Landlord Renewed TA but decided to Sell what to do?

Discuss about where to live, renting a property, tenancy issues, property trend and property investment in Singapore.
Post Reply
sp786
Regular
Regular
Posts: 84
Joined: Fri, 28 Aug 2020 12:30 pm

Landlord Renewed TA but decided to Sell what to do?

Post by sp786 » Wed, 07 Jul 2021 11:18 pm

Hi,

I've been living in the condo for past 4 years and the landlord's agent proposed to renew the TA for another 2 years from 01Sep2021 to 31Aug 2023. I and LL signed it back in February digitally (using PDF sign as LL is in UK) and stamping certificate too was issued.

However few days back the agent told me that LL intends to sell the property and my worry is that had they told this intent back in February I would have tweaked certain financial decisions accordingly and one of our friends went back to their home country and the owner was a friendly person and we would have occupied that unit which is in the same condo. The owner now has a change of mind and agent wants to sell off the property with TA but if the buyer disagrees i have to vacate with 3 months notice. This means i have to shell out movement expenses and agent's commission to find another accommodation in same condo or area. Following are the only clauses that pertains to my case, based on this is there a way i can negotiate for a move out expense by the buyer in case they don't agree to TA continuation until expiry or can I refuse viewings for this purpose altogether? Is there any law that would prohibit me from allowing agent to bring viewers based on these clauses? Thanks for your guidance.

Viewing of Premises
During the two (2) months immediately preceding the expiration or termination of the Term and provided that the Landlord shall have given to the Tenant at least forty-eight (48) hours’ prior written notice, the Tenant shall permit persons authorized or accompanied by the Landlord at reasonable times of the day by prior appointment to enter and view the Premises for the purpose of taking a tenancy thereof.
5.7 Sale of Premise
In the event of a sale of the property whereby the buyer requires the sale and purchase of the property with vacant possession, the Tenant unconditionally agrees to vacate the property within 3 months of sale


Further the following clauses are there :

Quiet Enjoyment
b) provided that the Tenant shall punctually pay the Rent hereby reserved and observe and
perform the conditions on his part to be observed and performed, the Tenant shall peaceably
HOLD AND ENJOY the Premises during the Term without any interruption by the
Landlord or any person rightfully claiming under or in trust for the Landlord;
a 3 months’ notice period thus allowing the Landlord to sell the property with vacant possession.


Access to Premises
The Tenant shall permit the Landlord and its agents, surveyors and workmen (with all necessary
appliances) at all reasonable times by prior appointment to enter the said Premises for the
following:
a) to view the condition of the Premises;
b) to do all such works and things as may be required for any repairs, alterations or
improvements to the said Premises;
c) to do all such works and things as may be required for any repairs, alterations or
improvements to any parts of any building to which the said Premises may form a part of
or adjoin.
Last edited by sp786 on Thu, 08 Jul 2021 11:42 am, edited 1 time in total.

Singapore Property Search

 

User avatar
x9200
Moderator
Moderator
Posts: 9730
Joined: Mon, 07 Sep 2009 4:06 pm
Location: Singapore

Re: Landlord Renewed TA but decided to Sell what to do?

Post by x9200 » Thu, 08 Jul 2021 7:23 am

sp786 wrote:
Wed, 07 Jul 2021 11:18 pm
Hi,

I've been living in the condo for past 4 years and the landlord's agent proposed to renew the TA for another 2 years from 01Sep2021 to 31Aug 2023. I and LL signed it back in February digitally (using PDF sign as LL is in UK) and stamping certificate too was issued.

However few days back the agent told me that LL intends to sell the property and my worry is that had they told this intent back in February I would have tweaked certain financial decisions accordingly and one of our friends went back to their home country and the owner was a friendly person and we would have occupied that unit which is in the same condo. The owner now has a change of mind and agent wants to sell off the property with TA but if the buyer disagrees i have to vacate with 3 months notice. This means i have to shell out movement expenses and agent's commission to find another accommodation in same condo or area. Following are the only clauses that pertains to my case, based on this is there a way i can negotiate for a move out expense by the buyer in case they don't agree to TA continuation until expiry or can I refuse viewings for this purpose altogether? Is there any law that would prohibit me from allowing agent to bring viewers based on these clauses? Thanks for your guidance.

Viewing of Premises
During the two (2) months immediately preceding the expiration or termination of the Term and provided that the Landlord shall have given to the Tenant at least forty-eight (48) hours’ prior written notice, the Tenant shall permit persons authorized or accompanied by the Landlord at reasonable times of the day by prior appointment to enter and view the Premises for the purpose of taking a tenancy thereof.
5.7 Sale of Premise
In the event of a sale of the property whereby the buyer requires the sale and purchase of the property with vacant possession, the Tenant unconditionally agrees to vacate the property within


Further the following clauses are there :

Quiet Enjoyment
b) provided that the Tenant shall punctually pay the Rent hereby reserved and observe and
perform the conditions on his part to be observed and performed, the Tenant shall peaceably
HOLD AND ENJOY the Premises during the Term without any interruption by the
Landlord or any person rightfully claiming under or in trust for the Landlord;
a 3 months’ notice period thus allowing the Landlord to sell the property with vacant possession.


Access to Premises
The Tenant shall permit the Landlord and its agents, surveyors and workmen (with all necessary
appliances) at all reasonable times by prior appointment to enter the said Premises for the
following:
a) to view the condition of the Premises;
b) to do all such works and things as may be required for any repairs, alterations or
improvements to the said Premises;
c) to do all such works and things as may be required for any repairs, alterations or
improvements to any parts of any building to which the said Premises may form a part of
or adjoin.
I am afraid with the clause 5.7 there is nothing you can do. You should have never signed TA with such clause. You should have a clause stating that any sale of this property is subject to this TA.
Unfortunately, there is no specific law regulating TAs and your rights as the tenant.

sp786
Regular
Regular
Posts: 84
Joined: Fri, 28 Aug 2020 12:30 pm

Re: Landlord Renewed TA but decided to Sell what to do?

Post by sp786 » Thu, 08 Jul 2021 11:43 am

x9200 wrote:
Thu, 08 Jul 2021 7:23 am
I am afraid with the clause 5.7 there is nothing you can do. You should have never signed TA with such clause. You should have a clause stating that any sale of this property is subject to this TA.
Unfortunately, there is no specific law regulating TAs and your rights as the tenant.
But the agreement doesn't specify anything about letting buyers view the property under access to premises section. So on that basis is there a way I can deny entry?

User avatar
PNGMK
Moderator
Moderator
Posts: 8184
Joined: Thu, 21 Mar 2013 9:06 pm
Location: Sinkapore

Re: Landlord Renewed TA but decided to Sell what to do?

Post by PNGMK » Thu, 08 Jul 2021 12:03 pm

You have some ability to negotiate - you should insist on 3 months notice to sell and 48 hours notice (in writing by POST - refuse to accept it by text). They'll bitch and this where you say "if you refund my agents fee which is a loss for me due to the requested early sale I will be more cooperative".
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!

sp786
Regular
Regular
Posts: 84
Joined: Fri, 28 Aug 2020 12:30 pm

Re: Landlord Renewed TA but decided to Sell what to do?

Post by sp786 » Thu, 08 Jul 2021 12:11 pm

PNGMK wrote:
Thu, 08 Jul 2021 12:03 pm
You have some ability to negotiate - you should insist on 3 months notice to sell and 48 hours notice (in writing by POST - refuse to accept it by text). They'll bitch and this where you say "if you refund my agents fee which is a loss for me due to the requested early sale I will be more cooperative".
Sorry i've edited my post the contract already states 3 months notice to vacate unconditionally after sale. I just want to ensure they pay some amount for the agent commission because of this or just not allow them frequent viewing or viewing altogether because there is no clause in the TA that allows access of premises for viewing of sale.

User avatar
PNGMK
Moderator
Moderator
Posts: 8184
Joined: Thu, 21 Mar 2013 9:06 pm
Location: Sinkapore

Re: Landlord Renewed TA but decided to Sell what to do?

Post by PNGMK » Thu, 08 Jul 2021 12:34 pm

Just make it clear that you will;
1. Not be tidying up.
2. Will not be available at their times.
3. Will explain the bad features of the home.
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!

User avatar
x9200
Moderator
Moderator
Posts: 9730
Joined: Mon, 07 Sep 2009 4:06 pm
Location: Singapore

Re: Landlord Renewed TA but decided to Sell what to do?

Post by x9200 » Thu, 08 Jul 2021 3:57 pm

sp786 wrote:
Thu, 08 Jul 2021 11:43 am
x9200 wrote:
Thu, 08 Jul 2021 7:23 am
I am afraid with the clause 5.7 there is nothing you can do. You should have never signed TA with such clause. You should have a clause stating that any sale of this property is subject to this TA.
Unfortunately, there is no specific law regulating TAs and your rights as the tenant.
But the agreement doesn't specify anything about letting buyers view the property under access to premises section. So on that basis is there a way I can deny entry?
TBH, I am not sure how far you will get playing such card. Also note, you have "a) to view the condition of the Premises;" There is no way you could verify who is an agent, surveyor, workman...
But yes, you may try to point that there is no clause allowing the viewing. Have it in writing if the LL agrees to cover some of the commission.

sp786
Regular
Regular
Posts: 84
Joined: Fri, 28 Aug 2020 12:30 pm

Re: Landlord Renewed TA but decided to Sell what to do?

Post by sp786 » Thu, 08 Jul 2021 6:29 pm

Thanks X9200 and PNGMK, I'll not be challenging the agent but my strategy is to explain how I would end up making a financial loss because of this unfair condition hence would request buyer or old owner to bear moving expenses up to 1 month's rental value but if they refuse by sticking to contractual terms only, then I intend to refuse viewing based on the fact that there is no clause in the TA to let a buyer view the unit. I have CCTV installed in all rooms as well.

Since this is a condo I don't think security would let in some random group if I tell them not to leave anyone to my unit without my authorization.

User avatar
PNGMK
Moderator
Moderator
Posts: 8184
Joined: Thu, 21 Mar 2013 9:06 pm
Location: Sinkapore

Re: Landlord Renewed TA but decided to Sell what to do?

Post by PNGMK » Thu, 08 Jul 2021 8:21 pm

Chain the gate.
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!

sp786
Regular
Regular
Posts: 84
Joined: Fri, 28 Aug 2020 12:30 pm

Re: Landlord Renewed TA but decided to Sell what to do?

Post by sp786 » Fri, 09 Jul 2021 12:14 pm

I spoke to the agent and they informed that if I search for a new unit through them they won't charge me agency commission. Sounds like a fair deal and thanks for all your guidance!

User avatar
Max Headroom
Reporter
Reporter
Posts: 898
Joined: Wed, 08 May 2013 11:31 am
Location: Singapore
Contact:

Re: Landlord Renewed TA but decided to Sell what to do?

Post by Max Headroom » Sat, 10 Jul 2021 9:23 am

Except they can any any point stall the search, leaving you no choice but to find a different agent. A likely scenario given that this agent knows from the start they won't be earning any commission from you.

User avatar
PNGMK
Moderator
Moderator
Posts: 8184
Joined: Thu, 21 Mar 2013 9:06 pm
Location: Sinkapore

Re: Landlord Renewed TA but decided to Sell what to do?

Post by PNGMK » Sat, 10 Jul 2021 10:02 am

Max Headroom wrote:
Sat, 10 Jul 2021 9:23 am
Except they can any any point stall the search, leaving you no choice but to find a different agent. A likely scenario given that this agent knows from the start they won't be earning any commission from you.
In this case I suspect agent will recoup some commission from the former LL and possibly the new LL.
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!

sp786
Regular
Regular
Posts: 84
Joined: Fri, 28 Aug 2020 12:30 pm

Re: Landlord Renewed TA but decided to Sell what to do?

Post by sp786 » Sat, 10 Jul 2021 1:05 pm

PNGMK wrote:
Sat, 10 Jul 2021 10:02 am
Max Headroom wrote:
Sat, 10 Jul 2021 9:23 am
Except they can any any point stall the search, leaving you no choice but to find a different agent. A likely scenario given that this agent knows from the start they won't be earning any commission from you.
In this case I suspect agent will recoup some commission from the former LL and possibly the new LL.
Thanks for your thoughts and that is what they implied i guess.

User avatar
Max Headroom
Reporter
Reporter
Posts: 898
Joined: Wed, 08 May 2013 11:31 am
Location: Singapore
Contact:

Re: Landlord Renewed TA but decided to Sell what to do?

Post by Max Headroom » Mon, 12 Jul 2021 11:05 am

I must be a hopeless cynic, because the way I look at this is, is that the moment the landlord, any landlord, hears that he/she has to share some of his rental $$$, he/she is going to be proportionately less accommodative when it comes to negotiating the rent.

Post Reply
  • Similar Topics
    Replies
    Views
    Last post

Return to “Property Talk, Housing & Rental”

Who is online

Users browsing this forum: No registered users and 14 guests