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Leaving before the end of the tenancy

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qiqialicetan
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Leaving before the end of the tenancy

Postby qiqialicetan » Thu, 20 Oct 2016 2:03 pm

Currently stayed for 6months already , and in first Landlord had verbally said that we may feel free to move anytime if don’t like here. When we signed the contract is lease for 12 months, with one term is wrote as below:

1. BOTH THE TENANT AND THE LANDLORD CAN GIVE ONE MONTH NOTICE FOR EARLY TERMINATION OF TENANCY AFTER A MINIMUM OCCUPATION PERIOD OF SIX MONTHS. IN THIS CASE, THE DEPOSIT SHALL BE REFUNDED AFTER DEDUCTIONS FOR DAMAGES CAUSED BY THE TENANT, IF ANY.

Problem is, after 6 months we informed Landlord that we want to move by giving 1 month notice, Landlord told that there was a Penalty which follow market practice ! I want to ask that is it have to follow what we signed in Tenancy Agreement instead of “ market practice” ? :o

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Re: Leaving before the end of the tenancy

Postby singaporeflyer » Thu, 20 Oct 2016 5:39 pm

TA is to be followed. But, did you ask him what is the market practice and penalty? May be it refers to the agent fee that he has paid?

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Re: Leaving before the end of the tenancy

Postby qiqialicetan » Fri, 21 Oct 2016 12:46 pm

singaporeflyer wrote:TA is to be followed. But, did you ask him what is the market practice and penalty? May be it refers to the agent fee that he has paid?


Thanksyou very much for respond.
Landlord was meant 1 year of leasing in "market practice" instead of 6months , our TA title is 1 year leasing but in fact TA have mentioned that only minimum 6months occupation ,then we can choose to stay back or leave.

And how do they count in penalty? Please advise.

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Re: Leaving before the end of the tenancy

Postby sundaymorningstaple » Fri, 21 Oct 2016 12:54 pm

I can see him getting burned for the entire amount of the lease if it's written as quoted by him.

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Re: Leaving before the end of the tenancy

Postby qiqialicetan » Sat, 22 Oct 2016 3:06 pm

sundaymorningstaple wrote:I can see him getting burned for the entire amount of the lease if it's written as quoted by him.


Yes , Landlord was asking for Compesate for the prorated agent Commission, but this was not stated in TA that we need to do so . headache with this . Agent was told us to ask opinion from others agent too, this is common compensate in Sg . but isn't doesn't fair for us since we Have fulfilled the contract term .

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Re: Leaving before the end of the tenancy

Postby singaporeflyer » Sat, 22 Oct 2016 3:55 pm

qiqialicetan wrote:
sundaymorningstaple wrote:I can see him getting burned for the entire amount of the lease if it's written as quoted by him.


Yes , Landlord was asking for Compesate for the prorated agent Commission, but this was not stated in TA that we need to do so . headache with this . Agent was told us to ask opinion from others agent too, this is common compensate in Sg . but isn't doesn't fair for us since we Have fulfilled the contract term .



Asking for prorated agent commission is ok, as per my view. As long as he does not ask you to pay the entire LEASE amount, it is ok.

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Re: Leaving before the end of the tenancy

Postby qiqialicetan » Sat, 22 Oct 2016 4:13 pm

singaporeflyer wrote:
qiqialicetan wrote:
sundaymorningstaple wrote:I can see him getting burned for the entire amount of the lease if it's written as quoted by him.


Yes , Landlord was asking for Compesate for the prorated agent Commission, but this was not stated in TA that we need to do so . headache with this . Agent was told us to ask opinion from others agent too, this is common compensate in Sg . but isn't doesn't fair for us since we Have fulfilled the contract term .



Asking for prorated agent commission is ok, as per my view. As long as he does not ask you to pay the entire LEASE amount, it is ok.



But not clause stated in our TA for compensate the agent fee, I not going to pay as Long as I fulfilled and follow the contract

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Re: Leaving before the end of the tenancy

Postby singaporeflyer » Sat, 22 Oct 2016 5:35 pm

qiqialicetan wrote:
singaporeflyer wrote:
qiqialicetan wrote:
Yes , Landlord was asking for Compesate for the prorated agent Commission, but this was not stated in TA that we need to do so . headache with this . Agent was told us to ask opinion from others agent too, this is common compensate in Sg . but isn't doesn't fair for us since we Have fulfilled the contract term .



Asking for prorated agent commission is ok, as per my view. As long as he does not ask you to pay the entire LEASE amount, it is ok.



But not clause stated in our TA for compensate the agent fee, I not going to pay as Long as I fulfilled and follow the contract



You are complicating things. In general, no landlord will be ok to allow you terminate the lease after just 6 months. At least this landlord was ok for that and allowed you to have that in your TA. Now you want him to pay the agent fee charges that he will incur because you are breaking the lease?

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Re: Leaving before the end of the tenancy

Postby x9200 » Sat, 22 Oct 2016 5:38 pm

singaporeflyer wrote:
qiqialicetan wrote:
sundaymorningstaple wrote:I can see him getting burned for the entire amount of the lease if it's written as quoted by him.


Yes , Landlord was asking for Compesate for the prorated agent Commission, but this was not stated in TA that we need to do so . headache with this . Agent was told us to ask opinion from others agent too, this is common compensate in Sg . but isn't doesn't fair for us since we Have fulfilled the contract term .



Asking for prorated agent commission is ok, as per my view.

It's not ok as the LL agreed to something else, unless of course the OP is a philanthropist.

As long as he does not ask you to pay the entire LEASE amount, it is ok.
You are clearly living too long in Singapore.

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x9200
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Re: Leaving before the end of the tenancy

Postby x9200 » Sat, 22 Oct 2016 5:39 pm

singaporeflyer wrote:
qiqialicetan wrote:
sundaymorningstaple wrote:I can see him getting burned for the entire amount of the lease if it's written as quoted by him.


Yes , Landlord was asking for Compesate for the prorated agent Commission, but this was not stated in TA that we need to do so . headache with this . Agent was told us to ask opinion from others agent too, this is common compensate in Sg . but isn't doesn't fair for us since we Have fulfilled the contract term .



Asking for prorated agent commission is ok, as per my view.

It's not ok as the LL agreed to something else, unless of course the OP is a philanthropist.

As long as he does not ask you to pay the entire LEASE amount, it is ok.

You are clearly living too long in Singapore.

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Re: Leaving before the end of the tenancy

Postby qiqialicetan » Sat, 22 Oct 2016 8:37 pm

singaporeflyer wrote:
qiqialicetan wrote:
singaporeflyer wrote:

Asking for prorated agent commission is ok, as per my view. As long as he does not ask you to pay the entire LEASE amount, it is ok.



But not clause stated in our TA for compensate the agent fee, I not going to pay as Long as I fulfilled and follow the contract



You are complicating things. In general, no landlord will be ok to allow you terminate the lease after just 6 months. At least this landlord was ok for that and allowed you to have that in your TA. Now you want him to pay the agent fee charges that he will incur because you are breaking the lease?


Im not breaking the lease , the TA have mentioned that we can leave with minimum 6months of lease, we have fulfilled the TA. I don't think that's is ok to bear for the agent fee .

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Re: Leaving before the end of the tenancy

Postby sundaymorningstaple » Sun, 23 Oct 2016 11:11 am

It's still breaking the lease. Looking at it your way, You should have had it as a 6 month lease with extensions. As it stands now, you are technically liable to pay off the lease AND more than likely a prorata share of the Agents Fee that the LL had to pay.

This is why one 2 year leases, it's good to get a Diplomatic Clause inserted in the lease. That way, if you have to leave Singapore due to transfer, redundency, terminated, etc. (not just changing job cause you found a better offer - you have to be leaving Singapore) after you have been in the unit for 12 months, you can invoke the Dip Clause with 2 months notice and you are clear (not liable to pay off the lease). Doesn't sound like you had that clause, so you are liable for the full term of the lease.

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Re: Leaving before the end of the tenancy

Postby x9200 » Sun, 23 Oct 2016 12:57 pm

SMS, where do you see breaking him the lease? What the diplomatic clause has to do with it? You have full freedom to define your own TA the way you and the LL agree. There are no restrictions and no legal (statue) obligation concerning it or at least I am not aware of them. The fact, that there are some "standard" TA clauses frequently used and they may have some practical justification, doesn't mean this is the only way. BTW, the OP's agreement allows the termination for both of the party, so even for the ethical part, I think it is balanced. In a "standard" agreement the LL has no right to give such notice.


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