Told the Landlord agent and she mentioned it is the tennis court and asked me talk to management office. Which I did, and only to realize that it is actually the lift that is generating the noises. And this problem has been going on for years. Which landlord and agent denied. But this was not what the MCST and lift maintenance company said. Both mentioned since last year, there had been complaints and the problems cannot be resolved due to the building design.
Till date, agent and LL is denying knowing of the noise and claimed ex tenant did not hear anything. Contrary to what the MCST and lift company is saying. Landlord agreed to let me break lease provided that I provided professional cleaning, curtain cleaning and pay the pro rated agent fee. Which I have did and I wanted to negotiate on the pro rated agent fee since we felt cheated into renting this inhabitable unit (even units further away had complained as some of the neighbours spoke to me when they saw me leaving my unit) The agreement was over whatsapp through the landlord agent.
Yet on the day of hand over, the landlord and agent asked me to sign a letter which I felt unwise to sign it immediately. Which I let two law firms read it and both law firm suggested amendments to be fair to both parties. Which I had informed the landlord on the purposed amendments. Now landlord refuse to sign and is seeking the remaining 9 months lease from me from SCT after I had returned the keys and fulfilled the cleanings which ain't even stated in the TA
The only clause relatable to early termination is as follow -
and for Clause 2(d) If the Tenant is in breach of any clause and /or terminates this tenancy prematurely / exercise the diplomatic clause, then the Tenant shall reimburse the Landlord commission paid to the Agency on a pro-rata basis for the remaining unfulfilled term. The Landlord has the right to deduct such reimbursement of the commission from the security deposit as stipulated by Clause 2 above.
I had seek two law firms and both law firm lawyers are confident that the landlord has no rights to claim the remaining 9 months from me in SCT. How true is that? As the TA do not explicitly states out the penalty of early termination by the tenant.2. The Tenant shall pay to the Landlord the sum of Singapore Dollars ONE THOUSAND AND EIGHT HUNDRED ONLY (S$1800.00) which is equivalent to ( 01 ) months rental upon signing hereof to be held by the Landlord as a security deposit for the due performance and observance of the stipulations and agreements hereinafter contained and upon the expiration of the tenancy provided the Tenant shall have duly performed and observed the stipulations and agreements the said sum shall be refunded within fourteen (14) days at any expiry or lawful termination of this tenancy without interest to the Tenant but otherwise the same or part thereof shall be used by the Landlord to offset any payments owing by the Tenant without prejudice to the right of the Landlord to recover all monies which may become due or payable by the Tenant under this Agreement.
The lawyers told me they do not think the Landlord has any grounds for her claim against me, as Clause 5(d) of the tenancy agreement does not require me to compensate the Landlord for rent on the remaining term upon pre-termination. It only requires me to reimburse the Landlord for the commission payable to the Agency on a pro-rata basis for the remaining term.
And the lawyers do not think I should be liable to pay the 9 months’ rental at all, and as long as I have not breached the tenancy (I had the right to pre-terminate the same), the full security deposit should be returned to me.
Should there be any concerns on what the lawyers think of as the landlord seems confident of getting the 9 months remaining rent from me. Which I feel so unjust and cheated by them.