Singapore Expats Forum

Diplomatic clause

Discuss about life in Singapore. Ask about cost of living, housing, travel, etiquette & lifestyle. Share experience & advice with Singaporeans & expat staying in Singapore.

Sponsored by:
Image
AE Logistics - Movers & Storage

amerlok
Newbie
Newbie
Posts: 7
Joined: Tue, 22 Nov 2011

Diplomatic clause

Postby amerlok » Tue, 13 Oct 2015 6:27 pm

Tired of the uniquely Singaporean interpretation of what constitutes a "diplomatic clause," I engaged a lawyer and thought I'd share the following language. It's said that the law is "pro-landlord," but that's only because the same boilerplate lease agreement has been circulating for years.
Granted, my landlord acquiesced in the context of a renewal after my strong position that the first 24 months had more than satisfied the "standard" 12+2 clause.
Still, it's worth a try for a new lease as we're currently doing - particularly since these are the terms of a "diplomatic clause" everywhere else that I've lived.
The landlord gets the two months' notice (twice as long as some diplomatic clauses) and, potentially, reimbursement of the Estate Agent commission. Fair and square.

"Notwithstanding the term of [12/24] months, it may be wholly determined at any point in time after the commencement of the term by the Tenant giving to the Landlord two (2) calendar months' notice in writing of the Tenant’s intention to end the tenancy or two (2) months’ rent in lieu of such notice if either Tenant [single or co-tenant] shall (a) die, (b) become physically and/or mentally disabled, (c) be required to leave Singapore permanently on a job transfer, (d) be required by the relevant law or authorities to leave Singapore, or (e) if his/her/their employment in Singapore is terminated for any reason whatsoever. Provided always that the said written notice shall be accompanied by documentary evidence proving the event relied upon by the Tenant in the said written notice."

User avatar
JR8
Immortal
Immortal
Posts: 16514
Joined: Wed, 24 Mar 2010
Location: K. Puki Manis

Re: Diplomatic clause

Postby JR8 » Tue, 13 Oct 2015 11:04 pm

amerlok wrote:Tired of the uniquely Singaporean interpretation of what constitutes a "diplomatic clause," I engaged a lawyer and thought I'd share the following language. It's said that the law is "pro-landlord," but that's only because the same boilerplate lease agreement has been circulating for years.


If the same TA has been in general use for years it is IMHO likely due to the fact that the foundation L+T Statutes haven’t changed in years.

amerlok wrote:Granted, my landlord acquiesced in the context of a renewal after my strong position that the first 24 months had more than satisfied the "standard" 12+2 clause. Still, it's worth a try for a new lease as we're currently doing - particularly since these are the terms of a "diplomatic clause" everywhere else that I've lived.


I don’t understand how fulfilling the minimum term (in order to serve Notice) on one TA, carries over if you enter into a new TA. In the latter case surely the timeline resets and your period of tenure starts again. Unless you mean that you agreed to enter into an extension to the pre-existing TA.

amerlok wrote:"Notwithstanding the term of [12/24] months, it may be wholly determined at any point in time after the commencement of the term by the Tenant giving to the Landlord two (2) calendar months' notice in writing of the Tenant’s intention to end the tenancy or two (2) months’ rent in lieu of such notice if either Tenant [single or co-tenant] shall (a) die, (b) become physically and/or mentally disabled, (c) be required to leave Singapore permanently on a job transfer, (d) be required by the relevant law or authorities to leave Singapore, or (e) if his/her/their employment in Singapore is terminated for any reason whatsoever. Provided always that the said written notice shall be accompanied by documentary evidence proving the event relied upon by the Tenant in the said written notice."


Is this supposed to be the benchmark? Curious as I’ve never heard of Grounds a) or b) before. Whereas c/d/e are IME standard Grounds.
Finding yourself dead, in a wheel-chair or ‘struck mental’ are Grounds to exercise a diplomatic clause? ... it’s probably not worth discussing those Grounds much further (if they are true), since hopefully they’d apply to veeery few people. Thought-provoking though the idea is.
'Do it or do not do it: You will regret both' - Kierkegaard

User avatar
sundaymorningstaple
Moderator
Moderator
Posts: 34534
Joined: Thu, 11 Nov 2004
Location: Still Fishing!
Contact:

Re: Diplomatic clause

Postby sundaymorningstaple » Tue, 13 Oct 2015 11:35 pm

I don't know, JR8, the way Singaporeans drive, it's likely that one could very well be the victim of a "safe" driver here. Any one of the three could likely happen.

amerlok
Newbie
Newbie
Posts: 7
Joined: Tue, 22 Nov 2011

Re: Diplomatic clause

Postby amerlok » Wed, 14 Oct 2015 12:23 am

That's the point - there shouldn't be a timeline, so why should it reset?
Happy to be directed to the relevant L+T statutes. I only found "rules of thumb."
In my own case, a-e apply for a co-tenancy - you'd be surprised, death does not automatically terminate a contract.

User avatar
JR8
Immortal
Immortal
Posts: 16514
Joined: Wed, 24 Mar 2010
Location: K. Puki Manis

Re: Diplomatic clause

Postby JR8 » Wed, 14 Oct 2015 12:38 am

@SMS, well quite, maybe you drive a Ferrari or McLaren, in which case as we all know the laws of anything never-mind physics do not apply.

@Amerlok. What do you mean 'there shouldn't be a timeline'?

----
contract
1) n. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities. The existence of a contract requires finding the following factual elements: a) an offer; b) an acceptance of that offer which results in a meeting of the minds; c) a promise to perform; d) a valuable consideration (which can be a promise or payment in some form); e) a time or event when performance must be made (meet commitments); f) terms and conditions for performance, including fulfilling promises; g) performance. [continues]
http://legal-dictionary.thefreedictionary.com/contract
-------

I'd suggest that before making what appear to be authoritative posts you understand what you're talking about. And if you don't fully understand an issue, seeking clarification and learning about it.
'Do it or do not do it: You will regret both' - Kierkegaard

amerlok
Newbie
Newbie
Posts: 7
Joined: Tue, 22 Nov 2011

Re: Diplomatic clause

Postby amerlok » Wed, 14 Oct 2015 12:54 am

JR8, good to see that you're Feeling Lucky with Google.

Clearly, contracts have terms. The topic here is diplomatic clauses, which by definition aren't designed to protect the landord.

In my case, c/d/e are in the context of a co-tenancy. But in the standard language, they only apply after what is effectively a 14-month lock-up that puts an investor's yield before an expat (co)tenant's professional mobility. Again, in a "diplomatic clause."

User avatar
JR8
Immortal
Immortal
Posts: 16514
Joined: Wed, 24 Mar 2010
Location: K. Puki Manis

Re: Diplomatic clause

Postby JR8 » Wed, 14 Oct 2015 2:02 am

amerlok wrote:JR8, good to see that you're Feeling Lucky with Google.

Clearly, contracts have terms. The topic here is diplomatic clauses, which by definition aren't designed to protect the landord.

In my case, c/d/e are in the context of a co-tenancy. But in the standard language, they only apply after what is effectively a 14-month lock-up that puts an investor's yield before an expat (co)tenant's professional mobility. Again, in a "diplomatic clause."


Good luck with your 'day in court', let us know how you get on.
'Do it or do not do it: You will regret both' - Kierkegaard

User avatar
x9200
Moderator
Moderator
Posts: 9290
Joined: Mon, 07 Sep 2009
Location: Singapore

Re: Diplomatic clause

Postby x9200 » Wed, 14 Oct 2015 3:16 am

Time-line: OP probably meant this initial waiting period of 12 month typically present in the SG TAs.

Some other points.

- Of course the death of the tenant does not remove the obligations (it only invalidates these of personal nature). Think about it as if you would borrow some money. The lender can be still after whoever inherited any goods from you.

For the two points below, if I were the LL I would never accept the TA with such wording.

- (b) Physical/mental disability... it needs to be defined (e.g. having a finger broken o being pissed would do?)

- For the (e) point, it can not be for any reason whatsoever (e.g. I quit the job and get a better one, also in SG)

aaronsarah
Newbie
Newbie
Posts: 1
Joined: Wed, 27 Jul 2016

Re: Diplomatic clause

Postby aaronsarah » Fri, 21 Jul 2017 8:52 pm

We have a 24month contract for our condo. If we were to terminate this at 14 months due to me resigning from my job to move back to the UK will it still be OK under the diplomatic clause or would we have to see out the contract? Or find another tennent to take over the lease?

User avatar
x9200
Moderator
Moderator
Posts: 9290
Joined: Mon, 07 Sep 2009
Location: Singapore

Re: Diplomatic clause

Postby x9200 » Sat, 22 Jul 2017 8:43 am

The diplomatic clause? You mean you have it identical as in the first post?

User avatar
Strong Eagle
Moderator
Moderator
Posts: 10617
Joined: Sat, 10 Jul 2004
Location: Off The Red Dot
Contact:

Re: Diplomatic clause

Postby Strong Eagle » Sat, 22 Jul 2017 11:25 pm

As I recall, "diplomatic clauses" rarely include a voluntary termination of employment and almost always are invocable only if the employee has been terminated without recourse.

What does the language of your clause say?


  • Similar Topics
    Replies
    Views
    Last post

Return to “Staying, Living in Singapore”

Who is online

Users browsing this forum: No registered users and 7 guests