Rental Dispute Over Hidden Noise Issues

[mmmmiia]

I am currently facing a serious dispute regarding a rental agreement. I arrived in Singapore just a month ago and hastily signed the lease for a property I saw on the day of my arrival. In hindsight, I recognize that this was a rash decision, but I had no choice as I needed to secure housing quickly before starting my new job.

Where I come from, double-glazed windows and soundproofing materials in walls are common, so I did not anticipate noise issues simply because the unit is near a main road.

However, from the very first night, I realized that even with all the windows shut, the noise level reached 60–70 decibels, continuing unabated throughout the night. I have a medical condition that makes me particularly sensitive to noise, so I immediately informed the landlord’s agent about this issue. Both the landlord and the agent claimed they were unaware of any noise issues with the unit, and they said they were shocked after seeing the videos I sent them.

Initially, I tried to find a compromise by suggesting soundproofing installations at my own expense, but the landlord refused, saying they didn’t want to alter the unit in any way. Later, I discovered that the condominium development had previously provided free noise-canceling blinds due to known noise issues. I now believe the landlord and agent intentionally withheld this information, taking advantage of my unfamiliarity with Singapore.

I offered to find a replacement tenant at my own expense, and I successfully found someone willing to rent at the same rate I was paying. However, the landlord rejected the offer, citing rising market prices—even though this occurred just two weeks after my initial lease agreement.

I also obtained a letter from my doctor confirming that the noise levels in the property are exacerbating my neurological condition and recommending that I move immediately. Despite this, the landlord insists that if I terminate the lease, I will be charged a full year’s rent and my security deposit will be forfeited.

What else can I do in this situation? Could their intentional withholding of information about the noise issue and their refusal to accept a replacement tenant be valid grounds for terminating the contract?

[billshoesg]

Leaving views here for others to add on further.

The landlord clearly is not experiencing the pain yet until the pain becomes real for the landlord.

You can consult a lawyer to look through your tenancy agreement for making any case to void the tenancy agreement without a termination given that the landlord rejected your tenancy replacement offer.

In the event of a termination, the landlord can of course pursue the unfulfilled rent payments but that will mean incurring legal fees to even sue the tenant. It will cost time and money for the landlord. This will depend on whether the landlord is prepared to take the hit first. Otherwise, there is no way to extract a he lump payment out of you unless you voluntarily settle.

Better to lawyer up and force the landlord to work something out with you. Just so you are aware, the worst nightmare for any landlord is a tenant not paying rents on time and yet cannot be evicted because it will require a court order for the landlord to do so. There was a news report on this before in Singapore.



Sent from my iPhone using Tapatalk

[abbby]

I am not surprised the landlord is not tempted by your offer to find a replacement tenant. Since there's no real benefit for him/her. Maybe you can try to find one replacement tenant at a higher rent than yours. That might entice the landlord. Check what your contract states, but usually it's implied that if you do not fulfil the full term, you'll need to pay for the whole lease term. Some tenants might just forego the deposit and leave, this may risk being sued.

[mmmmiia]

Leaving views here for others to add on further.

The landlord clearly is not experiencing the pain yet until the pain becomes real for the landlord.

You can consult a lawyer to look through your tenancy agreement for making any case to void the tenancy agreement without a termination given that the landlord rejected your tenancy replacement offer.

In the event of a termination, the landlord can of course pursue the unfulfilled rent payments but that will mean incurring legal fees to even sue the tenant. It will cost time and money for the landlord. This will depend on whether the landlord is prepared to take the hit first. Otherwise, there is no way to extract a he lump payment out of you unless you voluntarily settle.

Better to lawyer up and force the landlord to work something out with you. Just so you are aware, the worst nightmare for any landlord is a tenant not paying rents on time and yet cannot be evicted because it will require a court order for the landlord to do so. There was a news report on this before in Singapore.



Sent from my iPhone using Tapatalk

I've already sent two letters through my lawyer, but the landlord responded by saying they would proceed with claiming a year's worth of rent and forfeiting the deposit if I don't pay the rent. In this case, what more can I do? Should I file a claim with the Small Claims Tribunal (SCT)?

[PNGMK]

Leaving views here for others to add on further.

The landlord clearly is not experiencing the pain yet until the pain becomes real for the landlord.

You can consult a lawyer to look through your tenancy agreement for making any case to void the tenancy agreement without a termination given that the landlord rejected your tenancy replacement offer.

In the event of a termination, the landlord can of course pursue the unfulfilled rent payments but that will mean incurring legal fees to even sue the tenant. It will cost time and money for the landlord. This will depend on whether the landlord is prepared to take the hit first. Otherwise, there is no way to extract a he lump payment out of you unless you voluntarily settle.

Better to lawyer up and force the landlord to work something out with you. Just so you are aware, the worst nightmare for any landlord is a tenant not paying rents on time and yet cannot be evicted because it will require a court order for the landlord to do so. There was a news report on this before in Singapore.



Sent from my iPhone using Tapatalk

I've already sent two letters through my lawyer, but the landlord responded by saying they would proceed with claiming a year's worth of rent and forfeiting the deposit if I don't pay the rent. In this case, what more can I do? Should I file a claim with the Small Claims Tribunal (SCT)?

You won't win st SCT. I would walk away and rent somewhere else and forgo the deposit. LL won't win a year's rent particularly as you made an offer that would have averted any financial damages.

[mmmmiia]

Leaving views here for others to add on further.

The landlord clearly is not experiencing the pain yet until the pain becomes real for the landlord.

You can consult a lawyer to look through your tenancy agreement for making any case to void the tenancy agreement without a termination given that the landlord rejected your tenancy replacement offer.

In the event of a termination, the landlord can of course pursue the unfulfilled rent payments but that will mean incurring legal fees to even sue the tenant. It will cost time and money for the landlord. This will depend on whether the landlord is prepared to take the hit first. Otherwise, there is no way to extract a he lump payment out of you unless you voluntarily settle.

Better to lawyer up and force the landlord to work something out with you. Just so you are aware, the worst nightmare for any landlord is a tenant not paying rents on time and yet cannot be evicted because it will require a court order for the landlord to do so. There was a news report on this before in Singapore.



Sent from my iPhone using Tapatalk

I've already sent two letters through my lawyer, but the landlord responded by saying they would proceed with claiming a year's worth of rent and forfeiting the deposit if I don't pay the rent. In this case, what more can I do? Should I file a claim with the Small Claims Tribunal (SCT)?

You won't win st SCT. I would walk away and rent somewhere else and forgo the deposit. LL won't win a year's rent particularly as you made an offer that would have averted any financial damages.

May I ask why I will not win SCT? I am a new to Singapore but quite sure that this is really unfair..

I already filed the case so there would be no choice for me honestly.

[PNGMK]

SCT is really a mediation centre - they try to bring parties to the middle. That's not what you want (i.e. the LL will get a heft payout). However if he does, enforcement of the SCT judgement is not easy for him either. You certainly won't be strong armed into signing a cheque on the spot and as it's civil matter it will cost him time and effort to chase you down. I bet I know exactly where you rented and what happened - did they have music playing when you viewed the place?

[billshoesg]

Leaving views here for others to add on further.

The landlord clearly is not experiencing the pain yet until the pain becomes real for the landlord.

You can consult a lawyer to look through your tenancy agreement for making any case to void the tenancy agreement without a termination given that the landlord rejected your tenancy replacement offer.

In the event of a termination, the landlord can of course pursue the unfulfilled rent payments but that will mean incurring legal fees to even sue the tenant. It will cost time and money for the landlord. This will depend on whether the landlord is prepared to take the hit first. Otherwise, there is no way to extract a he lump payment out of you unless you voluntarily settle.

Better to lawyer up and force the landlord to work something out with you. Just so you are aware, the worst nightmare for any landlord is a tenant not paying rents on time and yet cannot be evicted because it will require a court order for the landlord to do so. There was a news report on this before in Singapore.



Sent from my iPhone using Tapatalk

I've already sent two letters through my lawyer, but the landlord responded by saying they would proceed with claiming a year's worth of rent and forfeiting the deposit if I don't pay the rent. In this case, what more can I do? Should I file a claim with the Small Claims Tribunal (SCT)?

Did the lawyer argue through the letter to dispute any potential clause from your tenancy agreement to build a case for voiding the tenancy such as misrepresentation?

Ignore the response from the landlord for now until your lawyer works out clearly the available clauses to dispute. Be prepared to lose the deposit as a way to settle.


Sent from my iPhone using Tapatalk

[mmmmiia]

SCT is really a mediation centre - they try to bring parties to the middle. That's not what you want (i.e. the LL will get a heft payout). However if he does, enforcement of the SCT judgement is not easy for him either. You certainly won't be strong armed into signing a cheque on the spot and as it's civil matter it will cost him time and effort to chase you down. I bet I know exactly where you rented and what happened - did they have music playing when you viewed the place?

To the best of my memory, there was no music playing, but the ceiling fan was constantly on. The condo is near Farrer Road and is the newest development in the area.

I heard that the condo developer offered free noise-reducing blinds, but my unit didn’t even have those installed.

[PNGMK]

FYI your lawyer cannot attend SCT. Best hope.your LL doesn't show up then you can win on default.

[mmmmiia]

Leaving views here for others to add on further.

The landlord clearly is not experiencing the pain yet until the pain becomes real for the landlord.

You can consult a lawyer to look through your tenancy agreement for making any case to void the tenancy agreement without a termination given that the landlord rejected your tenancy replacement offer.

In the event of a termination, the landlord can of course pursue the unfulfilled rent payments but that will mean incurring legal fees to even sue the tenant. It will cost time and money for the landlord. This will depend on whether the landlord is prepared to take the hit first. Otherwise, there is no way to extract a he lump payment out of you unless you voluntarily settle.

Better to lawyer up and force the landlord to work something out with you. Just so you are aware, the worst nightmare for any landlord is a tenant not paying rents on time and yet cannot be evicted because it will require a court order for the landlord to do so. There was a news report on this before in Singapore.



Sent from my iPhone using Tapatalk

I've already sent two letters through my lawyer, but the landlord responded by saying they would proceed with claiming a year's worth of rent and forfeiting the deposit if I don't pay the rent. In this case, what more can I do? Should I file a claim with the Small Claims Tribunal (SCT)?

Did the lawyer argue through the letter to dispute any potential clause from your tenancy agreement to build a case for voiding the tenancy such as misrepresentation?

Ignore the response from the landlord for now until your lawyer works out clearly the available clauses to dispute. Be prepared to lose the deposit as a way to settle.


Sent from my iPhone using Tapatalk

My lawyer argued that excessive noise violates the “peaceful enjoyment” clause and that the landlord’s failure to disclose the noise issue, despite being aware of it, renders the lease void. Additionally, my lawyer stated that the landlord’s refusal to accept the replacement tenant I proposed constitutes a failure to mitigate losses.

[PNGMK]

It sounds as though you have a good solicitor. Your LL hopefully will be the typical moron who thinks his nationality is enough to win the case and he won't mount a decent defence.

[billshoesg]

I've already sent two letters through my lawyer, but the landlord responded by saying they would proceed with claiming a year's worth of rent and forfeiting the deposit if I don't pay the rent. In this case, what more can I do? Should I file a claim with the Small Claims Tribunal (SCT)?

Did the lawyer argue through the letter to dispute any potential clause from your tenancy agreement to build a case for voiding the tenancy such as misrepresentation?

Ignore the response from the landlord for now until your lawyer works out clearly the available clauses to dispute. Be prepared to lose the deposit as a way to settle.


Sent from my iPhone using Tapatalk

My lawyer argued that excessive noise violates the “peaceful enjoyment” clause and that the landlord’s failure to disclose the noise issue, despite being aware of it, renders the lease void. Additionally, my lawyer stated that the landlord’s refusal to accept the replacement tenant I proposed constitutes a failure to mitigate losses.

It’s a fair argument to dispute the landlord’s compliance with the peaceful stay clause given the misrepresentation.

It’s up to the landlord to accept the voiding of the tenancy agreement but of course it can also fly the other way provided it’s worth trouble for the landlord to even contest it depending on the potential returns.

The landlord will likely be running the numbers to determine if the legal fees from the contest can be offset by the eventual payouts which depends on whether the landlord can even eventually land a valid claim of the unfulfilled rent payments and how much (the likely max amount).

As the other commenter has pointed out, it’s very unlikely to land a valid claim for the full unfulfilled rent payments. It can be somewhere in the middle but is it worthwhile for the landlord doing so with all time, energy and money invested. It will be a long burn.

Perhaps, you can discuss with your lawyer how to reach a closure - 1) Mount a settlement to exit 2) Brute exit (just pack and leave forgoing the deposit) 3) Lawsuit all the way.

Hope you get out of it peacefully.


Sent from my iPhone using Tapatalk

[PNGMK]

OP, please do let us know the outcome. This is a common issue (hiding of problems in a unit prior to rental, basically deceptive behaviour), and we've got limited data on how well the SCT and legal system handle this type of cheating.

[AussieSG]

The maxim caveat emptor applies, meaning “buyer beware”. The landlord has probably not done anything wrong in the eyes of the law. The law requires you to do your due diligence and sign the contract at your own risk. If you had noise concerns then you should’ve included a statement in the lease stating that the landlord represents that there are no known noise issues at the unit, particularly as you knew of your medical condition. Alas, you did not. I presume that you didn’t even tell the landlord of your medical condition before signing the lease.

That said i do sympathise. But in this scenario, you will probably lose your case. You will need to pay the rent, full stop. Only thing left to decide is if you can live there or not.