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Who is going to pay repair fee if not repair clause in tenancy agreement?

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13672666608
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Who is going to pay repair fee if not repair clause in tenancy agreement?

Post by 13672666608 » Tue, 13 Aug 2019 10:55 pm

Who is going to pay repair fee if not repair clause in tenancy agreement? The landlord or the tenant?

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Re: Who is going to pay repair fee if not repair clause in tenancy agreement?

Post by 13672666608 » Tue, 13 Aug 2019 11:11 pm

the agreement state "secure deposit shall be refundable at the end of the term after deductions for damages caused by the Tenant, if any" and without any safeguarding like minior repair. So I guess in this case the tenant is going to pay for all the repair fee otherwise landlord will deduct those fee from deposit directly?

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Re: Who is going to pay repair fee if not repair clause in tenancy agreement?

Post by PNGMK » Wed, 14 Aug 2019 10:03 am

In general common law terms:

1. Normal and Fair wear and tear is the landlord's responsibility - for example paint deterioration over 10 years, slightly scuffed walls and floors and counters, some water spotting in bathroom, mirror fading, curtain fading, blown light bulbs, general aging of the unit. You'll run into new landlords who expect the unit to be returned freshly painted with a re-polished floor/countertops and cleaned to be spotless - that's unreasonable UNLESS your TA calls for it in which case you have to do it.

2. Malicious damage, vandalism, damage caused by incorrectly operating appliances, cracked tiles or flooring damage cause by dropping things, chipped walls caused by bumping furniture into them, persistent smells caused by poor cooking practices, excessively worn appliances, bent or broken towel racks, scratched countertops where a cutting board has not been used, damaged stove tops from overflowing pots etc will be the tenants responsibility. Also important here is additional damage caused by tenants not being prompt in having repairs done (for example a broken water pipe causing a leak that over time damaged floors and cupboards). In addition damage that is due to poor cleaning or inadequate cleaning may also be considered (and in Singapore's case mould is a common problem caused by lack of cleaning). Drilling holes and putting up hooks is a case by case basis depending somewhat on the TA and commonsense.

3. Force majeure events and/or events caused by outside parties may be covered by other parties or insurance (for example earth quake damage or fire in the building would not be expected to be your problem - this also should apply to electrical damage caused by surges or spikes in the supply but can be hard to prove).

You need to decide what these damages are and then negotiate. Note that your TA may over-ride the common law aspect. Aircon's are a special case in Singapore quite often - if you have not maintained the unit as per the TA that can lead to a claim for replacing or repairing them as well.
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