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Legal subletting of condo?

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hommelibre
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Legal subletting of condo?

Post by hommelibre » Fri, 19 Feb 2016 9:34 pm

Good morning

A couple of months ago I have signed a 2 years TA for a condo with the usual diplomatic clause that kicks in after 1 year. My company is going to second me abroad for ~8 months, that means I would leave and return to Singapore before I can exercise the diplomatic clause.

My TA allows subletting subject to landlord's approval. Can I sublet the unit while I am away (obviously, legally) to recover part of the rent I am paying, and if so under which conditions? Where can I find a template of a subletting agreement?

What other options do I have to recover part of the costs during this period?

Thank you in advance.

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JR8
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Re: Legal subletting of condo?

Post by JR8 » Fri, 19 Feb 2016 11:53 pm

I suspect you won't get far with your LL. Prior anecdote on this forum suggests this is typically taken as an opportunity by the landlord to mercilessly wring the maximum cash out of you. For example, you might have a notional right to sub-let, with the LLs approval, but all too often the LL will not approve anyone else.

What of your employer and this secondment? Don't they know you'd be on the hook for 8/+ months rent? Perhaps a starting point would be to ask the employee how they suggest you deal with the tenancy (without material loss) if the employer wish to transfer you. 'Otherwise, how can ah?'
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hommelibre
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Re: Legal subletting of condo?

Post by hommelibre » Sat, 20 Feb 2016 6:20 am

Thanks for your reply.

Material loss is not an issue here as my employer is paying for all my expenses in the secondment destination, hence I wouldn't pay double accommodation charges.

That said it sounds a bit silly to pay a relatively hefty rent for a home we will not use. So if there is any way to recover part of this expense legally...

Thanks

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Re: Legal subletting of condo?

Post by PNGMK » Sat, 20 Feb 2016 9:54 am

Depending how well your LL / agent monitor the place I'd suggest a sublet is possible under the 'one room locked' scenario.
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Re: Legal subletting of condo?

Post by x9200 » Sat, 20 Feb 2016 10:59 am

hommelibre wrote:Good morning

A couple of months ago I have signed a 2 years TA for a condo with the usual diplomatic clause that kicks in after 1 year. My company is going to second me abroad for ~8 months, that means I would leave and return to Singapore before I can exercise the diplomatic clause.

My TA allows subletting subject to landlord's approval. Can I sublet the unit while I am away (obviously, legally) to recover part of the rent I am paying, and if so under which conditions? Where can I find a template of a subletting agreement?

What other options do I have to recover part of the costs during this period?

Thank you in advance.
Does the relevant clause says something over the line that the LL should not unreasonably refuse the approval? If it does, just find a tenant and ask for approval. The conditions should obviously be not less restrictive than your own TA but what you put inside is up to you. In other words, you may take your current TA, add some restrictions, change the names and numbers etc etc.

JR8, I believe the cases on this forum were more concerned finding a replacement tenant where the LLs knew the tenant was leaving the country (often in breach of the TA) so they were more than happy acting as opportunistic AHs.

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Re: Legal subletting of condo?

Post by hommelibre » Sat, 20 Feb 2016 11:33 am

Thanks all,

The clause does say that the landlord should not unreasonably refuse. And the one room locked scenario would work for us.

Is there a minimum sublease term? I read 6 months but I'm not sure if it's for HDBs or for condos as well.

Would the sublet involve the landlord's agent in any way? Or can he help find a subtenant, obviously earning commission?

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Re: Legal subletting of condo?

Post by x9200 » Sat, 20 Feb 2016 11:45 am

6 months min is for all the types of the property. 1 room locked, as far as I understand is (was?) for hdbs only to workaround the hdb specific regulations, but of course you may just sub-let the part of the property.

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