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Need help on Tenancy Agreement (Right to terminate)

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kongbang
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Need help on Tenancy Agreement (Right to terminate)

Postby kongbang » Tue, 21 Jun 2016 5:48 pm

Hi,

I'm reading the tenancy agreement and not sure if I understand it correctly.

The first part of agreement is "Right to Terminate". Below is what it said.

"Agreement, any prohibited immigrant is found on the said premises or there is any change in the immigration and/or employment status of the Tenant and/or permitted occupants and the Tenant and/or permitted occupants is/are no longer allowed to reside in the Republic of Singapore, this Agreement shall immediately be terminated and the security deposit forfeited by the Landlord without prejudice to any right of action of the Landlord in respect of any breach of this Agreement by the Tenant"

I bold the part where I'm related, I just signed Letter of Intent to rent this room last week but yesterday company just give me a bad new of my job and 19-July will be my last working day(If I can't find a new job).

I already talk with agent about cancel my rental but the Landlord will not return the deposit.

I still haven't sign the Tenancy agreement yet. So, I'm checking if there anything I can do about the agreement in case I can't find a new job by 19-July.

From my understanding on above "Right To Terminate" part is.

If my employment status change to unemployed then the tenancy agreement will be terminate immediately and deposit will be taken by Landlord.

But I'm not sure about "without prejudice to any right of action of the Landlord in respect of any breach of this Agreement by the Tenant" part.

Is it mean that Landlord can take another action(asking for more compensation) on me?

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x9200
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Re: Need help on Tenancy Agreement (Right to terminate)

Postby x9200 » Tue, 21 Jun 2016 5:59 pm

LoI is not a legally binding document. All the rest is secondary to it. I am surprised you have such detailed information as you quoted in LoI as it clearly refers to TA, not to LoI. Is it really in the LoI? Did you move in to the apartment?

kongbang
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Re: Need help on Tenancy Agreement (Right to terminate)

Postby kongbang » Tue, 21 Jun 2016 6:22 pm

Hi x9200,

The info are in TA. I already signed the LOI and currently checking content of TA before decide to sign it.

I still need a room if I able to get another job in SG and I don't want to just lose the deposit without nothing.

But I also want to know what will happen in worse case which I not able to find a new job.

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Re: Need help on Tenancy Agreement (Right to terminate)

Postby x9200 » Tue, 21 Jun 2016 7:41 pm

The clause you quoted is a complete rubbish. Don't agree to sign anything like this.

You may sign something like this:
"[..], any prohibited immigrant is found on the said premises this Agreement shall immediately be terminated and the security deposit forfeited by the Landlord without prejudice to any right of action of the Landlord in respect of any breach of this Agreement by the Tenant"

Normally, the situation when the tenant has to leave the country is used to the tenant's favour (a diplomatic clause). Never seen anything as malicious as the clause you quoted. You should fire your agent if you have one.

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Re: Need help on Tenancy Agreement (Right to terminate)

Postby PNGMK » Wed, 22 Jun 2016 7:23 am

If you've not paid anything and no signed the TA there is no issue. Find a cheap hotel. DON'T SIGN THE TA or MOVE IN without a job.

IF the AGENT OR LL say you have to pay the answer is 'take me to the Small Claims Tribunal". IF you have not moved in then the case will be dismissed. You need to find a job. Not worry about the apartment yet.
I have gay, black, Asian friends and then JR8.

kongbang
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Re: Need help on Tenancy Agreement (Right to terminate)

Postby kongbang » Wed, 22 Jun 2016 3:38 pm

I already paid the deposit during that time I signed LOI.

Anyway, Thank you for all your info. Look like I will need to let go of deposit. I'm really out of luck. Lost both job and money.

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x9200
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Re: Need help on Tenancy Agreement (Right to terminate)

Postby x9200 » Wed, 22 Jun 2016 4:09 pm

My message was clear, but well, it's your money.

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Re: Need help on Tenancy Agreement (Right to terminate)

Postby PNGMK » Wed, 22 Jun 2016 4:10 pm

A word to the wise. Don't bother with LOI. Sign TA only.
I have gay, black, Asian friends and then JR8.

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Re: Need help on Tenancy Agreement (Right to terminate)

Postby kongbang » Wed, 22 Jun 2016 6:04 pm

x9200 wrote:My message was clear, but well, it's your money.



Hi x9200,

Sorry, I'm really not good at legal thing and this is the first time I try to rent the whole unit.

I already gave deposit to landlord a week ago during the time I signed LOI.

I just know that LOI legally binding document but landlord refuse to refund the deposit if I cancel(not sign the agreement).

Not sure what action I can take to get it back. Please advise

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Re: Need help on Tenancy Agreement (Right to terminate)

Postby x9200 » Wed, 22 Jun 2016 6:34 pm

kongbang wrote:
x9200 wrote:My message was clear, but well, it's your money.



Hi x9200,

Sorry, I'm really not good at legal thing and this is the first time I try to rent the whole unit.

I already gave deposit to landlord a week ago during the time I signed LOI.

I just know that LOI legally binding document but landlord refuse to refund the deposit if I cancel(not sign the agreement).

Not sure what action I can take to get it back. Please advise

Sue him in the Small Claims Tribunal (SCT). It will cost you $10 and a bit of your time. You don't need a lawyer (actually you are even prohibited to have one, so is the LL).
Tell the LL or his agent first, that you are going to sue the LL in SCT if s/he doesn't return the deposit.

See how far this will get you.

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Re: Need help on Tenancy Agreement (Right to terminate)

Postby kongbang » Wed, 22 Jun 2016 6:39 pm

x9200 wrote:
kongbang wrote:
x9200 wrote:My message was clear, but well, it's your money.



Hi x9200,

Sorry, I'm really not good at legal thing and this is the first time I try to rent the whole unit.

I already gave deposit to landlord a week ago during the time I signed LOI.

I just know that LOI legally binding document but landlord refuse to refund the deposit if I cancel(not sign the agreement).

Not sure what action I can take to get it back. Please advise

Sue him in the Small Claims Tribunal (SCT). It will cost you $10 and a bit of your time. You don't need a lawyer (actually you are even prohibited to have one, so is the LL).
Tell the LL or his agent first, that you are going to sue the LL in SCT if s/he doesn't return the deposit.

See how far this will get you.


Thank you for your advise. I will try.

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Re: Need help on Tenancy Agreement (Right to terminate)

Postby JR8 » Wed, 22 Jun 2016 7:36 pm

Good luck. If you do go to the SCT please let us know how you get on. Any such updates will be very useful to others that follow in your unfortunate footsteps.
'Do it or do not do it: You will regret both' - Kierkegaard

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Re: Need help on Tenancy Agreement (Right to terminate)

Postby kongbang » Tue, 23 Aug 2016 12:25 pm

Hi all,

After a long process, I just attended Hearing at SCT today.

Result is Landlord need to pay me back full deposit.

Main point for decision is when LOI signed, it binding both parties to T&C in LOI.

And in LOI that I signed, T&C 16 mentioned that, "in the event that T&C in Tenancy agreement can't be agree upon by both parties. Landlord must refund deposit."

So, I got my deposit back


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