Sticky Situation | Tenancy Agreement Mess

[Chuen]

Dear all,

I write to seek your advise based on any past experiences you might have had, or heard, or not.

During the middle of January, I viewed a whole HDB which I liked quite a lot and made my intentions known to the agent who showed me the unit (found via a website). On this day, I found out that the unit belonged to a couple that lived abroad.

Within two days, this same agent then assisted me in filling up a Letter of Intent ("LOI") and requested that I pay a one month's good faith deposit to be placed together with the LOI in order to secure the unit.

I negotiated to pay only a half a month's deposit for the booking and unfortunately, I paid him in cash (he subsequently wrote a cheque for the same amount and asked me to take a picture of it as proof). The LOI I signed had a Lapse of Offer clause which stated that the offer would lapse within TWO days of the date I signed.

A week later, there was no news from the agent, on hindsight, I admit this should have been my getaway car to escape. But I called the agent to obtain a status of the LOI, he proceeded to ask if I was free within the next few days to sign the tenancy agreement ("TA"). Although he asked for my email to supposedly send me the draft TA for my advanced reading, he did not do so.

I met him and the landlord's agent during that weekend, Saturday, and when I was reading the TA, I came across a clause which stated "The first payment of rent is payable on the signing of this agreement...". Upon my query to the landlord's agent and my agent, they both reassured me that it was alright to only pay the advanced rental on the date that I was to move in.

I then signed the TA and paid my agent, again in cash, the remaining portion of the one month's security deposit, this time, my agent wrote another cheque for the full amount of one month's deposit and passed it to the landlord's tenant in front of me, with the landlord's tenant (edit: not tenant, I meant agent, sorry) subsequently writing me a receipt for the full amount. On this day, I did not view the unit which was in the midst of being vacated by the then-tenants. And on this day too, I found out that the agent was the landlord's brother.

On Monday, I went to view the unit and was dismayed that many of the items I had previously seen were now taken-away. Upon my questioning of my agent, he reacting defensively by insisting he had alerted me of the unit's condition. During this day too, I was showed an email exchange between the landlord's agent and his sister (the landlord), stating that she wanted to ensure that the cheque for the security deposit, and advanced rental had been cleared before the landlord's agent was allowed to handover the unit's keys to me. The landlord's agent once again reassured me that he would still pass me the keys upon the commencement date of the tenancy term since I was paying the advanced rental in cash, again.

That night, I felt very uneasy with the proceedings and the un-written promises made. I then wrote an SMS to my agent stating that I felt the house was in a "bare" state and at the minimal, mattresses ought to have been provided, failing which I felt I would want to back out of the deal. My agent then told me, if I chose at the point in time to back out, I would forfeit my deposit, I asked him to cancel the cheque that he issued but he told me the cheque had already been banked in and he would not. I told him that we would continue to "go with the flow".

As the tenancy term had another week to go before commencement, I began to perform extensive researching online on other tenant's experiences, to gain comfort that my situation was "normal". To summarise my findings, I realized that I had not been given any proof of authenticity with regards to the "landlord's" identity by my agent, I took it upon myself to request a verification of this ownership, I was initially ignored, then told that all I was allowed to view was a Power of Attorney letter ("PoA"), which authorized the landlord's brother, also the agent of the landlord, to act on behalf of the landlords during the period where they were overseas.

Last night was the date of TA commencement, but as I had yet to make verifications of the PoA, I stated that I was unable to avail myself from work and told the agent to come to my office to provide me with the documents for sighting. The agent and the landlord's agent both came, and after I sighted the PoA, I asked to sight all documents that I had signed as I wanted to make a scanned copy of the documents for my records (all I had at that time were pictures).

When the documents with my signatures were passed to me, I noticed that
1) The LOI had not been accepted via signatories
2) The TA had also not been signed

I ended up with the original documents (LOI and TA) in my possession, and I have tried using the absence of the acceptance signatures on the LOI as a way to nullify my offer and obtain my deposit back.

The landlord has stated, via an SMS correspondence (not verified) that she has deemed that I have breached the agreement and she will not refund me my deposit.

Do advise. Sorry for the length of this post. I truly require advice.

Thank you,
Slightly traumatized tenant

Code: Select all

[x9200]

1) TA is not signed by all required parties so it does not exist.
2) LOI is normally not binding legally regardless the signatures.
3) PoA does not reflect the ownership of the premisses.

They have no rights to keep your money.

Some questions:
Is it that you did not ask whether the apartment is furnished or the agent told you it would be furnished?
Is the LL's agent a registered agent or he only plays that role? If the former, did he introduced himself as an agent?
Do you have a copy of PoA?
What is the role of the former landlord's tenant in it? You passed her/him some money?
If this is HDB they should have permission from HDB to rent it out. Have you seen it?

[Beeroclock]

Sticky situation indeed!

As per x9200 I was also confused by mention of "landlord's tenant" in paragraph 7, I assume this is a typo and meant to read "landlord's agent". OP - pls clarify ?

Initially as I read this I thought it's a deposit scam, but after a second reading it seems to me landlord might have a valid grievance: OP has given the LOI with a deposit and then signed the TA and paid further money at that time. IMHO the behavior demonstrates a firm commitment to the TA and then subsequently cold feet and flaking. Luckily for OP, the agents gave back the original LOI/TA (which they wouldn't if this was a scam) and now this gives the way out, extremely fortunate! Regarding the furnishings, as per x9200, was this clarified and documented in the TA? In any case I wouldn't think it's a grounds to cancel, at least landlord should have an opportunity to replace/return the missing items, assuming they were all actually noted on the TA inventory (?).

Lots of irregularities, I agree as the TA was not signed/executed, this should be the key issue giving OP the right to get the money back.

However, assuming it's not a scam and landlord is actually the rightful owner of the property (?), then I actually empathize with landlord in this situation who may have lost other opportunities to rent the property in a difficult market (am sure I will cop some flack here for this last comment )

[Chuen]

1) TA is not signed by all required parties so it does not exist.
2) LOI is normally not binding legally regardless the signatures.
3) PoA does not reflect the ownership of the premisses.

They have no rights to keep your money.

Some questions:
Is it that you did not ask whether the apartment is furnished or the agent told you it would be furnished?
Is the LL's agent a registered agent or he only plays that role? If the former, did he introduced himself as an agent?
Do you have a copy of PoA?
What is the role of the former landlord's tenant in it? You passed her/him some money?
If this is HDB they should have permission from HDB to rent it out. Have you seen it?

First off, thank you for responding, I feel rather frustrated in this situation.

Qs 1: Is it that you did not ask whether the apartment is furnished or the agent told you it would be furnished?
Ans 1: I asked during my viewing what would and would not be provided to me, and all the agent did was point to certain larger items and asked the existing tenant whom that item belonged to. But there was no list and yes, the agent represented that it was a fully furnished unit, which he later claims, "I showed you the unit and pointed out what belonged to whom", which gives me an idea that it might be an "as is" and not fully furnished unit.

Qs 2: Is the LL's agent a registered agent or he only plays that role? If the former, did he introduced himself as an agent?
Ans 2: He is a registered agent, he gave me his name card. When he introduced himself, he said he was the landlord's PA. Which on hindsight, he might have meant PoA. There was a situation where the rental represented to me was SGD 2,800, but the landlord subsequently insisted that the rental was to be SGD 2,850. I was told to sign the LOI with the rental of SGD 2,850 and the two agents, meaning the LL's agent and my agent would each fork out SGD 300 to compensate me for the difference in rental.
From this, I would identify that in substance, he is the LL's agent?

Qs 3: Do you have a copy of PoA?
Ans 3: No, I was not allowed to make a copy nor take a picture of the PoA.
But on the TA, the last page states the name of the Attorney, which is the name of the LL's agent.

Qs 4: What is the role of the former landlord's tenant in it? You passed her/him some money?
Ans 4: Apologies, I meant the landlord's agent.

Qs 5: If this is HDB they should have permission from HDB to rent it out. Have you seen it?
Ans 5: I have seen a scanned copy of this HDB letter allowing the landlord to rent out the unit, but as it is not the original, I'm not confident of it's legitimacy.

Thanks so much again for your comments and response. =)

[Chuen]

Sticky situation indeed!

As per x9200 I was also confused by mention of "landlord's tenant" in paragraph 7, I assume this is a typo and meant to read "landlord's agent". OP - pls clarify ?

Initially as I read this I thought it's a deposit scam, but after a second reading it seems to me landlord might have a valid grievance: OP has given the LOI with a deposit and then signed the TA and paid further money at that time. IMHO the behavior demonstrates a firm commitment to the TA and then subsequently cold feet and flaking. Luckily for OP, the agents gave back the original LOI/TA (which they wouldn't if this was a scam) and now this gives the way out, extremely fortunate! Regarding the furnishings, as per x9200, was this clarified and documented in the TA? In any case I wouldn't think it's a grounds to cancel, at least landlord should have an opportunity to replace/return the missing items, assuming they were all actually noted on the TA inventory (?).

Lots of irregularities, I agree as the TA was not signed/executed, this should be the key issue giving OP the right to get the money back.

However, assuming it's not a scam and landlord is actually the rightful owner of the property (?), then I actually empathize with landlord in this situation who may have lost other opportunities to rent the property in a difficult market (am sure I will cop some flack here for this last comment )

OH NOW I GET IT! Apologies!
Yes as per Para 7, I meant Landlord's agent! not landlord's tenant. Sorry!

There was no Annexure of the inventory listing in the TA that I signed as I was told that it would be attached in after I had moved into the property.
And I did communicate to my agent to request that the landlord at least provide the essentials of a mattress.

The landlord's deeming that I have breached a contract is based on this, I quote from the SMS sent to me:

"As you have signed the TA, the landlord and the landlord's agent kept a copy of the TA with your signature, they are allowed to sign at any time when you pay the advance rental."

"On the last page of the TA, the PoA has already signed too"

Based on this, I would like to apologize again for omitting to mention that the PoA did sign (one Chinese character, which I wasn't sure was a signature) next to his name, but without a corresponding witness' signature for evidencing that he (the PoA) signed.
- Deemed not signed? I hope?

Today, I received yet another SMS stating that the landlord's agent is still insisting I return the TA and LOI to him as it was only loaned to me. And if I would not return these documents, he would take action.

Thanks again for hearing me out! It is truly appreciated. =)

[beppi]

You are losing yourself in legalistic details here.
What do you actually want to achieve:
- Move into the unit with full furniture?
- Back out of the TA you signed with least possible financial loss?
In both cases, going the legal route should not be the preferred method - don't burn bridges even before you crossed them!

[Sergei82]

You better throw in some furniture at your own cost. Cheaper than losing 2.8 K deposit. Potentially you can maek landlord throw in some crappy cheapest scary-to-look-at furniture for you so you be quiet, but I think it'd be better if you buy normal stuff yourself.

[Chuen]

You are losing yourself in legalistic details here.
What do you actually want to achieve:
- Move into the unit with full furniture?
- Back out of the TA you signed with least possible financial loss?
In both cases, going the legal route should not be the preferred method - don't burn bridges even before you crossed them!

I am looking to back out of the transaction and obtain my deposit back.

I had every intention to continue on with the transaction until their reluctance and delay in allowing me to verify the proof of ownership, this caused me to have serious doubt.

When I subsequently saw that the LOI and TA had not been signed, I believe that was my deciding factor to not go-ahead.

You better throw in some furniture at your own cost. Cheaper than losing 2.8 K deposit. Potentially you can maek landlord throw in some crappy cheapest scary-to-look-at furniture for you so you be quiet, but I think it'd be better if you buy normal stuff yourself.

At this point in time, I'd rather go all the way to try and get my deposit back, rather than rent the place. I would not want to be reminded of the drama for everyday of the next one year that I have to live in that place.

[beppi]

So you don't want to move in and you already have another place to stay?
Then this boils down to a merely financial issue, and the amount in question is S$2.8k.
Even if you get that amount back, after a legal battle that will remind you of the unpleasant situation for many months to come, the legal fees (which are not automatically recoverable from the losing party, especially in complicated cases like yours where a judge will most likely find some fault on both sides) will amount to more than that.
You are free to consult a lawyer about your options - his answers will be more legitimate than what you get here (the initial consultation alone will already cost you a few hundred S$), but I personally would prefer to focus on more positive aspects of life. The maximum I would do is trying the SCT (Small Claims Tribunal, a kind of mediator).

[x9200]

You are losing yourself in legalistic details here.
What do you actually want to achieve:
- Move into the unit with full furniture?
- Back out of the TA you signed with least possible financial loss?
In both cases, going the legal route should not be the preferred method - don't burn bridges even before you crossed them!

I am looking to back out of the transaction and obtain my deposit back.

I had every intention to continue on with the transaction until their reluctance and delay in allowing me to verify the proof of ownership, this caused me to have serious doubt.

When I subsequently saw that the LOI and TA had not been signed, I believe that was my deciding factor to not go-ahead.

I think their intention might have not been that malicious as you probably see it. Depending on the content of the PoA the agent may not be in power to sign the TA on behalf of the LL. I am renting a place myself with the LL overseas and it took few days to do some courier documents posting back and forth and my LL was extremely cooperative.

Back to the money, you may send a mail, registered one to the LL's agents (assuming the PoA is valid) with the demand of returning your money and give him say, 7 days to do this and warn that if the deposit is not paid by than you will initiate legal action. After that time, if they don't pay you should go to SCT.

Things to explore: inform your agent that you will be contacting CEA (Council for Estate Agencies) abut the furnished/unfurnished issue. If this flat was advertised as fully furnished (maybe you will find a copy of this advertisement?) and it was not furnished this is rather significant issue and one of the agents, or both are responsible for this. This may help to make them help you to get back your money just to get rid of you out of their backs.

[Beeroclock]

Sticky situation indeed!

As per x9200 I was also confused by mention of "landlord's tenant" in paragraph 7, I assume this is a typo and meant to read "landlord's agent". OP - pls clarify ?

Initially as I read this I thought it's a deposit scam, but after a second reading it seems to me landlord might have a valid grievance: OP has given the LOI with a deposit and then signed the TA and paid further money at that time. IMHO the behavior demonstrates a firm commitment to the TA and then subsequently cold feet and flaking. Luckily for OP, the agents gave back the original LOI/TA (which they wouldn't if this was a scam) and now this gives the way out, extremely fortunate! Regarding the furnishings, as per x9200, was this clarified and documented in the TA? In any case I wouldn't think it's a grounds to cancel, at least landlord should have an opportunity to replace/return the missing items, assuming they were all actually noted on the TA inventory (?).

Lots of irregularities, I agree as the TA was not signed/executed, this should be the key issue giving OP the right to get the money back.

However, assuming it's not a scam and landlord is actually the rightful owner of the property (?), then I actually empathize with landlord in this situation who may have lost other opportunities to rent the property in a difficult market (am sure I will cop some flack here for this last comment )

OH NOW I GET IT! Apologies!
Yes as per Para 7, I meant Landlord's agent! not landlord's tenant. Sorry!

There was no Annexure of the inventory listing in the TA that I signed as I was told that it would be attached in after I had moved into the property.
And I did communicate to my agent to request that the landlord at least provide the essentials of a mattress.

The landlord's deeming that I have breached a contract is based on this, I quote from the SMS sent to me:

"As you have signed the TA, the landlord and the landlord's agent kept a copy of the TA with your signature, they are allowed to sign at any time when you pay the advance rental."

"On the last page of the TA, the PoA has already signed too"

Based on this, I would like to apologize again for omitting to mention that the PoA did sign (one Chinese character, which I wasn't sure was a signature) next to his name, but without a corresponding witness' signature for evidencing that he (the PoA) signed.
- Deemed not signed? I hope?

Today, I received yet another SMS stating that the landlord's agent is still insisting I return the TA and LOI to him as it was only loaned to me. And if I would not return these documents, he would take action.

Thanks again for hearing me out! It is truly appreciated. =)

Chuen, you probably won't like to hear this, but IMO you are at least partly to blame here. By your own admission they did loan you the docs for your request to scan, I think he has a valid claim to request the documents be returned, doesn't he?Sorry to be blunt but that's the purpose of the deposit, to stop people reneging on deals. The way I read this, the agents have actually been acting in good faith, even coming to your office to try and sort things out when you refused to meet them. And it seems you are the one acting in bad faith to renege on a deal which you willingly entered despite having several opportunities to withdraw. A more reasonable approach now would be to send a letter of demand outlining your concerns and giving the LL a chance to prove ownership, clarify the furnishings etc. in order for you to continue with the TA. But if you just demand your money back without even trying to make good on this deal then IMO you deserve to lose at least half if not all of the deposit ( not sure how the SCT will see it, if you go there, which is probably more relevant to you).... Once again I'm sorry it's probably not what you want to hear but we all make mistakes and it takes integrity to man up and accept responsibility for your actions rather than look for the loophole to weasel out.

[beppi]

^^^Yes, I agree to this wholeheartedly!

[x9200]

I missed the part quoted above. Yes, this changes the situation.

[Chuen]

So you don't want to move in and you already have another place to stay?
Then this boils down to a merely financial issue, and the amount in question is S$2.8k.
Even if you get that amount back, after a legal battle that will remind you of the unpleasant situation for many months to come, the legal fees (which are not automatically recoverable from the losing party, especially in complicated cases like yours where a judge will most likely find some fault on both sides) will amount to more than that.
You are free to consult a lawyer about your options - his answers will be more legitimate than what you get here (the initial consultation alone will already cost you a few hundred S$), but I personally would prefer to focus on more positive aspects of life. The maximum I would do is trying the SCT (Small Claims Tribunal, a kind of mediator).

You are losing yourself in legalistic details here.
What do you actually want to achieve:
- Move into the unit with full furniture?
- Back out of the TA you signed with least possible financial loss?
In both cases, going the legal route should not be the preferred method - don't burn bridges even before you crossed them!

I am looking to back out of the transaction and obtain my deposit back.

I had every intention to continue on with the transaction until their reluctance and delay in allowing me to verify the proof of ownership, this caused me to have serious doubt.

When I subsequently saw that the LOI and TA had not been signed, I believe that was my deciding factor to not go-ahead.

I think their intention might have not been that malicious as you probably see it. Depending on the content of the PoA the agent may not be in power to sign the TA on behalf of the LL. I am renting a place myself with the LL overseas and it took few days to do some courier documents posting back and forth and my LL was extremely cooperative.

Back to the money, you may send a mail, registered one to the LL's agents (assuming the PoA is valid) with the demand of returning your money and give him say, 7 days to do this and warn that if the deposit is not paid by than you will initiate legal action. After that time, if they don't pay you should go to SCT.

Things to explore: inform your agent that you will be contacting CEA (Council for Estate Agencies) abut the furnished/unfurnished issue. If this flat was advertised as fully furnished (maybe you will find a copy of this advertisement?) and it was not furnished this is rather significant issue and one of the agents, or both are responsible for this. This may help to make them help you to get back your money just to get rid of you out of their backs.

Sticky situation indeed!

As per x9200 I was also confused by mention of "landlord's tenant" in paragraph 7, I assume this is a typo and meant to read "landlord's agent". OP - pls clarify ?

Initially as I read this I thought it's a deposit scam, but after a second reading it seems to me landlord might have a valid grievance: OP has given the LOI with a deposit and then signed the TA and paid further money at that time. IMHO the behavior demonstrates a firm commitment to the TA and then subsequently cold feet and flaking. Luckily for OP, the agents gave back the original LOI/TA (which they wouldn't if this was a scam) and now this gives the way out, extremely fortunate! Regarding the furnishings, as per x9200, was this clarified and documented in the TA? In any case I wouldn't think it's a grounds to cancel, at least landlord should have an opportunity to replace/return the missing items, assuming they were all actually noted on the TA inventory (?).

Lots of irregularities, I agree as the TA was not signed/executed, this should be the key issue giving OP the right to get the money back.

However, assuming it's not a scam and landlord is actually the rightful owner of the property (?), then I actually empathize with landlord in this situation who may have lost other opportunities to rent the property in a difficult market (am sure I will cop some flack here for this last comment )

OH NOW I GET IT! Apologies!
Yes as per Para 7, I meant Landlord's agent! not landlord's tenant. Sorry!

There was no Annexure of the inventory listing in the TA that I signed as I was told that it would be attached in after I had moved into the property.
And I did communicate to my agent to request that the landlord at least provide the essentials of a mattress.

The landlord's deeming that I have breached a contract is based on this, I quote from the SMS sent to me:

"As you have signed the TA, the landlord and the landlord's agent kept a copy of the TA with your signature, they are allowed to sign at any time when you pay the advance rental."

"On the last page of the TA, the PoA has already signed too"

Based on this, I would like to apologize again for omitting to mention that the PoA did sign (one Chinese character, which I wasn't sure was a signature) next to his name, but without a corresponding witness' signature for evidencing that he (the PoA) signed.
- Deemed not signed? I hope?

Today, I received yet another SMS stating that the landlord's agent is still insisting I return the TA and LOI to him as it was only loaned to me. And if I would not return these documents, he would take action.

Thanks again for hearing me out! It is truly appreciated. =)

Chuen, you probably won't like to hear this, but IMO you are at least partly to blame here. By your own admission they did loan you the docs for your request to scan, I think he has a valid claim to request the documents be returned, doesn't he?Sorry to be blunt but that's the purpose of the deposit, to stop people reneging on deals. The way I read this, the agents have actually been acting in good faith, even coming to your office to try and sort things out when you refused to meet them. And it seems you are the one acting in bad faith to renege on a deal which you willingly entered despite having several opportunities to withdraw. A more reasonable approach now would be to send a letter of demand outlining your concerns and giving the LL a chance to prove ownership, clarify the furnishings etc. in order for you to continue with the TA. But if you just demand your money back without even trying to make good on this deal then IMO you deserve to lose at least half if not all of the deposit ( not sure how the SCT will see it, if you go there, which is probably more relevant to you).... Once again I'm sorry it's probably not what you want to hear but we all make mistakes and it takes integrity to man up and accept responsibility for your actions rather than look for the loophole to weasel out.

Hey guys, thanks again for all your input, which I am digesting and considering very seriously.

And I want to add that today, I posed a question to my agent, which was:
"If I signed the TA, paid the deposit, and yet the LOI was not signed by the LL, would the LL still be able to sign the LOI to reject my offer? And seeing as I was the only party that signed the TA, could they deem it invalid, return my deposit and leave me homeless?"
His answer was, "It's the LL's choice to do so."
When I then questioned, "Why did you not make sure the LOI was signed before you advised me to sign the TA?", my agent, had no answer.

Therefore, weighing all elements on hand, I admit, I find it to be a true blessing in disguise, luck-filled scenario, whatever you will, that I have on hand both original LOI and TA documents. And at any rate, I've already lost SGD 2,850 since its out-the-door, I won't deny myself the chance to getting it back.

It's truly been great hearing all your opinions and comments. And this first-time experience of my trying to rent a whole property, is really coming to be a memorable one. I'm just trying my best to ensure it's bitter-sweet, and not a just-bitter experience. Cheers! =)

[Beeroclock]

Therefore, weighing all elements on hand, I admit, I find it to be a true blessing in disguise, luck-filled scenario, whatever you will, that I have on hand both original LOI and TA documents. And at any rate, I've already lost SGD 2,850 since its out-the-door, I won't deny myself the chance to getting it back.

It's truly been great hearing all your opinions and comments. And this first-time experience of my trying to rent a whole property, is really coming to be a memorable one. I'm just trying my best to ensure it's bitter-sweet, and not a just-bitter experience. Cheers! =)

I understand you want to get your money back, it's human nature... Just be mindful you are likely in the wrong. Set your expectation on just-bitter, and if you get bitter-sweet it will be a bonus. Just think carefully and avoid doing something that turns it to bitter-bitter bile (e.g. you upset them so much they start threatening to hold you to the full 12 month contract, how will you feel then if you're already traumatised about the prospect of losing your deposit ??)......