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Malaysian Landlord - Defaulting on multiple payments

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laukhattam
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Malaysian Landlord - Defaulting on multiple payments

Post by laukhattam » Fri, 22 Feb 2019 8:03 pm

Hello all!

Been a long time lurker in the forum. I am having quiet a interesting couple of weeks - not in a good way. :(

I am hoping to get some insights on what are tenants legal rights here in Singapore. I have recently moved in to a apartment with my family. Since we moved in about 3 months ago, we have received multiple letter from law firm in my landlord's name. We have collected the letters and land lord has come and picked it up. We did not know the content of these letter until last week.

We had a court order stuck on our main door with my land lord's name on it. Apparently he owes the MGMT CORPORATION STRATA TITLE some cash. I had immediately informed the agent and she contacted the landlord. I heard the next day from the landlord that he will take care of this ASAP.

Today, i got another letter addressed to the OWNERS/Tenants/Occupants. The letter says the landlord is being sued by UOB bank and it's a warning letter saying the client of the law firm - UOB is considering filing a Writ of Seizure & Sale etc the Bailiff may effect forced entry resulting in damage caused to your access locks and doors and UOB won't be liable for the damages etc. @#$@$@#!@. I just got off the phone with the agent and apparently the owner is on top of this and has told her than this will be taken care of by mid next week.

So, long story sort, can anyone tell me what my options are here. What are tenant laws here in Singapore? I travel often for work leaving my wife and 4 year old at home. Can they actually break in or bar the apartment from entering?

I would really any advise you guys may have (besides move out ASAP).

Thank you!!!

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PNGMK
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Re: Malaysian Landlord - Defaulting on multiple payments

Post by PNGMK » Fri, 22 Feb 2019 8:17 pm

You have absolutely no tenant rights in Singapore apart from what is in your contract and what is in common law as there is conveniently no actual tenancy law or act. In this case (and I hope you did take pics of the docs) I would actually consult a solicitor witgh copies of the docs - this is beyond the realm of a free advice board and as the damages and potential risk are significant I think it's worth doing so.

In my opinion you should ask your solicitor advice on:

1. Breaking contract with out penatly and how
2. Maintaining your right to peaceful quiet use of the facilities until you have moved out.

I should add that IME when things have gotten this far the LL is going bust and has loan sharks on his tail and the situation is unfixable. He will lose the apartment.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

laukhattam
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Re: Malaysian Landlord - Defaulting on multiple payments

Post by laukhattam » Fri, 22 Feb 2019 9:06 pm

Hi, thank you!

I was googling for solicitors earlier. Is there any in this forum that has helped folks in similar situation?

I am hoping to hear something good from the LL next week but like you said, this has probably gone beyond fixable. If the bank does repossess the apartment, will they give the tenant sometime to move out? I don't know how long this has been going on, hoping i have some time to seek some expert advise and look for a place to move.

Happy friday!
Last edited by laukhattam on Fri, 22 Feb 2019 9:07 pm, edited 1 time in total.

laukhattam
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Re: Malaysian Landlord - Defaulting on multiple payments

Post by laukhattam » Fri, 22 Feb 2019 9:07 pm

Hi, thank you!

I was googling for solicitors earlier. Is there any in this forum that has helped folks in similar situation?

I am hoping to hear something good from the LL next week but like you said, this has probably gone beyond fixable. If the bank does repossess the apartment, will they give the tenant sometime to move out? I don't know how long this has been going on, hoping i have some time to seek some expert advise and look for a place to move.

Happy friday!

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PNGMK
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Re: Malaysian Landlord - Defaulting on multiple payments

Post by PNGMK » Sat, 23 Feb 2019 8:40 am

If you're looking for free legal advice buy a lawyer friend some drinks. If the bank takes over the apartment they should honor the existing T.A. but being a bank they probably know how to break the lease somehow. Personally I would RING the BANK and see if you can;

1. Negotiate to let them in if they take possession so they don't break down the door etc
2. Negotiate a notice period if they want you to vacate INCLUDING damages (money) for early termination of the lease to cover your moving out and new lease establishment costs.

This is why you want some help. It's not DIY time.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

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x9200
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Re: Malaysian Landlord - Defaulting on multiple payments

Post by x9200 » Sat, 23 Feb 2019 3:23 pm

laukhattam wrote:Hello all!

Been a long time lurker in the forum. I am having quiet a interesting couple of weeks - not in a good way. :(

I am hoping to get some insights on what are tenants legal rights here in Singapore. I have recently moved in to a apartment with my family. Since we moved in about 3 months ago, we have received multiple letter from law firm in my landlord's name. We have collected the letters and land lord has come and picked it up. We did not know the content of these letter until last week.

We had a court order stuck on our main door with my land lord's name on it. Apparently he owes the MGMT CORPORATION STRATA TITLE some cash. I had immediately informed the agent and she contacted the landlord. I heard the next day from the landlord that he will take care of this ASAP.

Today, i got another letter addressed to the OWNERS/Tenants/Occupants. The letter says the landlord is being sued by UOB bank and it's a warning letter saying the client of the law firm - UOB is considering filing a Writ of Seizure & Sale etc the Bailiff may effect forced entry resulting in damage caused to your access locks and doors and UOB won't be liable for the damages etc. @#$@$@#!@. I just got off the phone with the agent and apparently the owner is on top of this and has told her than this will be taken care of by mid next week.

So, long story sort, can anyone tell me what my options are here. What are tenant laws here in Singapore? I travel often for work leaving my wife and 4 year old at home. Can they actually break in or bar the apartment from entering?

I would really any advise you guys may have (besides move out ASAP).

Thank you!!!
There are two main aspects:

First, your tenancy agreement with the LL. The LL is bind by this contract and all the damages resulting from the fact that he has some issues with the bank are legally his problems. This basically means that he is responsible for all damages and costs resulting from the fact you may not be able to enjoy the property he rented to you. If it comes to the worst and you may need to move out, stay some time in a hotel, find another apartment, pay all the Movers, and all you do to handle the situation in a reasonable manner, the LL should pay for this. The tricky part could be whether there will be any property/money to pay your rightful expenses if he refuses to do it and you need to sue him.

The second aspect is taking over the possession of the property by the bank and here I can not say too much, except of course that it should be by as stated, by a bailiff equipped with a writ. I don't think you can do anything about it but seeing a lawyer may be worth some money to be paid. Again, with the bailiff acting legally and enforcing the right of the bank, whatever damage/loses you sustain, the LL is to be held responsible for this.

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