NEED HELP Dispute with the Main tenant

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reger
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NEED HELP Dispute with the Main tenant

Post by reger » Sat, 07 Jun 2014 8:05 pm

Any kind soul who can help me on this issue.

We wanted to rent a shop hence contact the agent. Upon knowing that it is a sublet unit, we request to have a certified letter endorse by the landlord to allow main tenant to sublet to us. This clause is included in the Letter of Intent and we request to review this letter before signing off the LOI. However, the agent informed us that it can only be given upon signing the tenancy agreement. Hence we proceed to sign off the Letter of Intent with 1 month deposit given to the Main tenant. Within the 14 days of grace period, the agent had yet to provide us the letter, only some documents provide by Tom, Dick or Harry which is not the landlord.

We did not accept and request for a full deposit refund but they are not willing to give us back. We went to CEA, Small Claim, Community of Justice Centre and even law firm, no one can help. All they say is this case not under their department. For Law Firm since the dispute amount is only a few thousand, they don’t advise us to engage them.

My question is where can go to get back my justice.

Many thanks

Singapore Property Search

 

yogaloungeforever
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Post by yogaloungeforever » Sat, 07 Jun 2014 8:20 pm

Now I wonder whether you really approached CEA and SCT on your matter because for your case these 2 agencies will suffice at this point.

If you have documented evidence of the agent not keeping his word then you can approach CEA about this matter and bringing the agent's license # in for investigation.

As for claiming back your deposit the SCT is your best bet provided and again you have documented evidence, like SMS trails between yourself and the agent over what transpired / was communicated over such arrangements prior to parting with deposit.
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reger
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Post by reger » Sat, 07 Jun 2014 8:40 pm

Hi, Yes, i did infact i was being reject on every department i go. Surounding friend had told me CEA & SCT should be able to help. But when i went to CEA, they told me since the agent belong to the Main tenant side, she had no obligation to protect our interest hence we cant lodge a complain on them.

When we go SCT, they informed us that they only deal with govenement sector and not this type of refund deposit hence refer us to Community Justice center, the lady who attend to me didnt even heard me said my story , reject me at my face say this is business matter , i have to engage a lawyer , call up a few law firm due to the amount is only a few thousand , they prefer me not to waste money and file though SCT instead,

I was too worried or either stupid as i believe i had use the wrong approach when visit the 2 places.

yogaloungeforever
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Post by yogaloungeforever » Sat, 07 Jun 2014 8:45 pm

Yes you used the wrong approach.

I know for a fact CEA investigates on all agents irrespective of whose side they represent coz CEA contacted me at 1 stage pertaining to an investigation of illegal sublet of governmental housing by one of the tenants and the the agent they were investigating was representing the illegal sub-letter.

So, if I were you I will go down to the CEA office and demand to speak to their manager or highest authority and tell this authority what happened.

As for SCT, don't ask questions. Just fill out the SCT claims form, pay the $10 and wait for the hearing date. On the day of the consultation and hopefully either landlord or agent turns-up you tell your side of the story and present your evidence. If landlord / agent does not turn up good for you too.


reger wrote:Hi, Yes, i did infact i was being reject on every department i go. Surounding friend had told me CEA & SCT should be able to help. But when i went to CEA, they told me since the agent belong to the Main tenant side, she had no obligation to protect our interest hence we cant lodge a complain on them.

When we go SCT, they informed us that they only deal with govenement sector and not this type of refund deposit hence refer us to Community Justice center, the lady who attend to me didnt even heard me said my story , reject me at my face say this is business matter , i have to engage a lawyer , call up a few law firm due to the amount is only a few thousand , they prefer me not to waste money and file though SCT instead,

I was too worried or either stupid as i believe i had use the wrong approach when visit the 2 places.
Life is short hence I live it to its fullest, that is .... I eat and sleep

reger
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Post by reger » Sat, 07 Jun 2014 9:03 pm

Hi,

Thank you so much.Think i was too naive thought that speaking the truth in a way they are willing to help.

You are right, i only manange to talk to the customer service hence nothing much had been done, they ask me what is my intention. I told them since they cant provide me a certified letter & signed by landlord within 14 days and LOI already expired, i want to call off this deal. Hence they direct me to SCT instead to check whether how high is my chance even though they mentioned that most likely i can file though SCT. But the staff there say no, dont waste your money as they can choose not to come and in the end they can enforce them to pay you back.

May i ask for your experitse on filing though SCT, at Annex From 1 there is Nature of Dispute, , which one should i tick

Many thanks for your help and advice.

reger
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Post by reger » Sat, 07 Jun 2014 9:06 pm

To make things complicated, the agent is actually somehow relates to the main tenant who is also work as a property agent under the same company.

We happen to know the background of the main tenant who is from some big firm, rich with reputation thus they even challenge us to the small court or sue them, knowing that we had limited legal knowledge.

It our rights to take back the deposit since the Tenancy agreement was not signed and from my limited knowledge the LOI means had the intent to rent only.

But still they say we are the one we find trouble on them and do not want to refund us the deposit.

yogaloungeforever
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Post by yogaloungeforever » Sat, 07 Jun 2014 9:58 pm

For the SCT claims form you should select tenancy dispute
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Post by Beeroclock » Sat, 07 Jun 2014 11:13 pm

reger wrote: It our rights to take back the deposit since the Tenancy agreement was not signed and from my limited knowledge the LOI means had the intent to rent only.

But still they say we are the one we find trouble on them and do not want to refund us the deposit.
LOI means you are making a firm offer to rent and enter the TA. Just because TA was not signed does not mean you get deposit back. The key point is main tenant failed to produce the letter and that is your grounds for not going ahead, so I hope this requirement was clearly stated in the LOI clause that you mentioned.

+1 to what yogalounge already said.

x9200
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Post by x9200 » Sun, 08 Jun 2014 1:58 am

With some few exception, a typical LOI is not a legally binding document. I was also surprised some time ago when I was told this but it is enough to google a bit to see it.

reger
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Post by reger » Sun, 08 Jun 2014 8:51 pm

Dear All,

Thanks for your advice, think i know what approach should use.

@ yogaloungeforever, i cant find tenancy dispute on the form.
The closes i can find is Breach of Tenant Obligation.

I will try my luck again, thanks everyone for your help.
Thanks

yogaloungeforever
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Post by yogaloungeforever » Sun, 08 Jun 2014 11:33 pm

Then the option should be breach of landlord obligation

reger wrote:Dear All,

Thanks for your advice, think i know what approach should use.

@ yogaloungeforever, i cant find tenancy dispute on the form.
The closes i can find is Breach of Tenant Obligation.

I will try my luck again, thanks everyone for your help.
Thanks
Life is short hence I live it to its fullest, that is .... I eat and sleep

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