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Tenancy agreements/leases and your rights as a tenant

Discuss about where to live, renting a property, tenancy issues, property trend and property investment in Singapore.
PinguPingu
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Re: Tenancy agreements/leases and your rights as a tenant

Postby PinguPingu » Mon, 20 Feb 2017 12:14 pm

x9200 wrote:
PinguPingu wrote: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.


Hi, thanks for the advice x9200
As I don't have the landlord contact, I've been liaise with the landlord agent all the while. I've contacted the agent and given them a date. They finally responded to my text and said they will rectify the problem. They also said they will paint over the mouldy wall and door. Let's see how it goes.

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Re: Tenancy agreements/leases and your rights as a tenant

Postby Thengle » Sat, 25 Feb 2017 7:44 am

We just got word last night that our landlord has lost the condo to the bank. We are told we have 30 days to vacate (have only been here 7 months of a 2 year lease). Do you really no recourse because he didn't pay his bills? We are now stuck scrambling to try and find a place, a new deposit etc. Any help would be appreciated!

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x9200
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Re: Tenancy agreements/leases and your rights as a tenant

Postby x9200 » Sat, 25 Feb 2017 8:23 am

Thengle wrote:We just got word last night that our landlord has lost the condo to the bank. We are told we have 30 days to vacate (have only been here 7 months of a 2 year lease). Do you really no recourse because he didn't pay his bills? We are now stuck scrambling to try and find a place, a new deposit etc. Any help would be appreciated!

Firstly, who tells you to vacate?
You always have recourse against the landlord (LL) and unless the LL's debts to the bank are higher than the free market value of the flat, you should be able to recover all your substantial damages.

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Re: Tenancy agreements/leases and your rights as a tenant

Postby Thengle » Sat, 25 Feb 2017 8:35 am

x9200 wrote:
Thengle wrote:We just got word last night that our landlord has lost the condo to the bank. We are told we have 30 days to vacate (have only been here 7 months of a 2 year lease). Do you really no recourse because he didn't pay his bills? We are now stuck scrambling to try and find a place, a new deposit etc. Any help would be appreciated!

Firstly, who tells you to vacate?
You always have recourse against the landlord (LL) and unless the LL's debts to the bank are higher than the free market value of the flat, you should be able to recover all your substantial damages.


The landlord and his agent told us 30 days because that what the letter from the bank told them. Is that incorrect? I am not sure that the bank knows there are tenants. We got a letter from the bank's Lawyers addressed to "occupants" last night - should we call them? Not really sure where to start on this one.

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x9200
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Re: Tenancy agreements/leases and your rights as a tenant

Postby x9200 » Sat, 25 Feb 2017 8:53 am

In that letter from the bank's lawyers, is there only a note of the ownership change or also request to vacate the property?

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Re: Tenancy agreements/leases and your rights as a tenant

Postby Thengle » Sat, 25 Feb 2017 9:02 am

x9200 wrote:In that letter from the bank's lawyers, is there only a note of the ownership change or also request to vacate the property?


Just a note that they are taking back the property. No notice to us directly to vacate. That came from the landlord. The bank does ask him for "vacant possession of the property".

The letter from the Lawyers does ask him to vacate but again, I don't think they know there are tenants. They asked him to inform them if there are tenants (which I am not sure has been done).

Thanks for this so far!

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Re: Tenancy agreements/leases and your rights as a tenant

Postby x9200 » Sat, 25 Feb 2017 9:34 am

Thengle wrote:
x9200 wrote:In that letter from the bank's lawyers, is there only a note of the ownership change or also request to vacate the property?


Just a note that they are taking back the property. No notice to us directly to vacate. That came from the landlord. The bank does ask him for "vacant possession of the property".

The letter from the Lawyers does ask him to vacate but again, I don't think they know there are tenants. They asked him to inform them if there are tenants (which I am not sure has been done).

Thanks for this so far!

Your agreement is still with the LL regardless who is the actual owner (it was always the bank anyway) so if the LL wants you to vacate, he needs to serve you such notice in writing (unless your tenancy agreement says differently).

After such notice is served, you will need to vacate the apartment.

You may inform the LL, that he is in breach of the agreement (unless again, there is a clause making him immune) and that you intend to recover all your related expenses.

When you find a new apartment and move in, you sum up all your expenses:
- costs of moving
- any difference in the rent (if applicable)
- any expenses related to the agents, your travel to visit new places etc.
- if you needed to take paid leave from work, include this as a $$$ equivalent
- if you needed to cancel something resulting in monetary loss, include this too
For the above have for all invoices receipts etc.
On to of the expenses (damages) add some money as a compensation (this part may be tricky).

Send a formal, registered letter to the LL requesting him to pay the above.

If the LL refuses, sue him in Small Claims Tribunal.

PS. I am not a lawyer, and this is just my opinion.

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Re: Tenancy agreements/leases and your rights as a tenant

Postby Max Headroom » Sat, 25 Feb 2017 9:35 am

That's nasty. Looks like the doodie is starting to hit the fan. You're not the first and certainly not going to be the last, the way things are playing out at the moment.

Basically, there are 2 main scenarios:

1. The bank just assumes ownership of the place and leaves it at that until your lease has expired.

2. The bank puts the property up for execution sale a-sap to recoup their outstanding funds.

Yes, call the bank and make sure they know the whole story, rather than what the LL has or hasn't told them. Better yet, go to the bank and meet with them in person. Show them it's about people.

Worst case, in the current market, at least you should be able to find a new place quickly.

Also, I agree, stay on top of your LL. He owes you.

Keep us posted.

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Re: Tenancy agreements/leases and your rights as a tenant

Postby memorility » Wed, 29 Mar 2017 1:40 am

Hello

In february, i have shifted out of the office and handed over to the new tenant.
I have paid a security deposit of 2 months (march and april) before the new tenant was found.
Now, landlord wants me to pay first 2 weeks of May when the new tenant is using this time to do renovation. It doesnt make sense at all when i have no ownership of it.
Landlord cancelled the cheque he gave me for the security deposit after i told him im not going to pay for what im not supposed to pay for.
He said he will see me in court.
Help?

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Re: Tenancy agreements/leases and your rights as a tenant

Postby Barnsley » Wed, 29 Mar 2017 9:44 am

memorility wrote:Hello

In february, i have shifted out of the office and handed over to the new tenant.
I have paid a security deposit of 2 months (march and april) before the new tenant was found.
Now, landlord wants me to pay first 2 weeks of May when the new tenant is using this time to do renovation. It doesnt make sense at all when i have no ownership of it.
Landlord cancelled the cheque he gave me for the security deposit after i told him im not going to pay for what im not supposed to pay for.
He said he will see me in court.
Help?


Tell him you look forward to your day in court ....

Remind him to bring his chequebook!!!
Life is short, paddle harder!!

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Re: Tenancy agreements/leases and your rights as a tenant

Postby memorility » Wed, 29 Mar 2017 10:55 am

Barnsley wrote:
memorility wrote:Hello

In february, i have shifted out of the office and handed over to the new tenant.
I have paid a security deposit of 2 months (march and april) before the new tenant was found.
Now, landlord wants me to pay first 2 weeks of May when the new tenant is using this time to do renovation. It doesnt make sense at all when i have no ownership of it.
Landlord cancelled the cheque he gave me for the security deposit after i told him im not going to pay for what im not supposed to pay for.
He said he will see me in court.
Help?


Tell him you look forward to your day in court ....

Remind him to bring his chequebook!!!


What are the chances that i will lose this case?
Would it be i missed out that part where he said that old tenant must pay for new tenant's rental-renovation period fee?
Should i be keeping those threats he sent to me as evidence during the court?
What more should i take from him before i win this case?

Thanks for your patience! Im new to going to the court so im slightly nervous and want to be prepared.

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Re: Tenancy agreements/leases and your rights as a tenant

Postby x9200 » Wed, 29 Mar 2017 1:06 pm

Nobody can tell you anything about your chances until you provide some clues on your agreement and your obligations related to it. If, for example, you were expected to hand over the property in the same condition as of the time you moved in, and you didn't, this LL's request can be fully justified.

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Re: Tenancy agreements/leases and your rights as a tenant

Postby memorility » Wed, 29 Mar 2017 1:08 pm

x9200 wrote:Nobody can tell you anything about your chances until you provide some clues on your agreement and your obligations related to it. If, for example, you were expected to hand over the property in the same condition as of the time you moved in, and you didn't, this LL's request can be fully justified.

Oh yes i forgot about that. Thanks alot for reminding!

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Re: Tenancy agreements/leases and your rights as a tenant

Postby unbelievable1981 » Tue, 18 Apr 2017 5:19 pm

Hello just moved out and suddenly two days later LL finds lots of small marks on the floor. Please refer to the following pictures taken by LL:
http://imgur.com/a/Af5z1
Some photos are repeats by the looks.
Would you say this is fair wear and tear? Or is it malicious?
LL just come back keep saying they had touched up everything before I moved in.

I had no idea they were there when I ran my eyes over the floor. It is almost like I should take photo of every square centimetre before I leave.

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Re: Tenancy agreements/leases and your rights as a tenant

Postby PNGMK » Tue, 18 Apr 2017 7:08 pm

Fair wear and tear but depending on the floor material (is that stone or tile?) it may buff out. Floors are problematic here - some LL put down marble, which while it can be recut, damaged easily. Others put tiles which means one chipped tile can lead to an entire floor being relaid. Either way should be treated place that has fair wear and tear meaning that every 10/20 years or so it needs to be relaid.
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