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House rental issues

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predesh
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House rental issues

Post by predesh » Mon, 29 Apr 2019 2:04 am

Hi,
I have just rental a unit and within few weeks landlord's agent told me there is a potential buyer want to see the unit. I have asked my agent (tenant agent) before signing the contract has the landlord got plans to sell the unit as it may disturb me often for viewing. Moreover my time schedule is not that easy for to arrange viewing. At that time, my agent told me "No, the landlord is not planning to sell the unit anytime now". Now, when i ask my agent why there is a buyer, he says he is not aware that landlord is planning to sell the unit. When i talk to Landlord's agent asked him "why don't you inform me this earlier as i might have not taken this unit at all. I cannot make viewing everything you ask me due to my work schedule is too busy.", he is being very rude and told me said "this is as per agreement and you have to schedule for viewing when we ask and i have been displaying the ads for both rental and buyers". I told him "I am renting the unit, i don't know what you have posted for buying, I don't see the option for buying unit, so it is your duty to let the tenant know about the property selling". Landlords agent said "Talk to your agent, he should know that landlord is planning to sell the unit, you sue your agent if you want". Also, when i ask both agents about the landlord's contact details so at least i can inform the landlord that these agent din't tel me about selling property. The agent told me that the landlord contact details cannot be disclose and she is chinese speaking so you cannot talk to her.
My point here is due to my work schedule i cannot make any promises for any viewing so why it was not informed to me earlier so i would have not taken the unit at all and that it would be easy for me and landlord also to show potential buyers the unit anytime they want. Now that, I am upset that both the agents are playing with me and not telling the truth. Since i have already signed the contract also i cannot breach now. what should I do now?

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PNGMK
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Re: House rental issues

Post by PNGMK » Mon, 29 Apr 2019 9:50 am

Firstly stop panicking. The sales market here is VERY slow. There may only a be a viewing every few months. Second what does your TA say about this? That's the main contract - does it say you need 24 hours notice? Does it even say viewings are permitted? Only what is written is what matters, verbal doesn't count. Stick to what the TA says, be firm but not rude. IME most agents will work with you to find suitable viewing times which are usually in the weekend or evenings and normally very short (15 mins or so).
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predesh
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Re: House rental issues

Post by predesh » Mon, 29 Apr 2019 10:11 am

Hi. This is what my TA says "To permit persons with authority from the Landlord at all reasonable times by prior
appointment to enter and view the Premises whenever the Landlord wants to sell
the Premises." My concern here is only why dont they inform me earlier about this and i would have taken someother unit for rent. The landlord haven't cleaned the unit also, i spend $300 for cleaning the unit and now to show for buyers? I dont like being called everymonth asking for viewing, that is my concern here and both the agents are not ready to give landlord number also.

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Re: House rental issues

Post by x9200 » Mon, 29 Apr 2019 10:27 am

predesh wrote:Hi. This is what my TA says "To permit persons with authority from the Landlord at all reasonable times by prior
appointment to enter and view the Premises whenever the Landlord wants to sell
the Premises." My concern here is only why dont they inform me earlier about this and i would have taken someother unit for rent. The landlord haven't cleaned the unit also, i spend $300 for cleaning the unit and now to show for buyers? I dont like being called everymonth asking for viewing, that is my concern here and both the agents are not ready to give landlord number also.
Firstly, your main potential concern would be if your TA missed a clause saying that the sell is subject to this TA and the LL has rights to terminate the TA because of the sell. If the clause is there you can live in the apartment for the rest of the TA term.

Secondly, set the visits the way they are convenient for you. You surely have in your TA a general clause that you have rights for peaceful enjoyment of this property. Frequent visits by LL or his agent will violate such clause.

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PNGMK
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Re: House rental issues

Post by PNGMK » Mon, 29 Apr 2019 10:28 am

They did. It was in the TA you numbskull. If you didn't want them to view then you should have written it into the TA. Now you've signed something that is ambiguous and vague (what is "reasonable times"? - there is no definition of it) and you'll be screwed unless you put your big boy pants on.

You need to get an agreement that reasonable notice is 48 hours or so and that reasonable hours are (for example) only between 7 to 9 pm or something similar.

Basically you have no leg to stand on.
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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PNGMK
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Re: House rental issues

Post by PNGMK » Mon, 29 Apr 2019 10:30 am

x9200 wrote:
predesh wrote:Hi. This is what my TA says "To permit persons with authority from the Landlord at all reasonable times by prior
appointment to enter and view the Premises whenever the Landlord wants to sell
the Premises." My concern here is only why dont they inform me earlier about this and i would have taken someother unit for rent. The landlord haven't cleaned the unit also, i spend $300 for cleaning the unit and now to show for buyers? I dont like being called everymonth asking for viewing, that is my concern here and both the agents are not ready to give landlord number also.
Firstly, your main potential concern would be if your TA missed a clause saying that the sell is subject to this TA and the LL has rights to terminate the TA because of the sell. If the clause is there you can live in the apartment for the rest of the TA term.

Secondly, set the visits the way they are convenient for you. You surely have in your TA a general clause that you have rights for peaceful enjoyment of this property. Frequent visits by LL or his agent will violate such clause.
Nah - there's not strict legal definition of any of this (peace and quiet or convenient visits) so OP is screwed. He needs to signal that he will be difficult (i.e. not clean up, not be available at short notice, will be obstructive to viewers) in order to get some reasonable boundaries set up.
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!

predesh
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Re: House rental issues

Post by predesh » Mon, 29 Apr 2019 10:45 am

PNGMK wrote:They did. It was in the TA you numbskull. If you didn't want them to view then you should have written it into the TA. Now you've signed something that is ambiguous and vague (what is "reasonable times"? - there is no definition of it) and you'll be screwed unless you put your big boy pants on.

You need to get an agreement that reasonable notice is 48 hours or so and that reasonable hours are (for example) only between 7 to 9 pm or something similar.

Basically you have no leg to stand on.
Hmm, you have to check the additional clause with prior appointment. every TA mostly i sign in singapore has this same clause. I am being generous for both landlord and tenant that if landlord want to sell the unit, why can't he inform tenant and make sure the tenant is so flexible for viewing, so he can sell the unit easily. I work mon - sat return late home, i have only Sunday which i need to spend for myself. There is another clause that say Quiet enjoyment from Landlord which is not happening.

predesh
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Re: House rental issues

Post by predesh » Mon, 29 Apr 2019 10:48 am

x9200 wrote:
predesh wrote:Hi. This is what my TA says "To permit persons with authority from the Landlord at all reasonable times by prior
appointment to enter and view the Premises whenever the Landlord wants to sell
the Premises." My concern here is only why dont they inform me earlier about this and i would have taken someother unit for rent. The landlord haven't cleaned the unit also, i spend $300 for cleaning the unit and now to show for buyers? I dont like being called everymonth asking for viewing, that is my concern here and both the agents are not ready to give landlord number also.
Firstly, your main potential concern would be if your TA missed a clause saying that the sell is subject to this TA and the LL has rights to terminate the TA because of the sell. If the clause is there you can live in the apartment for the rest of the TA term.

Secondly, set the visits the way they are convenient for you. You surely have in your TA a general clause that you have rights for peaceful enjoyment of this property. Frequent visits by LL or his agent will violate such clause.
Hi, LL sell the unit along with TA. my TA is not affected due to selling the unit.

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Re: House rental issues

Post by x9200 » Mon, 29 Apr 2019 11:01 am

PNGMK wrote:
x9200 wrote: Firstly, your main potential concern would be if your TA missed a clause saying that the sell is subject to this TA and the LL has rights to terminate the TA because of the sell. If the clause is there you can live in the apartment for the rest of the TA term.

Secondly, set the visits the way they are convenient for you. You surely have in your TA a general clause that you have rights for peaceful enjoyment of this property. Frequent visits by LL or his agent will violate such clause.
Nah - there's not strict legal definition of any of this (peace and quiet or convenient visits) so OP is screwed. He needs to signal that he will be difficult (i.e. not clean up, not be available at short notice, will be obstructive to viewers) in order to get some reasonable boundaries set up.
I believe he is not. I had such problem in past and when the visits became too frequent (even being always arranged at my convenience) I just said it was too much. Probably what helped was that the LL was a lawyer and she already learnt earlier I knew what TA was about. Of course one should act reasonably and something like 1-2 visit a week for a month or so should be accepted. If this continue longer with such frequency I would point to the peaceful enjoyment and either ask to lower the rent or refuse the visit.

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PNGMK
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Re: House rental issues

Post by PNGMK » Mon, 29 Apr 2019 11:33 am

predesh wrote:
PNGMK wrote:They did. It was in the TA you numbskull. If you didn't want them to view then you should have written it into the TA. Now you've signed something that is ambiguous and vague (what is "reasonable times"? - there is no definition of it) and you'll be screwed unless you put your big boy pants on.

You need to get an agreement that reasonable notice is 48 hours or so and that reasonable hours are (for example) only between 7 to 9 pm or something similar.

Basically you have no leg to stand on.
Hmm, you have to check the additional clause with prior appointment. every TA mostly i sign in singapore has this same clause. I am being generous for both landlord and tenant that if landlord want to sell the unit, why can't he inform tenant and make sure the tenant is so flexible for viewing, so he can sell the unit easily. I work mon - sat return late home, i have only Sunday which i need to spend for myself. There is another clause that say Quiet enjoyment from Landlord which is not happening.
Once again I point out that your relying on VERBAL assurances and communication which are simply hearsay. Your best clause is the quiet enjoyment clause. You could argue that to mean no visits from anyone except in an emergency situation is your definition of a necessary visit . When they ask about viewing visits say "No". They will then have to compromise with something. However what these asses will end up doing is just showing up and letting themselves in - make sure you have cameras running and installed. If they show up without notice then start lodging police reports for break and entry.
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!

predesh
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Re: House rental issues

Post by predesh » Mon, 29 Apr 2019 12:12 pm

PNGMK wrote:
predesh wrote:
PNGMK wrote:They did. It was in the TA you numbskull. If you didn't want them to view then you should have written it into the TA. Now you've signed something that is ambiguous and vague (what is "reasonable times"? - there is no definition of it) and you'll be screwed unless you put your big boy pants on.

You need to get an agreement that reasonable notice is 48 hours or so and that reasonable hours are (for example) only between 7 to 9 pm or something similar.

Basically you have no leg to stand on.
Hmm, you have to check the additional clause with prior appointment. every TA mostly i sign in singapore has this same clause. I am being generous for both landlord and tenant that if landlord want to sell the unit, why can't he inform tenant and make sure the tenant is so flexible for viewing, so he can sell the unit easily. I work mon - sat return late home, i have only Sunday which i need to spend for myself. There is another clause that say Quiet enjoyment from Landlord which is not happening.
Once again I point out that your relying on VERBAL assurances and communication which are simply hearsay. Your best clause is the quiet enjoyment clause. You could argue that to mean no visits from anyone except in an emergency situation is your definition of a necessary visit . When they ask about viewing visits say "No". They will then have to compromise with something. However what these asses will end up doing is just showing up and letting themselves in - make sure you have cameras running and installed. If they show up without notice then start lodging police reports for break and entry.
Yes, i have a plan to install camera as well. Thanks for the information.

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martincymru
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Re: House rental issues

Post by martincymru » Tue, 30 Apr 2019 3:19 pm

OP
You have a strong position: The term "reasonable" (definition by you) is your backstop.

Be fair to the owner, if they want to sell then you should allow potential buyers access, albeit with provisos.

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