ALTERNATIVE DISPUTE RESOLUTION MECHANISMS TO RESOLVE LANDLORD-TENANCY DISPUTES IN MALAYSIA

Abstrak

Due to the escalating house prices that are becoming increasingly unaffordable for many Malaysians, the private residential tenancies sector has now become a rapidly growing sector that provides an alternative avenue to homeownership. There is a lack of specific laws and institutions to regulate the relationship between landlords and tenants. Therefore, both parties often face challenges in resolving disputes which may result in eviction and thus, cause hardship. This article seeks to propose alternative dispute resolution (ADR) solutions for resolving disputes between landlords and tenants. It will explore the advantages and disadvantages of ADR as an appropriate dispute resolution mechanism. The dispute settlement mechanism for the private residential tenancies sector must be specifically designed, as litigation may not offer a win-win solution that is acceptable to all parties. Hence, it is crucial to explore potential alternative mechanisms that are speedier, more cost-efficient, and capable of preserving the relationship between the parties involved. This research employed the doctrinal method, analysing statutory provisions, court decisions, newspaper reports, ministry policy papers, and journal articles to support the use of ADR in resolving landlord-tenant disputes. Practices in New South Wales and Ireland were examined to identify best practices. By examining the benefits of ADR and the challenges faced in court actions, this article proposes that disputes between landlords and tenants can be amicably resolved using the ADR mechanism, especially in its recourse to mediation. The findings of the present study have indicated that mediation offers a practical and effective solution for resolving landlord-tenant disputes. It promotes fairness, efficiency, and relationship preservation in the private residential tenancies sector.