Tenancy agreements/leases and your rights as a tenant

[JR8]

The matters you describe come under 'civil law', i.e. not criminal law. The police usually only get involved in criminal law. I.e. they're not going to (for example) come and arrest a tenant for allegedly paying his rent late. So the 'threat of the police' is just hot air.

[Olaline]

thanks. the situation is completely silly but it seems that we'll come to an agreement with the agent. We gonna report him to CEA anyway.

[x9200]

Actually the actions of the agent are very close to criminal intimidation:

503. Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Besides, if he tries to evict you it would be a (criminal) trespassing.

[tomcivil]

Hi, I am seeking your advice regarding my problem.
In Dec 2015, I left some information on a website and one Singaporean(?) guy called me to invite me to see his flat for rent from Feb 2016. After viewing, we agreed the rental of 1.1k. He asked me to deposit and pay 1 month in advance (2.2k in total) when we signed a very simply tenancy agreement.
One month later (Jan 2016), he informed me that his visa to Australia would be delayed until mid of Feb 2016 and I can move in that day only. When I came back to his flat to discuss about it, he told me that he just knew it was not allowable to sublet the flat (HDB rule) but I can stay with my own risk. Thus, I don't want to move in and ask for the deposit + one month rental. He agreed to refund but did not indicate the time.
After I told him that I am seeking legal advice from my friend (lawyer), he sent messages to me saying that he will refund in Jan, Feb, and Mar of 2016 (3 times). He also told me that his visa is rejected and I should not worry, he is still in Singapore (although he said the visa was delayed one working day earlier).
We reported to the police and they said we should file a small claim. I wonder if anyone faced the same problem and could receive the money finally(?) Your advice is greatly appreciated. Thank you for reading and sorry for the long story.

[breid10]

Thanks x9200, our current agent is still trying to pull a fast one before the handover, she is now trying to say washing machine, hob for cooker and fridge were all new when we moved in but before we took out the lease she sent my wife an email saying they were 9 months old so they were around 10 months when we moved in. Luckily we still have the email. I am going to ask her to sign a "Handover Condition Assessment" at the time of the handover, so that she cannot come back with any unnecessary deductions. This way we will all agree even about the plants, which we have some new ones in pots that we will leave. Our agent also said that we could not read the meters for SP services on the Saturday handover so she had organised it for the following Monday, I asked her to change it to the Friday and we would complete the handover on the Friday, she refused. I have now received a form from SP services to be completed by both parties on the day of the handover, then we cannot be charged for services used after the handover. I hope this helps some other expats and that if any Singaporeans have any more advice to add, feel free.!!

[JR8]

We reported to the police and they said we should file a small claim. I wonder if anyone faced the same problem and could receive the money finally(?) Your advice is greatly appreciated. Thank you for reading and sorry for the long story.

He probably has other debts and right now is prioritising others before you.
If he remains in SG you will get your money, eventually. If he were to have left the country you might perhaps get a simple default Judgement against him, struggle to get any money, but then he'll be in real crap the next time he tried to return to SG. But as is it now you don't even know he is going abroad, as is he's simply broken his contract and kept your money.
You'll find several previous posts in this thread about issuing a clear final demand. I.e. What has happened, what you want, when you want it, what you'll do if you don't get it [SCT etc]. I'd suggest toggling back a year or so in this topic and skimming the posts to present day for suggested procedure PRIOR going to the SCT.
[As I recall the last time the SCT issue came up was about 2 months ago?? But no harm spending a little time ready likely titled topic to gain a broader context].

[tomcivil]

He probably has other debts and right now is prioritising others before you.
If he remains in SG you will get your money, eventually. If he were to have left the country you might perhaps get a simple default Judgement against him, struggle to get any money, but then he'll be in real crap the next time he tried to return to SG. But as is it now you don't even know he is going abroad, as is he's simply broken his contract and kept your money.

Thanks a lot, JR8. He has just sent us one half of the amount this afternoon and promised to refund all next month. I guess the police officer has explained to him. We will wait first and only proceed further actions if necessary.

[JR8]

Well it's a good start getting 1/2 back without a fight (yet). Also it's a useful 'admission of guilt/liability' on his part too, especially with a promise to pay the rest.
I don't know if the SGn police act on a report as you suggest; after all it is still only an allegation.
Keep on top of this guy, so he knows he has no wriggle-room. Find out when to expect the other half, and be ready to take action if it doesn't; just in case.

[tomcivil]

Keep on top of this guy, so he knows he has no wriggle-room. Find out when to expect the other half, and be ready to take action if it doesn't; just in case.

Thanks a lot for your advice, JR8.

[LL8]

Hi Guys,
In the process of delivering the court notice (personal service) it is found that the address of the landlord stated in the leasing contract has nobody living inside. What should I do?

[ecureilx]

Hi Guys,
In the process of delivering the court notice (personal service) it is found that the address of the landlord stated in the leasing contract has nobody living inside. What should I do?

Report to police? Just thinking aloud.

Failure to update the residential address, if the LL is a citizen or PR, is a serious crime.

You can send a registered letter in lieu.

[x9200]

Hi Guys,
In the process of delivering the court notice (personal service) it is found that the address of the landlord stated in the leasing contract has nobody living inside. What should I do?

How was it determined? The flat is just bare empty or it is not even a residential address?

[JR8]

The plot thickens!
re: The 'personal service' - who attempted delivery? Were they alone, or did they perhaps also have a witness with them? I ask as if this was someone like a court appointed process-server then they can tell you the consequences and next steps.
Who described that nobody is living there? I ask as this might be considered subjective. For example just because a place might appear unoccupied does not mean it is. [This point in 2ndary to the one above].

Read this page. It's from the UK, re: serving Notice on a tenant; but you will see from it the principles involved in serving a valid Notice that you are unable to physically hand to the addressee, and when it is still legally accepted as 'deemed served'.
http://www.lawpack.co.uk/landlord-and-t ... le7094.asp

So per para 1) if a court-recognised official tried to physically serve it, IMHO (note: I'm not a lawyer!) that is probably adequate proof of 'deemed served'.
2) If you tried to serve it in person, but no one was available to receive it, and you left then I'm doubtful you've crossed the hurdle. If such applied and you had a witness with you it *might* change the situation a little [?].
3) But, if 1) does not apply then I'd go to the Post Office, post the letter to the address. All you need is some form of receipt/proof you sent a letter, when, and who to with their address. In the UK you can get a Certificate of Posting at the post office (free), it just gets the above details copied onto it and is postmarked at the same time your letter is. Bullet-proof proof. IIRC I have used something similar in SG (check the Singpost site). If that is no longer available, then use the cheapest service that will provide the above-listed details and proof - perhaps Recorded Delivery? Then when the postman tries to deliver it, and perhaps finds he can't, you have proof it was sent but delivery to the addressee was not possible, i.e. 'deemed served'.

You might also Google on 'how serve legal notice' 'legal Notice deemed served' an so on. Try Google.com.sg first of course, and perhaps widen it to Google.co.uk if you need some added outline. Add either 'landlord' or 'tenant' into the search-strings and it should help narrow the results towards this subject, i.e. the 'Law of Landlord and Tenant'...

[x9200]

Also, often in the TA there is a clause saying something like this:
Any notice to the Landlord shall be sufficiently served if left addressed to the Landlord’s last known address / Landlord's address as determined by this agreement under the clause "X" and any notice to the Tenant shall be sufficiently served if sent by registered post or left addressed to the Flat.

Do you have it?

[LL8]

Thanks Guys,

Incidentally have run into LL and delivered the court documents to her.

Yes we have such clause in the TA:
Any notice served under or in any way in connection with this Agreement or the tenancy hereby created shall be sufficiently served on the Tenant by registered post to the Premises AND shall be sufficiently served on the Landlord if delivered to the Landlord personally or sent to the Landlord at the above mentioned address by registered post or to the Landlord's authorized agent. A notice sent by registered post shall be deemed to be given at the time when in due course of post it would be delivered at the address to which it is sent.

The SCT demanded the claimant to serve courts documents to respondents. And the claimant have to produce a detailed reports on such delivery, including the result of the delivery service.