Tenancy agreements/leases and your rights as a tenant

[PNGMK]

Fruitfly.... there's like a zillion posts on this. The answer as always is "maybe" however without the back story and some idea of what's in the TA we don't know.

[x9200]

There are possible exceptions to the above. For example if your TA was not stamped for Stamp Duty. In that case the unstamped TA cannot be introduced as evidence in legal action. Put another way, loosely speaking:- The landlord can't bring/prosecute a case based upon something which in the eyes of the law doesn't exist.

Example2: No TA, or no valid TA exists.

It is enough to pay the stamp duty at any time and the TA will be immediately admissible. The LL can pay it. Besides, if there is nothing in the TA as of who should pay the stamp duty, this is the tenant who should pay it. I don't know if there are any tax penalties for not paying, but if there are this could be a very costly and disappointing approach, especially for the tenant.

[JR8]

That's an interesting point*, although penalties come into it. https://www.iras.gov.sg/IRASHome/Other- ... tamp-Duty/
Places I've rented the LL (one time) has always been absolutely sure to get proof I'd paid the SD. Or (twice) they've collected it from me, paid it on my behalf and given me a copy of proof of payment.
Why would the tenant pay any late stamp-duty/penalty in order to facilitate the LL acting against him (if he's not already paid it), if any SD liability/penalty were materially less than the LL was pursuing? Hmmm.
10 months in = up to 4* penalty if it's unpaid to date.

*--------
'Who Should Pay Stamp Duty?
Check the terms of the document (e.g. tenancy agreement) to determine who is contractually required to pay the Stamp Duty. ...The party who is liable to pay Stamp Duty is usually stated in the agreements. For example, if you rent a property, the tenancy agreement should state who is liable to pay Stamp Duty.'
https://www.iras.gov.sg/irashome/Other- ... tamp-Duty/

But as PNG said, without the background facts, who knows what the situation it...

[x9200]

Th LL will pay the Stamp Duty (and later recover it in the court). I don't think IRAS cares who pays it. I paid it only once in person (on-line), all earlier cases, it was paid by my agent who I had only a verbal agreement with - in other words he was like an unrelated party.

A legal construct where one party could invalidate the whole agreement by not paying some fees would be something very strange. This would also imply, the other party could not take any action to recover damages resulting from the unpaid fee, because the base document for that action would be invalidated. It just makes no sense.

Here is the page pointing the finger at the tenant:
https://www.iras.gov.sg/irashome/Other- ... tamp-Duty/

I guess, what you quoted is more like a good practice to avoid any future misunderstandings.

[ecureilx]

Hi there! you might find this useful.... Talk to a lawyer for 15 minutes for $49

Spammer ....

[scgoh]

Hi,

I have sign a TA on 1st Sep 2015 to rent a Studios unit from my LL for 2 years and pay a deposit for 2 month rental.
After 1 year I have a newborn and I am thinking to move out from this unit by Dec 2016.

I have read the TA, in this TA there is no Diplomatic Cause and it didn't mention about for the early termination penatly. In the TA, only have mention the reimburse commission if early termination which is "If the Tenant is in breach any clause and/or terminates this tenancy prematurely, then the Tenant shall in any event reimburse the Landlord on a pro rata basis the commission the Landlord has paid to "agent company name" for the remaining unfulfilled term".

I have check with the LL Agent, that she told me only two way to do it for early termination which are:
1. Even if I move out from the unit on Dec 2016, I have still need to compensate the LL for the rental from Jan'17 to Aug'17.
2. I need to get a agent to find a new tenant to take over the remaining months to the end of my contract. My contract is end by Aug'17, thus it is only about 9 months from Dec 16. (I think it is hard to find a new tenant to take only 9 months contract). Even if I can find a new tenant for him, my LL told me that I still need to compensate him for the price different shall the new rental is lower than what is in my TA (he said the market is no good now). Can my LL do it that way?

Is these are the only 2 option even I have given 2 months notice in advanced?

Or I just need to reimbursed the commission that LL had paid to agent and move out on Dec 2016.
I am concern that what if I can't find a new tenant to take over the unit, I need to pay the penalty for the remaining 9 months until contract end?
I am worry that when I move to new house on Dec'16, I still need to pay for rental for new house and current unit. I currently haven't looking for new house yet.

For the 2 month notice to move out, is it ok that I only sms to LL or I shall do it in a formal letter and mail it to him?


Thank you

[sundaymorningstaple]

You have just learned a hard lesson. You should insure you read and understand the T & A before signing a contract. They have every legal right to demand AND GET payment for the full term of the lease AND the rebate on the Agents' fee. You do not have a leg to stand on. The LL legally doesn't have to accept you finding a replacement tenant or paying the difference in rental. The contract has you locked in and even if it did have a dip clause, you still couldn't use it as you would have to have a letter from your employer showing your were retrenched/fired and were leaving Singapore. To change unit and remain in Singapore is not a valid reason to exercise a Dip Clause. I'm afraid you have learned a very expensive lesson. I suggest that anything less than full payment of the contract to it end and rebate for the agents fee that the LL agrees on you should take. Any arguments will only see you having to legally pay the full term of the contract lease and the prorata agents fees.

Or you could stay there until the contract ends. Wish I could be more positive but LL's here are sticklers for milking out every last dollar when they can. Additionally, you may find that your deposit will be "just enough" to take care of the repairs of the flat sustained while you lived there (probably none other than normal wear & tear so I hope you also took a couple of hundred photos and kept on CD before you actually moved in for evidence against a damages claim.

[sundaymorningstaple]

This is especially so in today's market with so many empty units as the FTs leave the country. The LL may wait a long long time before they can find another tenant.

[x9200]

I am a bit more optimistic than SMS, but surely this is not the case you leave the apartment on December by paying the prorated commission fees only. If you demonstrate you acted to minimize the damages my guess would be 4-5 rental amounts, plus the commission fee (prorated), plus the difference in the rent and any other related expenses.
This number is based on a reasonable time the LL may need to find a replacement, plus some compensation. If you find a reasonable tenant and agree to cover the difference, my guess is, the amount will be lower providing the LL acted unreasonably refusing to accept the substitute tenant.

And yes, these are basically your only two options unless the LL is an active philanthropist, what is seldom the case in Singapore.

[ecureilx]

I am a bit more optimistic than SMS, but surely this is not the case you leave the apartment on December by paying the prorated commission fees only. If you demonstrate you acted to minimize the damages my guess would be 4-5 rental amounts, plus the commission fee (prorated), plus the difference in the rent and any other related expenses.
This number is based on a reasonable time the LL may need to find a replacement, plus some compensation. If you find a reasonable tenant and agree to cover the difference, my guess is, the amount will be lower providing the LL acted unreasonably refusing to accept the substitute tenant.

And yes, these are basically your only two options unless the LL is an active philanthropist, what is seldom the case in Singapore.

With some rentals down by 50% at some areas, I doubt the landlord will accept anything to replace his golden egg laying goose.

After all in Singapore landlords are in the business of only profit - never the occasional business loss while other businesses have to suck up the occasional loss.

[x9200]

Why not, if scgoh is going to cover the difference? I don't think any court would see it as a reasonable acting.

[ecureilx]

Why not, if scgoh is going to cover the difference? I don't think any court would see it as a reasonable acting.

Correct.

That's where I get confused.

Its legal but screwing a dying man in a privilege only landlords relish

Yes, again it's perfectly legal.

I won't understand that until I become a landlord one day.

[sanjaya22]

I also bad a experience with a landloard at Bedok where he charged me ;
$30 for Room cleaning (Even though I did make sure it is cleaned properly)
$50 for AC repair
$100 for pending utility Bills .(Average bill for me was about $50 per month in previous months).

In the contract those were not mentioned.I was agreed to pay only half of the utility bill.
My agent was saying landloard is in a urgency of Money so I should pay above and also it is normal in Singapore.

I was lost and checked to whom I should complain these landlord matters.Didn't know about this site .
https://www.case.org.sg/

One more question I would like to clarify from a expert in here.
If in case of I loose my job (Im on a E Pass) ,Is there anyway I can get my deposit back from the landloard with short notice since I have to leave Singapore immediately ?

A "letter from my employer showing I have been retrenched/fired and leaving Singapore" will be enough for this ?

[PinguPingu]

Hi everyone, I'm here to seek for some advice in terminating my tenancy of 1+1 unit for 2 years but I'm currently staying for 7months only.

I couldn't stand staying in this place anymore. This is my first time renting a unit and I guess this is my lesson for renting a ground floor unit.

The house is full of pest since I moved in. I have to fight with roaches, lizard, centipede, worms and other insects almost everyday. And I'm very afraid of all of them ><

Then this house started to mould when I was away for holiday on Dec. I cleaned it and it mould again. And it's getting worst. The mould is on the wall and the bedroom doors.

The floor is peeling off. LL painted the floor over marble and the floor somehow grow bubble and the paint sticked on my feet and peeled off everytime I walked.

Recently, there's a hole in between my room and the toilet wall. When I shower, some of the water dipped into my room through the hole.

I've reported to agent all the issue above but no action is taken. He told me LL will send contractor down but no. There's no news afterward.

And I saw some crack on the wall and ceiling recently as well. Pieces of ceiling paint dropped on the kitchen sink.

Please advice me whether I could terminate the tenancy and take back my 2mths deposit in this condition?

Sorry for the long post and thanks in advance for all the advice

[x9200]

Hi everyone, I'm here to seek for some advice in terminating my tenancy of 1+1 unit for 2 years but I'm currently staying for 7months only.

I couldn't stand staying in this place anymore. This is my first time renting a unit and I guess this is my lesson for renting a ground floor unit.

The house is full of pest since I moved in. I have to fight with roaches, lizard, centipede, worms and other insects almost everyday. And I'm very afraid of all of them ><

Then this house started to mould when I was away for holiday on Dec. I cleaned it and it mould again. And it's getting worst. The mould is on the wall and the bedroom doors.

The floor is peeling off. LL painted the floor over marble and the floor somehow grow bubble and the paint sticked on my feet and peeled off everytime I walked.

Recently, there's a hole in between my room and the toilet wall. When I shower, some of the water dipped into my room through the hole.

I've reported to agent all the issue above but no action is taken. He told me LL will send contractor down but no. There's no news afterward.

And I saw some crack on the wall and ceiling recently as well. Pieces of ceiling paint dropped on the kitchen sink.

Please advice me whether I could terminate the tenancy and take back my 2mths deposit in this condition?

Sorry for the long post and thanks in advance for all the advice

To avoid major problems you should start with sending a formal letter to your LL where you systematically and precisely list what you mentioned above, demanding action to fix the issue and giving LL some reasonable time (2-3 weeks) to do it.

Now, what you described can be very subjective so no way to determine how severe are those issues. Some mould, pests and chipping paint may or may not be good enough to terminate the contract. Also, tropical setting of Singapore makes the things you described rather common. In my first year here, when I went back to Europe for holidays in December I left my flat with all windows closed and when I came back, even the furniture were covered with mould and I mean a thick layer of it. It is critical to have your place well ventilated and possibly with light. If your windows are closed most of the time, curtains cover them limiting the light, there would be no way to prevent mould growth.

My suggestion: start with the letter first, send it via registered mail and see what happens.