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Misconception of Private Lease Schemes in Malaysia: Examining the Conflict with the Housing Development (Control and Licensing) Act 1966 in Malaysia

Author

Listed:
  • Noraziah Abu Bakar

    (Faculty of Law, Universiti Teknologi MARA, Malaysia)

  • Ruzita Azmi and

    (Universiti Utara Malaysia & Messrs Abu Talib Shahrom, Advocates & Solicitors, Malaysia)

  • Hariati Fairuz Nordin

    (Universiti Utara Malaysia & Messrs Abu Talib Shahrom, Advocates & Solicitors, Malaysia)

Abstract

The emergence of private lease schemes in Malaysia, where developers offer leasehold interests rather than full ownership of residential properties, has raised significant legal concerns, particularly in relation to the statutory duties imposed on developers under the Housing Development (Control and Licensing) Act 1966 (HDA 1966). This paper examines the legal implications of such schemes, focusing on potential misrepresentation by developers and the conflict between these emerging practices and the legal requirements under the HDA 1966, which mandates the transfer of ownership rather than leasehold interests. The research explores the statutory obligations of developers under the HDA 1966 and evaluates how the practice of offering leasehold interests instead of ownership may mislead homebuyers regarding their rights to the property. Through qualitative analysis, including case law review and legal interpretation, the paper highlights the gap between existing regulatory frameworks and the practices of developers, providing insights into the potential risks for consumers. The findings suggest that while current laws provide some consumer protection, there are significant gaps in enforcement, and recommendations for legal reforms are proposed to address these emerging issues, ensuring better alignment between developer practices and statutory requirements. This research contributes to the understanding of property law in Malaysia and suggests practical solutions for improving consumer protections in the housing sector.

Suggested Citation

  • Noraziah Abu Bakar & Ruzita Azmi and & Hariati Fairuz Nordin, 2025. "Misconception of Private Lease Schemes in Malaysia: Examining the Conflict with the Housing Development (Control and Licensing) Act 1966 in Malaysia," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(8), pages 3320-3330, August.
    • Handle: RePEc:bcp:journl:v:9:y:2025:issue-8:p:3320-3330
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    References listed on IDEAS

    as
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    2. ., 2019. "The economic art of public-private partnerships," Chapters, in: The Logic of Public–Private Partnerships, chapter 4, pages 85-136, Edward Elgar Publishing.
    3. ., 2019. "Market development and public-private partnerships," Chapters, in: The Logic of Public–Private Partnerships, chapter 5, pages 137-160, Edward Elgar Publishing.
    4. Boubakri, Narjess & Guedhami, Omrane & Kwok, Chuck C.Y. & Wang, He (Helen), 2019. "Is privatization a socially responsible reform?," Journal of Corporate Finance, Elsevier, vol. 56(C), pages 129-151.
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