Breaking sub lease contract with bad flatmates

[LisaBen]

Hi all,

I've just moved to Singapore and managed to get a very nice room in River Valley, little did I know that my flatmates are party animals. I only paid 1 month deposit and the contract is a one page document that one the flatmates wrote up between me and him (with another flatmate signed as a witness). I have 3 months notice to move out, I did inform them a few days ago but I'm thinking about moving out earlier as I couldn't get much sleep there. I'll lose the deposit but I wonder whether they can take the document to court and I may get the court order to pay the remaining 3 months rent.

It's very simple contract, between 2 person, not even with an agent so I just want to be safe. Dont want to have my name in any bad government record. Appreciate any comments/advices.

Thanks!
Lisa

[PNGMK]

Pretty much unenforceable and they don't sound like the sort to bother. They MIGHT decide to go to the small claims tribunal (if they even know about it) but that's unlikely. Part on good terms - pay your share of the utilities, clean the room, help them find a new flatmate and it should be good.

[x9200]

Lisa, have you talked to them about your problem? What did they say?

[LisaBen]

Thank you for your responses.

Hi PNGMK, Yes I'm a little concerned about the tribunal ordering me to pay. Worst come to worst I think by the time I find the new apartment it will just be another month and a half so given they already take the deposit that's half a month rent remaining.

Hi x9200, I did talked to them, they said, I just rent a room, the common areas are shared and they need to entertain people. Now the relationship is not great I got picked on for small little things in the flat, guess that's why I'm so eager to get out =(.

[PNGMK]

Even if the SCT make an order it's pretty toothless.

[Barnsley]

Hi all,

I've just moved to Singapore and managed to get a very nice room in River Valley, little did I know that my flatmates are party animals. I only paid 1 month deposit and the contract is a one page document that one the flatmates wrote up between me and him (with another flatmate signed as a witness). I have 3 months notice to move out, I did inform them a few days ago but I'm thinking about moving out earlier as I couldn't get much sleep there. I'll lose the deposit but I wonder whether they can take the document to court and I may get the court order to pay the remaining 3 months rent.

It's very simple contract, between 2 person, not even with an agent so I just want to be safe. Dont want to have my name in any bad government record. Appreciate any comments/advices.

Thanks!
Lisa

Welcome to Singapore , if you live with younger folks in a flat share then you better learn to wear ear plugs.

Partying is a pre-requisite of life here, and its infinitely cheaper to do it at home than out on the town.

[x9200]

Lisa, try to gather some evidence if possible for them being noisy at some late hours (record some stuff or something). Your default right as a tenant is "a peaceful enjoyment of the property". If they decide to take any legal action or even withhold your deposit threaten them with a legal/counter action. Such action I believe is possible even with SCT. I agree with PNGMK, these type of people are seldom determined/knowledgeable enough to do anything of this sort, but just to be on the safer side. You could also send them a mail demanding to shut the noise up, registered, receipt advice, just to prevent them claiming that they didn't know they caused any troubles.

[LisaBen]

Thank you x9200 for your advice. I'll start doing that. Learn my lesson now, will get a one bedroom and rather pay more for rent instead of sharing =). Actually I was sharing in London for the past 3 years before I come here, no problem at all =).

[JR8]

Your 'tenancy agreement', from how you describe it, doesn't sound as if it's going have much legal validity. If that's right, it means notice periods and holding of deposits etc also have a questionable validity. It probably also means they can't take legal action based upon it.

Is the property HDB or a private condo? If the former is you sub-tenancy registered with HDB? If the latter, ditto vs condo Management? This is a useful time for you to be considering such things; identifying and gathering your weapons...

[LisaBen]

Hi JR8,

Thank you for your suggestion, very valuable. It's a very simple 1 page contract that the current tenant wrote, not registered with the condo/property management. Just stating the amount of rent each month, bills to paid, damage deducted from the deposit if any. One year term but can be terminated with 3 months notice. Signed by myself, the principle tenant and another flatmate as a witness.

If you think that wont have much legal validity that will be great=) I assume they can't take this to SCT? I'm just nervous about if I want to find a new job or apply for PR later here and my name is on some civil records. That will be bad! But seems like it wont be the case if I'm just prepared to lose the deposit.

Thanks again!

[x9200]

Unfortunately they can take it even if it was a verbal agreement (providing they can prove it took place of course). One page or not, it is an agreement. If it was required for the stamping fees to be paid and the fees remain unpaid, then it is not admissible to the court but as soon as the fees are paid it can be admitted.

For the records, don't worry. It's a civil matter and AFAIK such records don't exist in SG.