Malaysia legislation
Section 97
Section 97
(1)
All charges, other than rates or cesses, due for sewerage, sanitary, refuse removal and other services shall be recoverable from the owner and occupier, jointly and severally, of the premises in respect of which the services were rendered:
Provided that the owner shall, in the absence of any agreement to the contrary, be entitled to recover from the occupier of the said property at the time the services were rendered any such charges paid by him respect of the occupation of such occupier.
(2)
When any such charges shall remain unpaid for six weeks after the date on which written notice shall have been given by the Authority to the owner or occupier of the property of his indebtedness, the Authority may, at any time within twelve months after such date, proceed jointly and severally against such owner and occupier for the amount of such charges or any part thereof, and may recover the same from such owner or occupier as if the amounts due were rates in arrears.
(3)
Every such occupier shall be entitled to deduct from any rent or other amount payable by him to, or to recover by suit from, the owner of the premises any portion of such charges paid by or recovered from him under this section which the owner could not otherwise lawfully have required him to pay and the production of the receipts for such portion of such charges so paid by or recovered from such occupier shall be a good and sufficient discharge to the extent of the amount so paid or recovered as payment of rent or other amount due to the owner.
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(4)
Where such charges are being recovered by the Authority from the occupier of any premises, the Authority shall give written notice to the owner of such premises if such charges shall at any time remain outstanding for a period exceeding six weeks.
Rateable property not to be transferred while rates and other charges unpaid.