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Tenancy agreements/leases and your rights as a tenant

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engonaplane
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Re: Tenancy agreements/leases and your rights as a tenant

Post by engonaplane » Tue, 09 Apr 2019 7:51 pm

x9200 wrote:
engonaplane wrote:Need some guidance. My existing flat lease is from June 1 2017 to May 31 2019.
Can you please quote from your TA how exactly this is phrased?
Sure

Original TA (All typed up as I had an agent representing me then)
The Landlord agrees to let and the Tenant agrees to take all that premises situated at and known as <address> (hereinafter called "the said premises") together with the furniture, fixtures and fittings therein belonging to the Landlord as specified in the Schedule annexed hereto (hereinafter called "the said furniture, fixtures and fittings") TO HOLD the same unto the Tenant from the 1st June 2017 to 31st May 2019 for a term of Two (2) years (hereinafter called "the said term") or until tenancy shall be earlier terminated as hereinafter provided, at the monthly rental of Singapore Dollars <amount> (hereinafter called "the said rent") compromising of:
Renewal TA is on a famous company template, with the dates handwritten in. We went direct as my wife was not happy with the service of our agent, and to save a couple of bucks on the commission Starting to bite us.
The Landlord agrees to let and the Tenant agrees to take all the property known as <address> (hereinafter called "the said premises") together with the furniture, fixtures and fittings therein belonging to the Landlord as specified in the Schedule annexed hereto (hereinafter called "the furniture") TO HOLD the same unto the Tenant from the 31st May 2019 to 30th May 2020 for a term of One Year (12) months at the rent of Singapore Dollars <amount> per month compromising :-
My challenge is the landlord agent is a veteran, and has said this is the usual practice, and I "can check". His POV is that I am suppose to move out May 31 2019, and thus my renewal lease must start on the same day so that I can stay on May 31 2019.....

My own POV aligns exactly with Strong Eagle.. that I am entitled to be in the house until 31st May 23:59 based on the original TA.

Let's see.

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x9200
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Re: Tenancy agreements/leases and your rights as a tenant

Post by x9200 » Tue, 09 Apr 2019 9:30 pm

I was hoping to see the word "inclusive". The problem is such phrasing is ambiguous, but you can always argue that 2 years is 2x365 days (2017 was a leap year but you started in May :D ) so it should be 31st May inclusive.

As of the "usual practice" this is indeed BS in that sense that means nothing. Veteran or not, the usual practice is to answer any question and doubts saying that this is standard/usual practice/clause/whatever. Usual practice is to eat chicken rice, yet this does not imply you may not eat pickled cucumbers. In other words, you may ignore it and insist on having it your way.
The agents most often don't really comprehend the TAs in any more serious depth so they try to act conservatively preserving the content and minimize the risk on their side.

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norbert.scheunemann
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Re: Tenancy agreements/leases and your rights as a tenant

Post by norbert.scheunemann » Wed, 17 Jul 2019 2:24 pm

Hi wonder if any comments from someone as subject would have come up many times before:
Our landlord wants to charge SGD 5000 flat fee for repairs (no breakdown of costs, biggest item is painting entire apartment whereas only small stains on two walls after 1,5 yrs)
I negotiated down from 7500 SGD
One week extra rent for repairs, but landlord states new tenant does not move in for another 3 weeks (hence no idea why)
My agent seems kind of useless so left to my own devices....any thoughts on this?
Many Thanks !!

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Re: Tenancy agreements/leases and your rights as a tenant

Post by PNGMK » Wed, 17 Jul 2019 3:04 pm

norbert.scheunemann wrote:
Wed, 17 Jul 2019 2:24 pm
Hi wonder if any comments from someone as subject would have come up many times before:
Our landlord wants to charge SGD 5000 flat fee for repairs (no breakdown of costs, biggest item is painting entire apartment whereas only small stains on two walls after 1,5 yrs)
I negotiated down from 7500 SGD
One week extra rent for repairs, but landlord states new tenant does not move in for another 3 weeks (hence no idea why)
My agent seems kind of useless so left to my own devices....any thoughts on this?
Many Thanks !!
Why would you be paying AT ALL for what looks like fair wear and tear? You're ONLY obligated to repair or replace items broken deliberately or by negligence such as a kicked in door or smashed in mirror.
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Re: Tenancy agreements/leases and your rights as a tenant

Post by norbert.scheunemann » Wed, 17 Jul 2019 3:23 pm

I know ! We have an agreed list of smaller items to fix and no issue in paying through his contractor if he provides estimate or mine but all I got was a lumpsum amount with no way of knowing what it's for.

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Re: Tenancy agreements/leases and your rights as a tenant

Post by PNGMK » Thu, 18 Jul 2019 12:37 pm

Then don't pay. When the LL inevitably tries to illegally withhold your deposit take him to the SCT. The magistrate will ask for details of the damages the LL claims and you can counter claim.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
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Re: Tenancy agreements/leases and your rights as a tenant

Post by funkyfresh » Sun, 17 Nov 2019 10:14 pm

Hi, I was on a 2 year contract with my previous LL for a common room in a condo. I had handed over the keys to the LL and agent the agreed date. They had checked on the room condition during the handover when I moved out. 2 days later there's a new tenant that took over me and found some wear and tear(wardrobe skin peeling and cabinet drawer not closing fully) since I handed over

1. Would I still be liable/responsible for any repair cost after the handover?
2. When the LL hold the security deposit for 14 days, does he have the right to deduct any repair cost from it, it doesn't states anything on that part in the tenancy agreement?

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Re: Tenancy agreements/leases and your rights as a tenant

Post by leekxted » Fri, 22 Nov 2019 8:32 am

funkyfresh wrote:
Sun, 17 Nov 2019 10:14 pm
Hi, I was on a 2 year contract with my previous LL for a common room in a condo. I had handed over the keys to the LL and agent the agreed date. They had checked on the room condition during the handover when I moved out. 2 days later there's a new tenant that took over me and found some wear and tear(wardrobe skin peeling and cabinet drawer not closing fully) since I handed over

1. Would I still be liable/responsible for any repair cost after the handover?
2. When the LL hold the security deposit for 14 days, does he have the right to deduct any repair cost from it, it doesn't states anything on that part in the tenancy agreement?
You are no longer liable! The handover was already done, the handover is the LL's last chance to clarify matters related to damage. Also, wear and tear is reasonable and shouldn't be expected of you to pay for.

The contract should say "reasonable wear and tear expected" somewhere so you shouldn't be liable to pay for this. Hope this helps :D

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Re: Tenancy agreements/leases and your rights as a tenant

Post by PNGMK » Wed, 18 Dec 2019 9:00 am

Go to court.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
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Re: Tenancy agreements/leases and your rights as a tenant

Post by Amerigo » Sat, 21 Mar 2020 2:53 pm

Hi all, I need an advice. Here my situation

I have a 2 years lease ending on 27 July 2021. I just received the news that my company will move me elsewhere and I communicated with a written note and evidence of my transfer to my LL on 19 March that I will be leaving the apartment on 20 May, therefore giving the full 2 months notice.

Today the agent wrote me that I need to pay my rent up to September 2020 plus her agent fee making the total a whopping amount equal to 5 month rent (rent of June, July, August, September plus her fee) because I am breaking the contract earlier.

Below the pertaining contract clause:

"Notwithstanding the tenancy is for a term of one -year from the -28!l
day of July 2019, it may only be determined
after a period of 12 months by the Tenant giving lo the Landlord Two (2) calendar months notice in writing of the Tenant's intention lo end the tenancy or Two (2) months' rent in lieu oi such notice if the Tenant shall be required to leave Singapore€ permanently on a job transfer or is required by the relevant authorities to leave Singapore or ii the employment of the said Tenant or its employee is terminated for any reason whatsoever. Provided always that the said written notice shall be accompanied by documentary evidence proving the event relied upon by the Tenant in the said written notice"

Is there any way I can appeal to that?

Thanks in advance to those of you who might be able to help me

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Re: Tenancy agreements/leases and your rights as a tenant

Post by sundaymorningstaple » Sat, 21 Mar 2020 5:16 pm

Did you sign it? If yes, I assume you already know the answer. It's a pretty standard Dip Clause.

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Re: Tenancy agreements/leases and your rights as a tenant

Post by Amerigo » Sun, 22 Mar 2020 3:47 pm

Amerigo wrote:
Sat, 21 Mar 2020 2:53 pm
Hi all, I need an advice. Here my situation

I have a 2 years lease ending on 27 July 2021. I just received the news that my company will move me elsewhere and I communicated with a written note and evidence of my transfer to my LL on 19 March that I will be leaving the apartment on 20 May, therefore giving the full 2 months notice.

Today the agent wrote me that I need to pay my rent up to September 2020 plus her agent fee making the total a whopping amount equal to 5 month rent (rent of June, July, August, September plus her fee) because I am breaking the contract earlier.

Below the pertaining contract clause:

"Notwithstanding the tenancy is for a term of one -year from the -28!l
day of July 2019, it may only be determined
after a period of 12 months by the Tenant giving lo the Landlord Two (2) calendar months notice in writing of the Tenant's intention lo end the tenancy or Two (2) months' rent in lieu oi such notice if the Tenant shall be required to leave Singapore€ permanently on a job transfer or is required by the relevant authorities to leave Singapore or ii the employment of the said Tenant or its employee is terminated for any reason whatsoever. Provided always that the said written notice shall be accompanied by documentary evidence proving the event relied upon by the Tenant in the said written notice"

Is there any way I can appeal to that?

Thanks in advance to those of you who might be able to help me
It went well!

The landlord agreed to let me pay only up to May (full month) and I will responsible to reimburse him the pro-rated agent fee.

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Re: Tenancy agreements/leases and your rights as a tenant

Post by sundaymorningstaple » Mon, 23 Mar 2020 10:51 pm

Congratulations. Most are not that lucky. Consider yourself a winner!

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Re: Tenancy agreements/leases and your rights as a tenant

Post by Oversoul » Tue, 30 Jun 2020 11:11 am

I would like to share my case and seek opinions as this saga is draining my energy.

I've ended my tenancy contract at the termination date on April 14,2020 and during the handover the agent claimed the following are

- Broken door lock (to the utility room)
- Missing 1 last aircon servicing (due to Circuit breaker deeming it as non-essential service)
- "Leaking" shower head (which was not leaking, but rather its slowly drips till water runs out from the head due to sedimentation)

Towards the end of April, she whatsapp me to tell me she at first need to withheld $1000 SGD (of the $3600 deposit) to remediate. However when I asked her for quote, she said just need $600 SGD (which I feel is still on the high side. Till date she still has not provided a quote claiming due to circuit breaker she can't provide.

Counter proposed and asked does she require me to get a contractor myself to help settle it and for the aircon servicing I will get my contractor to service.
She agreed on me servicing after CB, however rudely told me that she does not want my contractor and I should have ensured everything was remediated before I handover so she will hold on to the $600.

Phase 1 ended in June 1 - asked around June 9, as to when I could get my aircon guy to service, she said she wants to use her own contractor as I did not use her contractor that she recommended.
Her reason was that since they replaced the aircon for me 1 month after I moved in, I should have use her contractor. (which was not stated in the contract. The contract asked her to replace aircon if not functioning (as the house is quite old hence the terms inside) and it does not ask me to use her contractor before or after replacing the aircon. I felt this was a breach as we agreed already to use my aircon servicing when she checked my receipts during the handover but did not push through any further.

However, her excuse was that she could not get them to do it at the moment as her aircon contractor is not approved to work, neither is her handyman contractor. She agreed to inform me once they are allowed (which has not happened)

Fast forward to Phase 2 of CB - now that circuit breaker has ended in June 19th, I message her for update at June 28th and she hasn't arrange. Only said will arrange in 2 weeks time however she said there is a pending $300 SGD SP bill that I need to pay. (Asked her for proof as I am confused how I can still be charge 3 mos later).

Today, followed up with her again and still unable to show proof and told me she is busy and can only do so next week. Followed up with the breakdown of the cost and she called me and told me she can't give breakdown because service has not yet been done and in addition told me that if I want to bring to legal or court, I should as she would win the case. She brought up again the aircon contractor thing which I pointed out as its not in contract and I should be more tactful as she is not obligated to respond to me or any follow ups as I gave her "a lot of problems". The lot of problems she meant was SP charging her (for which she did not share any proof and in addition, I've been using a 3rd party electric provider).

Any advise?

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Re: Tenancy agreements/leases and your rights as a tenant

Post by PNGMK » Tue, 30 Jun 2020 12:40 pm

Tell her you plan to proceed to SCT and that you will file a complaint with the regulator of real estate agents (CERA?) when you win your case as monies CANNOT be withheld without proof (by common law - she has to provide proof of the deduction). Remind her that the filing fee for SCT is very small compared for you compared to the potential loss of her real estate licence and that doing her job is "not causing her a lot of problems" and that you intend to proceed to SCT as a matter of principle so that people like her cannot dirty the real estate industry any further.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

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