LANDLORD’S LIABLITY TO THE POWER PROVIDER FOR LOSS OF REVENUE THROUGH TAMPERING OF ELECTRICITY METER BY THE TENANT

Authors

  • Abdul Rani bin Kamarudin Legal Practice Department, Ahmad Ibrahim Kulliyyah of Law, International Islamic University Malaysia
  • Afridah binti Abbas Legal Practice Department, Ahmad Ibrahim Kulliyyah of Law, International Islamic University Malaysia
  • Duryana Mohamed Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia

Keywords:

cause of action, third party proceeding & estoppel, meter tampering

Abstract

Occasionally, if not often than not, the Landlord will by hook or by crook discover that his tenant is guilty of meter tampering to evade paying the prescribed rate amount of his electricity usage to the power provider (licensee). Though meter tampering is an offence, as far as the tenancy agreement is concerned, the tenant may have breached the condition, of if not the warranty of his tenancy agreement with the landlord which may prompt the landlord to terminate the tenancy with the tenant. The question remains whether the Landlord is liable to the licensee for the unaccounted amount of bill which has been evaded due to the tampering of the electricity meter by the tenant. This article intends to address this issue through analysis of relevant statutory laws and recently decided cases.

References

Electricity Supply Act 1990 (Act 447)

Evidence Act 1950 (Act 56)

Contracts Act 1950 (Act 136).

Rules of Court 2012.

Malayan Law Journal.

Malaysia Current Law Journal.

Malaysia Industrial Law Report.

Published

2020-04-17