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Tenancy agreements/leases and your rights as a tenant

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

Postby xavier_gil » Thu, 04 May 2017 3:35 pm

JustSee wrote:
xavier_gil wrote:thanks for replying.

we did not sign any other document, only 2 copy of same document.
Only stated the 1st year in TA contract regarding the commission fees in the document.
Renewal commission fees do not have the clause on it.

My sis company warehouse rental TA, do have stated the renewal contract for the agent fees.

That's why we take out the document and read on it. Sound fishy with the agent, we deal that agent i not able to find out his CEA registration in CEA website. LL agent i able to find it.


Give CEA a call then and raise your concern, you'll get the best answer from them.


Noted. Appreciate you advice.
May i know the SLA website u provided, select which Category? POI?

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

Postby JustSee » Thu, 04 May 2017 11:02 pm

Yup, should be the one, I have never used it.
POI:
This provides information on land such as tenure, area, property address and registered ownership as at the date of search.
(NB: It does not include information on instruments pending registration which may affect ownership.)

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

Postby xavier_gil » Mon, 08 May 2017 8:34 am

i just check the POI , it seem the owner details are seem the same.
LL son which dealing with the agent regarding this TA, i unable to get LL son contact.

2nd, we dealing with that agent seem are not registered in CEA. Unable to search his CEA no. in the website. As for the LL agent, im able to get his information. it is good to directly call the LL agent?

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

Postby x9200 » Mon, 08 May 2017 2:21 pm

If this was as simply as checking the above records, the Small Claim Tribunal would rely on it and we know it needs something more convincing. I expect POI is just a registration record and may have nothing to do with the actual address.

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

Postby xavier_gil » Mon, 08 May 2017 2:28 pm

x9200 wrote:If this was as simply as checking the above records, the Small Claim Tribunal would rely on it and we know it needs something more convincing. I expect POI is just a registration record and may have nothing to do with the actual address.


yap. POI cant get much details.
if CEA no. from the agent unable to check, means he is not registered to CEA?

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

Postby x9200 » Mon, 08 May 2017 2:37 pm

xavier_gil wrote:
x9200 wrote:If this was as simply as checking the above records, the Small Claim Tribunal would rely on it and we know it needs something more convincing. I expect POI is just a registration record and may have nothing to do with the actual address.


yap. POI cant get much details.
if CEA no. from the agent unable to check, means he is not registered to CEA?

Or there is a mistake in the No, but if the agent is not registered, this would be very serious.
Can you look him up using his name? If I remember correctly there was even a phone application for this.

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

Postby xavier_gil » Mon, 08 May 2017 2:38 pm

x9200 wrote:
xavier_gil wrote:
x9200 wrote:If this was as simply as checking the above records, the Small Claim Tribunal would rely on it and we know it needs something more convincing. I expect POI is just a registration record and may have nothing to do with the actual address.


yap. POI cant get much details.
if CEA no. from the agent unable to check, means he is not registered to CEA?

Or there is a mistake in the No, but if the agent is not registered, this would be very serious.
Can you look him up using his name? If I remember correctly there was even a phone application for this.


i tried both. name/phone number. i did try search 1 by 1 too
no record.

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

Postby x9200 » Mon, 08 May 2017 4:11 pm


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

Postby xavier_gil » Mon, 08 May 2017 4:59 pm

x9200 wrote:https://www.cea.gov.sg/docs/default-source/module/newsletter/mar-apr-2016/201603-new/unregistered-property-agent-fined.html


thanks! i appreciate it. will seek advice from CEA officer and write a letter to owner. see how it goes.

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

Postby JustSee » Wed, 30 Aug 2017 6:12 pm

kendrawph wrote:My neighbor feedback to HDB that their pipes has serious stains. Guess what, it's the same issue as yours, and the source came from my end as i am staying above. To cut whole story short, we split the cost of waterproofing with subsidies, less than $300. I think for private estates, you have to take care of your own leakage. If you need contact, look for http://some-companies-with-no-need-to-spam-to-get-their-clients , they got 24 hours ponding test too. On the whole, i am quite happy with HDB arrangement, and i got a new flooring. Lol.


Who are you actually replying to? or are you advertising that company?

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

Postby Ellmeg » Thu, 31 Aug 2017 6:12 pm

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.

Thank you

E

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

Postby JustSee » Thu, 31 Aug 2017 6:20 pm

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.

Thank you

E



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.

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

Postby Ellmeg » Thu, 31 Aug 2017 8:06 pm

JustSee wrote:
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.

Thank you

E





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.

All the best.


Thank you!

I don't want to remove the clause. I am surprised about the additional bit of not executing contract terms.

The way it reads, if I fail to clean the AC then landlord may enter the premises as this talks about

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

This is the part that worries me.

Any thoughts?

Thanks!

E

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

Postby x9200 » Thu, 31 Aug 2017 9:34 pm

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.

Thank you

E

For a clause like that I only change the grace period to 14 days, just in case. It is IMHO pretty safe to leave the clause for the following reasons:
1) the burden of proving the claim you are in breach is on the LL
2) personally I doubt it would be legal to enter the premises for a minor breach - in the law, normally the action resulting in substantial damage to some important goods (here, privacy) needs to be proportional to the magnitude of the breach.
3) Even the local, kiasu LLs, don't really want to get involved in any legal action. They will gain nothing trying to exploit some minor breaches and they may lose IMHO a lot.

But remember, I am not a lawyer.

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

Postby Ellmeg » Thu, 31 Aug 2017 9:51 pm

E[/quote]
For a clause like that I only change the grace period to 14 days, just in case. It is IMHO pretty safe to leave the clause for the following reasons:
1) the burden of proving the claim you are in breach is on the LL
2) personally I doubt it would be legal to enter the premises for a minor breach - in the law, normally the action resulting in substantial damage to some important goods (here, privacy) needs to be proportional to the magnitude of the breach.
3) Even the local, kiasu LLs, don't really want to get involved in any legal action. They will gain nothing trying to exploit some minor breaches and they may lose IMHO a lot.

But remember, I am not a lawyer.[/quote]

Thank you - helpful

E


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