by BNM.

RCI also said it believed that the prime minister at the time, Tun Dr Mahathir Mohamad, had approved Anwar’s “misleading statements”.

The commission also revealed that the losses were far larger than that what was initially reported by the central bank, RM31.5 billion as against RM5.7 billion, in the period of three years.

Yusof spent almost 40 minutes at the police headquarters and later spoke to reporters who were waiting outside.

He said in the report, the commission had requested the police to start a official investigation on the possible criminal breach of trust, forgery and other wrongdoings which may have been committed during the forex activities.

"Our report is basically requesting the police to start investigation and for the Attorney-General Chambers to take action based on the findings by the police," he said.

Putrajaya OCPD Asst Comm Rosly Hassan who confirmed that the report was made, said a special unit in Bukit Aman would investigate the case.

By TEOH PEI YING and HASHINI KAVISHTRI KANNAN New Straits Times


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PROBE NOR MOHAMED, DR Mabatbjr, ANWAR - PressReader

It recommends that they be investigated for possible CBT, fraud

FILE PIC
Former finance minister Tun Daim Zainuddin after giving his statement to the Royal Commission of Inquiry in September.
THE RCI believes Datuk Seri Anwar Ibrahim had concealed Bank Negara’s actual forex losses from the cabinet, and that Tun Dr Mahathir Mohamad condoned his actions. The panel, in confirming that RM31.5 billion was lost, says there are grounds to investigate them for criminal breach of trust and fraud.

THE Royal Commission of Inquiry (RCI) into Bank Negara Malaysia’s (BNM) foreign exchange (forex) losses in the 1990s has recommended investigations against former prime minister Tun Dr Mahathir Mohamad and his one-time deputy, Datuk Seri Anwar Ibrahim.

The RCI, in its 528-page report that was tabled in the Dewan Rakyat yesterday, said the duo had concealed facts from the cabinet.

It also recommended that Dr Mahathir and Anwar be investigated for criminal breach of trust and fraud.

“There is a basis for an official police investigation into BNM board of directors, National Audit Department, then finance minister and prime minister for criminal breach of trust and fraud in the performing of the speculative forex transactions and in hiding the losses from the cabinet and Parliament,” the report said.

Former BNM adviser Tan Sri Nor Mohamed Yakcop was also implicated as the commission found that he was responsible for the billions of ringgit in losses.

RCI had recommended that Nor Mohamed be investigated for alleged criminal breach of trust and for allegedly contravening the Central Bank Ordinance 1958.

The commission also found that former finance minister Tun Daim Zainuddin had allegedly abetted Nor Mohamed. Daim was finance minister until 1991 before he was replaced by Anwar.

BNM lost RM31.5 billion in forex trading between 1992 and 1994. Nor Mohamed was in charge of several portfolios in BNM at the time, including the management of external reserves.

BN and Opposition reps at loggerheads over report - Nation

RCI says Dr M helped in concealing RM31.5bil forex losses 

RCI says Dr M helped in concealing RM31.5bil forex losses ...

'Probe Nor Mohamed for possible CBT' - Nation

Royal commission recommends CBT probe on Nor Mohamed over ..

RCI: Daim abetted Nor Mohamed in committing CBT | Free Malaysia ...

Royal commission recommends criminal probe against Anwar ...


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