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Sticky Situation | Tenancy Agreement Mess

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Chuen
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Postby Chuen » Thu, 06 Feb 2014 3:46 pm

Beeroclock wrote: 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.


Now that I have re-read your comments (sorry I skimmed thru the first round), I need to explain that I DID ask for a whole week via email that they provide me ownership documentations to prove that they are the legitimate owner. I gave them specific requests for Agreement for Lease, Service & Conservancy charges booklet, Annual or Loan instalment payment booklet/ Annual Loan statements (as per the guidelines on the HDB website which suggested tenants view to verify the ownership of rented properties).

My colleague who viewed the Power of Attorney document with me confirmed that the date we saw on the PoA was 2012 and that the PoA was valid for 6 years, but I felt it did not exactly amount as proof of ownership as we don't know if they STILL are the owners, which I also mentioned to them when they informed me I would be viewing the PoA.

And the HDB approval, was not even the original, it was a badly scanned copy dated in 2012, even though it did have the owners details on it.

x9200 wrote:I missed the part quoted above. Yes, this changes the situation.

Are you referring to the part where there is a landlord's PoA's signature on the last page of the TA? If so, how would it change the situation?

Beeroclock wrote: 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 ??)......


If you don't mind, could you explain how might they try to enforce this?

Beeroclock
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Postby Beeroclock » Thu, 06 Feb 2014 4:18 pm

If the TA is valid, then they can try to legally enforce it for the full term. Pls refer to the sticky thread in this sub forum. It doesn't sound like they are threatening this, but if you aggravate them (go to SCT, start contacting the CEA etc), who knows how they might react.

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x9200
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Postby x9200 » Thu, 06 Feb 2014 4:54 pm

Probably not for the whole term but 2-3 months at least, the commission they paid (if any), deposit, and any other damages they incurred or will incur as the result of your action.

If the TA is signed then you will be in breach indeed and you should try to find more mutually acceptable solution. I would likely accept the lease and just tried to do something about the furniture.


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