First of all, I don't see why anything in a legally binding agreement (in this case a TA) should be considered a 'favour' - either all parties agree to the conditions and sign, or they don't. Was I doing the landlord a 'favour' by paying my rent on time every month?x9200 wrote:That's is not in line with a number of reports also from this board, how relatively easy is get a favorable ruling in SCT against the LLs while attempting* to recover money (i.e. from the deposits).
Or you mean specifically cases of the Dip. Clause where I would expect the LL is favored as this is (as mentioned by SMS) the spirit of this clause? This clause is a favor provided by the LL and favors are not to be abused.
*) recovering this money to the tenant's hands would be a different matter.
Not sure; the landlord's agent used to like telling us that they weren't making any money from our tenancy, but I reached the point where I didn't really believe much that they told me. Certainly under the deal we negotiated (which I mentioned above, and which I believe was subsequently reneged on), their commission for a new tenancy was to have have been compensated, at a rate depending on the timing and duration of a new tenancy.x9200 wrote:@Mi AMigo, one question, had the LL paid any commission for this contract extension?
Taxico, I agree 100% with your comments regarding cleanliness, wear and tear, and general behaviour of tenants. The deposit should not be returned until any damage, etc. that should reasonably be rectified by the tenant has been taken into account. But one of the problems in Singapore is the vague and arbitrary way that deposits are handled. We have always returned rented units to the landlords in as good, or better condition that when we took them on. By 'better' I don't mean we made 'improvements' (something that JR8 touched on some time ago), but simply returned the unit in higher level of cleanliness, with paintwork touched up / walls repainted, etc. Despite this, we have often had problems in getting the landlord to return the deposit in a timely manner. IMO the deposit protection scheme in the UK, coupled with independent check-in / check-out inspections by qualified inventory clerks, while perhaps not perfect is fairer and safer for all concerned.taxico wrote:while i know most landlords in singapore have a bad habit of hanging onto the deposit, i will only go as far as to say there may be differing standards of cleanliness and what constitutes fair wear and tear.
okay, i also know of ex-tenants that have the ability to hide damage very well...
there is no recourse for the landlord once the deposit has been returned.
I believe this may be important as of whether the agreement should be considered as an extension or a new one. What matters is what it really is, not how it is called. If the LL paid (or supposed to pay) the commission with my admittedly amateur judgement it could look as a new contract - it implies some recovery time for the LL to absorb the commission from the rent.Mi Amigo wrote:Not sure; the landlord's agent used to like telling us that they weren't making any money from our tenancy, but I reached the point where I didn't really believe much that they told me. Certainly under the deal we negotiated (which I mentioned above, and which I believe was subsequently reneged on), their commission for a new tenancy was to have have been compensated, at a rate depending on the timing and duration of a new tenancy.x9200 wrote:@Mi AMigo, one question, had the LL paid any commission for this contract extension?
I take your point (and as I say, I don't know whether or not the agent received any commission at the time of the extension), but all I would say is that the black and white wording of the original TA and extension clearly states that what we had in place was an extension of an existing TA, with all other terms unchanged. However, pressing that point from a legal standpoint would have cost me a fortune, with no certainty as to the outcome.x9200 wrote:I believe this may be important as of whether the agreement should be considered as an extension or a new one. What matters is what it really is, not how it is called. If the LL paid (or supposed to pay) the commission with my admittedly amateur judgement it could look as a new contract - it implies some recovery time for the LL to absorb the commission from the rent.
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