Tenancy Agreement and Stamp Duty Issues.

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divopab505
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Tenancy Agreement and Stamp Duty Issues.

Post by divopab505 » Sun, 11 Jul 2021 1:44 pm

  • If tenancy agreement amended after stamp, is it still valid? Do owner has to do stamping again?
  • Can owner amend directly on the scanned version of previously stamped tenancy agreement? There are a lots of crossing and signing fields in the amended TA, including payment methods and length of staying period.
  • How long can the owner do stamping on the amended TA after the signing date? Would it be expired or invalidated after a certain period?
Sorry for the long questions and thanks in advance.

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x9200
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Re: Tenancy Agreement and Stamp Duty Issues.

Post by x9200 » Sun, 11 Jul 2021 2:43 pm

divopab505 wrote:
Sun, 11 Jul 2021 1:44 pm
  • If tenancy agreement amended after stamp, is it still valid? Do owner has to do stamping again?
  • Can owner amend directly on the scanned version of previously stamped tenancy agreement? There are a lots of crossing and signing fields in the amended TA, including payment methods and length of staying period.
  • How long can the owner do stamping on the amended TA after the signing date? Would it be expired or invalidated after a certain period?
Sorry for the long questions and thanks in advance.
I am not sure if I understand...
1) any amendment to the agreement would need endorsement of all the parties of the agreement to be valid.
2) if the documents are for a new agreement and specifically the duration is changed or the rent is changed, this will affect the stamp duty. Specifically, if you mean the landlord altered the TA of the old lease and just tried to make a new lease using the same documents then this is a new document that requires new stamp fees.
3) If you mean, the TA was a new one, stamp duty was paid, but you both agreed on some changes not affecting the rent and duration figures, then I don't think new stamp duty need to be paid.
4) The stamp duty has to be paid within 14 days after the agreement is executed.

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Re: Tenancy Agreement and Stamp Duty Issues.

Post by divopab505 » Mon, 12 Jul 2021 2:32 am

Thanks for the reply.

I have one more scenario and appreciate if anyone can help :

my owner is doing amendment directly on the first TA we have signed few months back, changing the payment bank account.
He scanned the original TA with only the first page, cross the old account, add new account number on top of it with pen, and asked me to sign it through email, with digital signature.
This version isnt stamped, as there's no change in duration.

Now.. is this TA still valid (legally)? Would there be a chance for him to sue me for paying into wrong account in future?

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x9200
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Re: Tenancy Agreement and Stamp Duty Issues.

Post by x9200 » Mon, 12 Jul 2021 8:05 am

divopab505 wrote:
Mon, 12 Jul 2021 2:32 am
Thanks for the reply.

I have one more scenario and appreciate if anyone can help :

my owner is doing amendment directly on the first TA we have signed few months back, changing the payment bank account.
He scanned the original TA with only the first page, cross the old account, add new account number on top of it with pen, and asked me to sign it through email, with digital signature.
This version isnt stamped, as there's no change in duration.

Now.. is this TA still valid (legally)? Would there be a chance for him to sue me for paying into wrong account in future?
The validity of the agreement has nothing to do with the stamp duty. So yes, if you agree to pay to a different account and you send the money to another you may be held responsible for damages resulting from such action, stamped or not. What stamp duty does, it makes the documents admissible to the court, but even if the documents are not stamped the stamp duty can be paid any time to make them admissible. This would probably not save from the late tax payment penalty. If I remember correctly, unless TA states differently, the obligation to pay stamp duty is on the tenant.

Now, for what the landlord did, I think this is not a new TA but just a written notice of the change to the TA. In the TA you likely have a clause that any changes to the TA require such written notice. I don't think any extra stamp duty is here needed but I am not a lawyer so I suggest you just call IRAS and ask.

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