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Landlord renting apartment while current tenant's paid rent

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pgspm
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Landlord renting apartment while current tenant's paid rent

Postby pgspm » Sun, 17 Aug 2014 6:43 pm

Hi there

I'm exercising a diplomatic clause in my tenancy agreement and am leaving before the end of my notice period. I have been told by friends that it is not legal for a landlord to rent the property to another tenant during the period covering my 'rent in lieu of notice'. i.e. if my notice period ends in November and I have paid rent up until then as per contract, even though I am no longer going to be living there.

Is it legal for the landlord to rent the apartment to another tenant before November?

Appreciate some concrete evidence in terms of legislation.

Thanks!

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Re: Landlord renting apartment while current tenant's paid r

Postby JR8 » Sun, 17 Aug 2014 7:28 pm

pgspm wrote:Hi there
I'm exercising a diplomatic clause in my tenancy agreement and am leaving before the end of my notice period. I have been told by friends that it is not legal for a landlord to rent the property to another tenant during the period covering my 'rent in lieu of notice'. i.e. if my notice period ends in November and I have paid rent up until then as per contract, even though I am no longer going to be living there.
Is it legal for the landlord to rent the apartment to another tenant before November?
Appreciate some concrete evidence in terms of legislation.
Thanks!


I'm sure there is nothing in legislation (as such) re: this situation. Probably just case-law.

When are you going to be handing back keys, and expecting your deposit to be returned? Before or after the Notice period is up? That in my opinion would be the point the property can be re-let.

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Re: Landlord renting apartment while current tenant's paid r

Postby PNGMK » Sun, 17 Aug 2014 7:54 pm

pgspm wrote:Hi there

I'm exercising a diplomatic clause in my tenancy agreement and am leaving before the end of my notice period. I have been told by friends that it is not legal for a landlord to rent the property to another tenant during the period covering my 'rent in lieu of notice'. i.e. if my notice period ends in November and I have paid rent up until then as per contract, even though I am no longer going to be living there.

Is it legal for the landlord to rent the apartment to another tenant before November?

Appreciate some concrete evidence in terms of legislation.

Thanks!


If he has the keys.... and you are not in 'possession' why not. I think you have a case of sour grapes.

The only way to enforce this would be to stay in the apartment until the end of Nov.

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Re: Landlord renting apartment while current tenant's paid r

Postby zzm9980 » Mon, 18 Aug 2014 12:22 am

pgspm wrote:Hi there

I'm exercising a diplomatic clause in my tenancy agreement and am leaving before the end of my notice period. I have been told by friends that it is not legal for a landlord to rent the property to another tenant during the period covering my 'rent in lieu of notice'. i.e. if my notice period ends in November and I have paid rent up until then as per contract, even though I am no longer going to be living there.

Is it legal for the landlord to rent the apartment to another tenant before November?

Appreciate some concrete evidence in terms of legislation.

Thanks!


First, do you actually even care? Does it hurt you somehow if he re-rents it a bit early after letting you leave? Keep in mind rents have dropped a lot lately.

That said, you're giving "Rent in lieu of notice", that is different than giving notice and paying the rent through the notice period.

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Postby Beeroclock » Mon, 18 Aug 2014 9:55 am

Yes I think that's an important distinction. "rent in lieu of notice" implies an earlier termination and the LL can re-rent. However if you are just giving notice and paying the rent for the notice period, then there is no early termination, and LL technically should not re-rent. However this also means tenant remains liable for the property during that period and should there be any costs/damages it is also still tenant's responsibility, so there are advantages to both sides I think to go for the "rent in lieu of notice" if you really no longer need the apartment.

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Postby Wd40 » Mon, 18 Aug 2014 10:32 am

Beeroclock, has summed it up correctly. If you have to leave the place, then the best thing you can do is find some middle ground with the owner, like pay only 1 month rent in Lieu of notice and let the landlord start finding tenants immediately.

It takes time to find a new tenant, so its fair that you pay atleast 1 month rent in lieu of notice. Above that, if the landord is kind hearted and assuming the market rents haven't dived significantly, he may return you some of it back.

But considering current market rental trends, I doubt that.

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Postby Wd40 » Mon, 18 Aug 2014 10:49 am

This is why I always prefer 1 yr contract v/s 2 yr. In 2 yr contract, because of the diplomatic clause, it kind of becomes mandatory to give to months notice. Its sometimes not possible to give 2 months notice, when your employment contract has just 1 month termination notice in it.

In case of 1 yr contract, its often up for negotiation and landlords usually just keep the 1 month deposit and let you off without further damages. You just give them 1 month notice and let them keep the deposit.
Last edited by Wd40 on Mon, 18 Aug 2014 11:10 am, edited 1 time in total.

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Postby zzm9980 » Mon, 18 Aug 2014 10:57 am

Beeroclock wrote:Yes I think that's an important distinction. "rent in lieu of notice" implies an earlier termination and the LL can re-rent. However if you are just giving notice and paying the rent for the notice period, then there is no early termination, and LL technically should not re-rent. However this also means tenant remains liable for the property during that period and should there be any costs/damages it is also still tenant's responsibility, so there are advantages to both sides I think to go for the "rent in lieu of notice" if you really no longer need the apartment.


And also it implies tenant must be there at the end of the tenancy period for the hand-over, and shouldn't expect the deposit back until after that time also. This is an important distinction as the landlord needs to possibly clean, renovate, and pay other agent fees and such. Silly they can't rent it out again if you're gone. OP spent too much time here and is just being Kiasu.

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Postby sundaymorningstaple » Mon, 18 Aug 2014 1:26 pm

^^ This.

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Postby pgspm » Mon, 18 Aug 2014 2:41 pm

[quote="Beeroclock"]Yes I think that's an important distinction. "rent in lieu of notice" implies an earlier termination and the LL can re-rent. However if you are just giving notice and paying the rent for the notice period, then there is no early termination, and LL technically should not re-rent. However this also means tenant remains liable for the property during that period and should there be any costs/damages it is also still tenant's responsibility, so there are advantages to both sides I think to go for the "rent in lieu of notice" if you really no longer need the apartment.[/quote]

Hi all - thanks for the replies. Unfortunately as I'm leaving the country earlier than the notice period, I am paying the rent up until the end of that notice period. Therefore, my question is, surely it's illegal to get rent twice from 2 separate people for the same unit? For example, if for some reason, I need to come back to Singapore during the month I have paid rent for - if the landlord has rented it to someone else, then how? Surely it's still technically mine to use as per tenancy agreement, I've paid the rent so he should not be able to bring another tenant in until that time is up. Correct?

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Postby Wd40 » Mon, 18 Aug 2014 2:58 pm

The key thing is are you handing over the keys to him or not? If you handover the keys to him, means you have lost your rights to stay anymore in that apartment, also on the positive side, you have no responsibilities to take care of the apartment after the handover. For example, suddenly the whole house was burgled after your last date, you are then responsible or not responsible depending upon whether you did handover or not.

If you dont want the owner to rent it to anybody else, dont handover the key, simple.

Do you still get it or not???

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Postby PNGMK » Mon, 18 Aug 2014 7:38 pm

pgspm wrote:
Beeroclock wrote:Yes I think that's an important distinction. "rent in lieu of notice" implies an earlier termination and the LL can re-rent. However if you are just giving notice and paying the rent for the notice period, then there is no early termination, and LL technically should not re-rent. However this also means tenant remains liable for the property during that period and should there be any costs/damages it is also still tenant's responsibility, so there are advantages to both sides I think to go for the "rent in lieu of notice" if you really no longer need the apartment.


Hi all - thanks for the replies. Unfortunately as I'm leaving the country earlier than the notice period, I am paying the rent up until the end of that notice period. Therefore, my question is, surely it's illegal to get rent twice from 2 separate people for the same unit? For example, if for some reason, I need to come back to Singapore during the month I have paid rent for - if the landlord has rented it to someone else, then how? Surely it's still technically mine to use as per tenancy agreement, I've paid the rent so he should not be able to bring another tenant in until that time is up. Correct?


If you hand back the keys... you're no longer in possession. The money is nothing to do with it.

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Postby Strong Eagle » Mon, 18 Aug 2014 9:01 pm

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#tiltingatwindmills

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Postby JR8 » Tue, 19 Aug 2014 10:44 am

^ Bwaahahaha :lol:

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Postby nakatago » Tue, 19 Aug 2014 11:01 am

@SE: I hope you don't mind; I edited your post to include a nigh-invisible hashtag. This is to make it easier to search for because I reckon we're gonna use that graphic a lot.


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