Ellmeg wrote:Hello all!
After the LOI we finally got out TA.
I have checked it and surely all the suggestions you have here I have now tried to implement - so thank you!!!!
The paragraph titled " Default of tenant" puzzles me. Here it is:
(a) If the rent hereby reserved or any part thereof shall be unpaid for seven (7) days after becoming payable (whether formally demanded or not) or if the Tenant shall at anytime fail or neglect to perform or observe any of the obligations, stipulations and agreements herein contained on his part to be performed or observed or if the Tenant or any other person in whom for the time being the tenancy be vested shall become bankrupt or enter into composition with the Tenant’s creditors or suffer any distress or execution to be levied on the Tenant’s goods or if the Tenant being a company shall go into liquidation whether voluntary (save for the purpose of amalgamation or reconstruction) or compulsory then and in any of the said cases it shall be lawful for the Landlord at any time thereafter to re-enter upon the premises or any part thereof and thereupon this tenancy shall absolutely terminate but without prejudice to the right of action of the Landlord in respect of any antecedent breach of this Agreement by the Tenant.
So I know I need to add the phrase about me trying to do my best to pay the rent.
But what about the part in red? That would mean that if I breach any of the TA they can enter premises... is this standard? This to me includes much more than payment default.
To be honest I struggle to even understand this paragraph so any help would be great.
Believe me, you are not the only one... I bet that if you also asked the LL agent what this means they would have to go back to their company and check. Most contracts in Singapore are Copy/Paste without understanding the meaning.
But yes, as I understand this, your assumption is right. In any case there is a default in payment longer than 7 days, the LL can go in the apartment.
If I was the LL I would not be flexible about this clause and insist on keeping it! If I was a tenant I would probably not try to push on removal of this clause, but rather on cleaning up and removing the irrelevant references to companies, other persons and whatever. You need to realize that if you push to change this clause, to the LL this might seem that you never pay on time, and that is why you're trying to remove it.
I have a very similar clause in my contract, to which I have asked to add the following sub section:
a) The Landlord shall update the tenant of any changes to the bank account, of which failure to do so resulting in non-payment of rent shall not constitute a breach of contract.
All the best.