Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges

One of the main duties of the housing developer under the statutory sale and purchase agreement is to complete the construction of the house on time. Schedules G and H of the Housing Development (Control and Licensing) Act 1966 provides that the period of completion and handling over vacant possessi...

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Main Authors:	Amin, Naemah, Kassim, Salina, Sufian, Azlinor
Format:	Conference or Workshop Item
Language:	English English
Published:	2013
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/34889/ http://irep.iium.edu.my/34889/ http://irep.iium.edu.my/34889/1/APNHR_-_DR_NAEMAH_AMIN.pdf http://irep.iium.edu.my/34889/5/34889.Pdf

id	iium-34889
recordtype	eprints
spelling	iium-348892015-11-23T03:36:31Z http://irep.iium.edu.my/34889/ Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges Amin, Naemah Kassim, Salina Sufian, Azlinor K Law (General) One of the main duties of the housing developer under the statutory sale and purchase agreement is to complete the construction of the house on time. Schedules G and H of the Housing Development (Control and Licensing) Act 1966 provides that the period of completion and handling over vacant possession for landed property is 24 months and for sub-divided building is 36 months. However in practice, very rare buyers get the keys to their houses on time. According to clause 20(2) of Schedule G, the buyer is entitled to claim for Liquidated Ascertained Damages (LAD) for the delay in completion. It is a statutory remedy to compensate the buyer for the failure of the developer to fulfill his obligation under the agreement to hand over vacant possession on a specific date. The LAD should be calculated from day to day at the rate of 10% per annum of the purchase price. However claiming the LAD is not as simple as it supposed to be since most of the time the developer refuses to pay the LAD for various reasons. Thus a claim for LAD needs to be filed in the court or the Tribunal for Homebuyer Claims. Nonetheless winning the case does not guarantee that the buyer will receive the compensation. Adopting a qualitative method of content analysis, this paper aims to examine various legal issues and challenges faced by consumers in claiming damages for late delivery of vacant possession. The paper also explores possible solutions to existing flaws in the law and practices. 2013 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/34889/1/APNHR_-_DR_NAEMAH_AMIN.pdf application/pdf en http://irep.iium.edu.my/34889/5/34889.Pdf Amin, Naemah and Kassim, Salina and Sufian, Azlinor (2013) Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges. In: Asia Pacific Network for Housing Research Conference (APNHR 2013), 20-22 August 2013, Universiti Malaya. http://www.apnhr2013.com/p/other-themes.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Amin, Naemah Kassim, Salina Sufian, Azlinor Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges
description	One of the main duties of the housing developer under the statutory sale and purchase agreement is to complete the construction of the house on time. Schedules G and H of the Housing Development (Control and Licensing) Act 1966 provides that the period of completion and handling over vacant possession for landed property is 24 months and for sub-divided building is 36 months. However in practice, very rare buyers get the keys to their houses on time. According to clause 20(2) of Schedule G, the buyer is entitled to claim for Liquidated Ascertained Damages (LAD) for the delay in completion. It is a statutory remedy to compensate the buyer for the failure of the developer to fulfill his obligation under the agreement to hand over vacant possession on a specific date. The LAD should be calculated from day to day at the rate of 10% per annum of the purchase price. However claiming the LAD is not as simple as it supposed to be since most of the time the developer refuses to pay the LAD for various reasons. Thus a claim for LAD needs to be filed in the court or the Tribunal for Homebuyer Claims. Nonetheless winning the case does not guarantee that the buyer will receive the compensation. Adopting a qualitative method of content analysis, this paper aims to examine various legal issues and challenges faced by consumers in claiming damages for late delivery of vacant possession. The paper also explores possible solutions to existing flaws in the law and practices.
format	Conference or Workshop Item
author	Amin, Naemah Kassim, Salina Sufian, Azlinor
author_facet	Amin, Naemah Kassim, Salina Sufian, Azlinor
author_sort	Amin, Naemah
title	Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges
title_short	Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges
title_full	Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges
title_fullStr	Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges
title_full_unstemmed	Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges
title_sort	claiming damages for late delivery of vacant possession: an overview of legal issues and challenges
publishDate	2013
url	http://irep.iium.edu.my/34889/ http://irep.iium.edu.my/34889/ http://irep.iium.edu.my/34889/1/APNHR_-_DR_NAEMAH_AMIN.pdf http://irep.iium.edu.my/34889/5/34889.Pdf
first_indexed	2023-09-18T20:50:10Z
last_indexed	2023-09-18T20:50:10Z
_version_	1777409941182611456

Claiming damages for late delivery of vacant possession: an overview of legal issues and challenges

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