Statutory Rights of Hirer
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Langit CerahStatutory Rights of Hirer
Uploaded by
Langit CerahStatutory Rights of Hirer
1. Section 9(1) HPA: the hirer has a right to be supplied with documents and information
at any time before final payment by making written request to the owner.
At any time before final payment, the hirer has a right to request a copy of statement
showing the information on payment such as:
a. The amount paid to the owner by on behalf of the hirer
b. The amount which has become due but remain unpaid
c. The amount which is to become payable
d. The amount derived from interest on overdue instalment
The owner is required to comply within 14 days after the receipt of the request.
Failure to comply will render the agreement unenforceable by the owner. If the failure
continues for a period of one month, the owner is guilty of an offence and the owner
is liable to a fine not exceeding RM1000.
2. Section 10 HPA: right to appropriation of payment when there are more than one
agreement.
In case where hirer makes more than one agreement and payment made by the hirer is
insufficient to discharge total amount due under all the agreements, the hirer has the
right to require the owner to appropriate payment accordingly.
3. Section 11 HPA: right to apply for an order to remove the goods. In certain hire
purchase agreement, the hirer is bound to keep the goods in a specific place and he
cannot remove the goods to anywhere else without owner’s consent. If the owner
refused, the hirer can apply to the Magistrate Court for permission.
4. Section 12 HPA: the hirer has a right to assign his rights, title and interest under the
agreement to someone else with the consent of the owner. If the owner fail or refuse
to give his consent the hirer may apply to the High Court for an order declaring that
the consent of the owner is ‘unreasonable withheld’.
5. Section 13 HPA: right to pass the title, right and interest by operation of law to the
personal representative of the hirer on death or bankruptcy of the hirer. The personal
representative will be bound and has co comply with the terms of the hirer purchase
agreement.
6. Section 14 HPA: right to early completion of agreement by service of written notice
to the owner. The hirer has to pay the net balance due under the agreement.
7. Section 15 HPA: right to terminate the agreement at any time by returning the goods
to the owner during ordinary business hour at the owner’s place of business. Upon
returning the good to the owner, if the value of the goods is more than the balance
outstanding the hirer is entitle to the different.
