There is a statutory right but it is not rent/tenancy specific. It is based on general law (civil law) where you can demand compensation/repair for any damage or violation of the contract terms.phill2810 wrote:Hi all,
Have a feeling that this may be extremely wishful but someone mentioned that there are statutory rights to early termination of lease agreements over and above what's written in the contract - has anyone come across this before?
Our condo has become surrounded by building work as part of the new MRT construction and the noise pollution is pretty unpleasant during the day. A number of the other tenants in the condo have been able to negotiate a rent reduction with their landlords and one of them mentioned that the hook to this is that there is a statutory right to break your lease in such circumstances, i.e. the nature of the surrounding area has materially changed during the course of the tenancy.
I'm sceptical as the system here seems to favour landlords for the most part as a number of others on this thread have pointed out but it could be useful to have this option up our sleeve when dealing with our landlord on the rent renegotiation.
There is no ideal TA. More-over, IMHO it is often better to start from what being offered as many LLs may have strong reservation to handle a document that is completely new to them. I'd suggest you go through it and share here anything you consider odd or unfair.UrbanNomad wrote:Hi... I am new to Singapore and currently in the process of signing a LOI with the LL. Shortly we will sign a TA. I was wondering if there is a link to an 'ideal' TA that i could refer to, to include any clauses that i may have otherwise missed out on?
Noted. And thanx.x9200 wrote:......
- who pays for the repairs, how much (deductible), is there an initial "guaranty" period (typically 30 days), how repairs and maintenance of aircon are handled?
- diplomatic clause
- can you hang a picture on the wall?
- is your agent to be paid again on the renewal?
- explicitly list down everything that the LL agrees to provide (walls freshly painted, new fridge etc., remove some furniture)
Sure, of course it isUrbanNomad wrote:I have negotiated really hard and im now told the agreed rent is below market value.
Just checked. Seems to be true. Phew. Was worried for a moment. Neat resource btwJR8 wrote: Meanwhile you could always go to the ura.gov.sg site and study recent transactions on the building in question. That might give you some comfort on the the veracity of that statement.!
Thank youJR8 wrote: p.s. Good luck and welcome to the forum!
UrbanNomad wrote:Just found these 4 clauses that require some thought. Any pointers?
(m) To take up an air con service contract with GAIN CITY (http://www.gaincity.com) to service once every THREE (3) months. The Landlord shall pay for all necessary repairs and/or replacement of the air-conditioning units or parts subject to paragraph
(n). However, the Landlord shall not be responsible for repairs and/or replacement of the air-conditioning units or parts if the Tenants failed to show proof of regular maintenance contract as stipulated. Under such circumstances, the Tenant shall be fully responsible for the repair and/or replacement of the air-conditioning unit or parts.
(n) To be responsible for all minor repairs / replacements and routine maintenance of the fixtures, fittings, equipment and premises not exceeding S$200.00 per job/repair, per item throughout the term of the said lease. In the event any repair and/or maintenance exceeds S$200.00 per job/repair, per item, then the initial S$200.00 shall be borne by the Tenant and any excess to be borne by the Landlord.
In the event that the Landlord should grant the Tenant an extension of the said term herein then the Landlord and the Tenant shall pay the agency renewal commission
The Tenant and Occupants are required to inform the Landlord of any visitors staying in the house from time to time.
UrbanNomad wrote:Just found these 4 clauses that require some thought. Any pointers?
(m) To take up an air con service contract with GAIN CITY (http://www.gaincity.com) to service once every THREE (3) months. The Landlord shall pay for all necessary repairs and/or replacement of the air-conditioning units or parts subject to paragraph (n). However, the Landlord shall not be responsible for repairs and/or replacement of the air-conditioning units or parts if the Tenants failed to show proof of regular maintenance contract as stipulated. Under such circumstances, the Tenant shall be fully responsible for the repair and/or replacement of the air-conditioning unit or parts.
Seems standard and fair except of forcing you to use a specific company. On the other hand, if Gain City is not expensive (as of the average, google out some other companies) you may want to stick to it - if any questionable situation arises as of the service quality, this would push the responsibility to the LL.
(n) To be responsible for all minor repairs / replacements and routine maintenance of the fixtures, fittings, equipment and premises not exceeding S$200.00 per job/repair, per item throughout the term of the said lease. In the event any repair and/or maintenance exceeds S$200.00 per job/repair, per item, then the initial S$200.00 shall be borne by the Tenant and any excess to be borne by the Landlord.
Sounds ok. I think $150 is the average.
In the event that the Landlord should grant the Tenant an extension of the said term herein then the Landlord and the Tenant shall pay the agency renewal commission
Remove the Tenant part, esp. that you don't use an agent.
The Tenant and Occupants are required to inform the Landlord of any visitors staying in the house from time to time.
This is a standard in many TAs I've seen but I never had agreed to it and always requested to have it removed and it was removed.
So asked the LL on these points. Revert as below:x9200 wrote:UrbanNomad wrote:Just found these 4 clauses that require some thought. Any pointers?
(m) To take up an air con service contract with GAIN CITY (http://www.gaincity.com) to service once every THREE (3) months. The Landlord shall pay for all necessary repairs and/or replacement of the air-conditioning units or parts subject to paragraph (n). However, the Landlord shall not be responsible for repairs and/or replacement of the air-conditioning units or parts if the Tenants failed to show proof of regular maintenance contract as stipulated. Under such circumstances, the Tenant shall be fully responsible for the repair and/or replacement of the air-conditioning unit or parts.
Seems standard and fair except of forcing you to use a specific company. On the other hand, if Gain City is not expensive (as of the average, google out some other companies) you may want to stick to it - if any questionable situation arises as of the service quality, this would push the responsibility to the LL.
(n) To be responsible for all minor repairs / replacements and routine maintenance of the fixtures, fittings, equipment and premises not exceeding S$200.00 per job/repair, per item throughout the term of the said lease. In the event any repair and/or maintenance exceeds S$200.00 per job/repair, per item, then the initial S$200.00 shall be borne by the Tenant and any excess to be borne by the Landlord.
Sounds ok. I think $150 is the average.
In the event that the Landlord should grant the Tenant an extension of the said term herein then the Landlord and the Tenant shall pay the agency renewal commission
Remove the Tenant part, esp. that you don't use an agent.
The Tenant and Occupants are required to inform the Landlord of any visitors staying in the house from time to time.
This is a standard in many TAs I've seen but I never had agreed to it and always requested to have it removed and it was removed.
For "3": Clearly the LL wants you to share the cost of renewal, but the point is that there is no obligation of any kind for you to do it. I never seen anything like this before. Also many TAs don't have this specific clause at all. I would even say the clause, in your TA is illegal if this is about a single agent (the LL's agent).UrbanNomad wrote: So asked the LL on these points. Revert as below:
1. Ok with any other reputed co. for air conditioning contract but prior approval from LL
2. Not willing to reduce below 200
3. Not willing to remove 'tenant also pays brokerage on renewal'
4. Not willing to remove 'reporting for all visitors' clause
1 & 2 im ok with. For 3 i'll simply look at the economics and decide if its worth renewing at all
4 i almost find offensive/ big brother
Any thoughts?
Im also finding it odd: i have requested for a second viewing before i sign the TA and the LL's agent has refused. Says can arrange second viewing only once the TA is signed. Which looks fishy to me. Was there something in the unit that i missed seeing initially and that they now want quickly to gloss over and get going?!x9200 wrote:
I agree with your above assessment and if it was me, and I was not desperate about this particular apartment, I would walk away. Such unreasonable inflexibility may indicate the LL is a difficult person so anything in future, repairs, recovering deposit, showing the flat to new tenants/owner (if it happens oneday) etc, could mean big fuss and trouble.
If you decide to walk away, wait till the LOI expires. LOI is typically not a legally binding document but to make the situation clear (what would help to recover your good faith deposit) simply make it void based on time-out and the fact that you were not able to reach the agreement regarding the TA.
I agree, looks even extra fishy. Normally no problem to see it for the 2nd time and I would never agree to have no issue reporting period.UrbanNomad wrote:Im also finding it odd: i have requested for a second viewing before i sign the TA and the LL's agent has refused. Says can arrange second viewing only once the TA is signed. Which looks fishy to me. Was there something in the unit that i missed seeing initially and that they now want quickly to gloss over and get going?!x9200 wrote:
I agree with your above assessment and if it was me, and I was not desperate about this particular apartment, I would walk away. Such unreasonable inflexibility may indicate the LL is a difficult person so anything in future, repairs, recovering deposit, showing the flat to new tenants/owner (if it happens oneday) etc, could mean big fuss and trouble.
If you decide to walk away, wait till the LOI expires. LOI is typically not a legally binding document but to make the situation clear (what would help to recover your good faith deposit) simply make it void based on time-out and the fact that you were not able to reach the agreement regarding the TA.
I also did not specifically see the clause on initial 30 day time period to report any issues which i have insisted is included.
Yep, IMO/IME X9 is bang on the money. And I've quoted the above as I'd like to emphasise this point. If the landlord is such a complete PITA before you've even singed the TA and he's got your money, it does not bode at all well regarding his future behaviour.x9200 wrote:I agree with your above assessment and if it was me, and I was not desperate about this particular apartment, I would walk away. Such unreasonable inflexibility may indicate the LL is a difficult person so anything in future, repairs, recovering deposit, showing the flat to new tenants/owner (if it happens oneday) etc, could mean big fuss and trouble.
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