Tenancy agreements/leases and your rights as a tenant

[x9200]

Oh man, why cant you include all in one go so we don't need to make all the guessing? Is there anything else?

If not, you should be paying just the prorated commission so the rest of the deposit (after deducting the commission) should be returned to you.

[JR8]

His suggestion that the rent he'll receive on reletting the flat is going to be lower is subjective and in any case entirely his problem and not yours. I'd take it as a warning-call that the LL isn't going to return your deposit.

--- did you rent directly from the landlord or via an agent?

[amerlok]

Sharing a pro-tenant diplomatic clause since, after all, that's who such a clause is designed to protect. The landlord gets two months notice, plus the reimbursement of Estate Agent commission

• Notwithstanding the term of [12/24] months, it may be wholly determined at any point in time after the commencement of the term by the Tenant giving to the Landlord two (2) calendar months' notice in writing of the Tenant’s intention to end the tenancy or two (2) months’ rent in lieu of such notice if either Tenant [single or co-tenant] shall (a) die, (b) become physically and/or mentally disabled, (c) be required to leave Singapore permanently on a job transfer, (d) be required by the relevant law or authorities to leave Singapore, or (e) if his/her/their employment in Singapore 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.

[Hazethenut]

Hi all

I really need some advices here,pls.

I'm a local who has rented a condo unit some four months ago because we needed a bigger space after our second child came along.

Shortly after we moved in (less than a month), we noticed disturbing problems with the unit.
1) one of the bedroom (which was intended to be our kids rm) was infested by mould mites. We called in our own pest control guy and were told that it was due to moisture in the home. LL called in his pest control and the same was said. Subsequently LL called in some Reno guys n they said the cause was the leaking water heater in the common toilet and they changed that. Pest control also did some misting to eradicate the mites. This however did not resolve the problem.
2) later on, we discovered that mushroom was sprouting in the common toilet. We informed the LL about it and his response was such tt he had no idea why it happened and asked that we keep the toilet clean.
3) recently, the condo mgmt guy approached us and informed that the 2 units below ours had leakage in their common toilet n hence asked to check ours. Hacked the ceiling with LL's approval and indeed water was dripping badly inside. However, they couldn't find the source of leakage and suspect that it might be coming from other units. And so this toilet was left in an unusable condition for the last 2 weeks waiting for them to find the source n fix it before they are able to come by to patch back whatever they have hacked.

I am very bothered by the mites and moulds because I have two very young kids (2.5yrs and 7 months). the elder one has not been able to stay with us (we park him with our mil) because each time we bring him back, he would be itching and coughing. The younger one was hospitalised shortly after we moved in for upper respiratory tract infection. I can't be sure but I suspect it could be due to allergies to the mites or the detrimental effects of the mould.

We have plans to terminate the lease early for the above reasons and have spoken to the LL. He has agreed provided we find a replacement tenant. However, we r expected to pay for the agent fee(he insisted on using his own agent), accommodate replacement tenant's request (eg providing with a new bed/store away whatever furnishing tt they do not want on behalf of LL and return upon expiration of lease), top up the difference if the rent is less than what we are now paying and be liable for repairs of defects for one month. It doesn't seem reasonable and I wonder if we are being taken advantage of.

In our situation, is there any clause in the TA that protects us and allows us to get out of it with minimum losses?

[sundaymorningstaple]

JR8 will be the one to answer this. But I feel that the unit is not in habitable condition and and is a health hazard so you should be able to get out with minimal costs. Rathering than dragging the LL to the SCT where he will lose anyway and it might cost him even more.

[x9200]

Give the LL official notice (mail, registered, receipt advice) to fix the issue within some reasonable period of time (2 weeks?), failing which you will terminate the agreement based on the clause that the premisses are not suitable for further occupation. You should have such clause in your TA. Check it out and paste it here so we can advise you better.

[Hazethenut]

What we have is this

"Untenantability of the whole part of the premises and suspension of rent"
In case the said premises or any part thereof shall at any time during the said tenancy be destroyed or damaged by fire, lightning, riot, explosion or any other inevitable cause so as to be unfit for occupation and use then and in every such case (unless the insurance money shall be wholly or partially irrecoverable by reason solely or in part of any act of default of the tenant) the rent hereby reserved or a just and fair proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable in respect of any period while the said premises shall continue to be unfit for occupation and use by reason of such damage and any dispute with reference to this provision shall be referred to arbitration in accordance with the Abritration Act (Cap.10) or any statutory modification or re-enactment thereof for the time being in force.

"Untenantability of premises and detemination of lease"

In case the said premises shall be destroyed or damaged as in above clause herein if the landlord so thinks fit shall be at liberty by notice in writing to determine the tenancy hereby created and upon such notice being given the term hereby granted shall absolutely cease and determine but without prejudice to any right of action of the landlord in respect of any antecedent breach of this agreement by the tenant.

[JR8]

The LL requires the Tenant to find a replacement, good grief! What tenant would take a property that's partially inhabitable? Either the LL is not taking this seriously, or intentionally trying to put you in a catch-22 situation.

I agree with X9 above, and 2 weeks notice would seem reasonable. And 'document document document' - keep a record/copies of everything that has happened, and going forward.

p.s. I have to go out now for some hours. Have a google on things like 'landlord mould uninhabitable' and the like. And look for references to such problems where they have occurred in the UK (under UK law, from which a lot of SGn law is derived). That will help you consider further and give you more direction...
Just one example:
http://blog.painsmith.co.uk/2010/11/16/ ... -position/
'Damp - The Legal Position'

[My word, a firm of lawyers called PainSmith...]


Note: As X9 suggests check you Tenancy Agreement for a clause regarding the property being habitable. It might not appear there, in which case the requirements will be laid out in Landlord and Tenant statute law...

Later note and ps. I wrote this prior to seeing your post of an hour earlier.

[Hazethenut]

Thanks for your advices. I feel at least somewhat hopeful now.

The thing is the inhabitable clause in the TA does not explicitly state that it's applicable in this case ie mould n mites. We have discussed this with our agent couple of times and his view is that it's subjective as to whether our unit is inhabitable in case of mould and mites. Is this true?

This matter has caused me a lot of distress and I do not want to continue to be taken advantage of.

Should I seek legal advice before I take any action such as what you have suggested?

Thanks.

[sundaymorningstaple]

As the mold and mites are causing health issues to your children , I would say, with a doctor's report that it's not subjective at all.

[Hazethenut]

The problem is the doctor isn't able/willing to attribute the cause to mould/mites. All I have is possibly the admission and doctor visits records.

[sundaymorningstaple]

You may have a problem then.

[Hazethenut]

Gosh so there's no other way out apart from allowing him to rip us off?

[JR8]

If it's worth it engage an 'Expert witness'. Someone credible who will give a written opinion [>written evidence]. And who if necessary has the credentials and can and will argue a persuasive case in court for you. Such time isn't cheap however IME.

But most trying-their-luck SGn LLs know you won't do this ...

[x9200]

Let's go one step back.
How do you know you have/had the infestation?
The opinions given by the two mentioned companies, what do they say (in details)? Is it in any writen form?

What you need to do is:
a) to prove that the infestation/mould is still there
- is the mould visible?
b) is linked to a specific condition (leaking water)
c) such environment is considered unhealthy for infants and other people living there
- find reputable, general opinion articles (google) - from what I can see, it will be much easier to make a case for the mould, especially if it is visible
- consider having your both kids tested against being allergic to the mould and the mites