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Tenancy agreements/leases and your rights as a tenant

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superdude17
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Re: Tenancy agreements/leases and your rights as a tenant

Postby superdude17 » Thu, 28 Sep 2017 2:19 am

I'm on EP and will be renting a condo soon, I will be getting a 1 year contract and part of the T.A. is this:
***************************
PROVIDED ALWAYS if the Tenant breaks the tenancy during the tenancy period, the Tenant is required to pay up the rental of the remaining lease period and the one (01) month deposit will not be refundable for not fulfilling the twelve (12) months tenancy period by the Tenant.

No break lease is allowed in this tenancy agreement. Tenant must complete the 12 months lease.
**************************

There are no Dip clause stated on the contract as my agent told me that Dip clause is usually for 2 years contract.
I don't really intend to break lease but I also want to safeguard myself in the event that there are unforeseen circumstances happened and I need to leave Singapore.

Do you think I need to be worried of this? Is there anything else I can add on the contract. The clause above is quite unfair because i need to pay them for the full year in case i break lease then on top of that they will also forfeit my security deposit.

I don't have this clause on my current lease on an HDB unit. Is it really different on a T.A. for condo?
I have an agent working for this new flat and my agent fell the she should be on my side since i will be paying her but reading the contract all the clauses favors the landlord.

any inputs is much appreciated as my agent want me to sign it very soon.

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

Postby Strong Eagle » Thu, 28 Sep 2017 5:11 am

You can find a different landlord willing to include a DIP clause of some sort. You can attempt to include language that allows you to find a renter to replace you. Or, if you don't make 12 months, you just walk away, assuming you won't be in the country anyway.

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

Postby superdude17 » Thu, 28 Sep 2017 10:19 am

Is there a landlord that is willing to add a dip clause even if the lease is just one year? I'm not familiar on the common practices of leasing a unit for 1 year?

If i had requested to have a dip clause that if i leave singapore, I'm not sure if they are willing to include it or I'm not sure if there are landlord willing to do it as well.

I know if really something happen i can discuss with the landlord but that will still put me on the loosing end of the stick and waiting on the mercy of the landlord. I think most landlords are willing to negotiate and settle, but she has her own agent and that agent are the one i don't trust.

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

Postby PNGMK » Thu, 28 Sep 2017 11:09 am

See if you can change to a 6 month lease with an option to renew for 6 months. That means less risk.
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Re: Tenancy agreements/leases and your rights as a tenant

Postby superdude17 » Thu, 28 Sep 2017 1:15 pm

I already asked that prior but my agent said there's no such thing as 6 months lease. minimum is 1 year. I know on an HDB i can ask for 6,12, or 18 months. but not sure the rule on condo.

I'm thinking is it possible to add something like:

if my legal documents of staying here in singapore is cancelled, the T.A. is considered null / void and the LL will forfeit my advance deposit?

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

Postby superdude17 » Thu, 28 Sep 2017 1:27 pm

I saw this from other thread. I think this one i can ask my agent to add in the clause:

Notwithstanding the term of [12/24] months, it may be wholly determined at any point in time after the commencement of the term by the Tenant giving to the Landlord two (2) calendar months' notice in writing of the Tenant’s intention to end the tenancy or two (2) months’ rent in lieu of such notice if either Tenant [single or co-tenant] shall (c) be required to leave Singapore permanently on a job transfer, (d) be required by the relevant law or authorities to leave Singapore, or (e) if his/her/their employment in Singapore is terminated for any reason whatsoever. Provided always that the said written notice shall be accompanied by documentary evidence proving the event relied upon by the Tenant in the said written notice."

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

Postby sundaymorningstaple » Thu, 28 Sep 2017 5:23 pm

That is more or less the standard Dip Clause. Good Luck.

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

Postby superdude17 » Thu, 28 Sep 2017 6:35 pm

My agent don't want to add it in, saying it is definitely not possible, and tell me that if there are unforeseen things happen, she will help me to find a replacement tenant for the unit. I just need to pay her for the agent fee.

Guess that how it goes here in SG, landlord don't want to have any losses even if tenant has a tragic reason....

Thanks for the advice.

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

Postby Strong Eagle » Thu, 28 Sep 2017 9:40 pm

superdude17 wrote:My agent don't want to add it in, saying it is definitely not possible, and tell me that if there are unforeseen things happen, she will help me to find a replacement tenant for the unit. I just need to pay her for the agent fee.

Guess that how it goes here in SG, landlord don't want to have any losses even if tenant has a tragic reason....

Thanks for the advice.


Sounds like you have a serious scheisskopf for an agent. She's full of crap. Anything is definitely possible with a decent negotiator. I'm not in Singapore anymore, and, everything I read here certainly shows a swing towards a buyers market.

Is your agent also representing the landlord? Sure sounds like it.

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

Postby superdude17 » Fri, 29 Sep 2017 5:46 pm

Strong Eagle wrote:Sounds like you have a serious scheisskopf for an agent. She's full of crap. Anything is definitely possible with a decent negotiator. I'm not in Singapore anymore, and, everything I read here certainly shows a swing towards a buyers market.

Is your agent also representing the landlord? Sure sounds like it.


No. She is my agent. The LL also have his/her own agent, which I met during the viewing.

That's why I told you that I don't trust those "agent", the contract is almost all PRO LL, but those are small issues which i can pass on, only the No break lease clause that I worry about.

If you mean it swings towards a buyers market meaning the tenant can do negotiation on the contract?

If this deal bug down and I try to look for other place I'm not sure if there are any agent-LL ,will allow a Dip Clause.

I think this so called agents are all about money and push the tenant on the loosing end thats why if the tenant do a runner you also cannot blame them.

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

Postby taxico » Fri, 29 Sep 2017 6:08 pm

your agent sucks. walk away and/or find another agent. LOADS of them of there.
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Re: Tenancy agreements/leases and your rights as a tenant

Postby Jackk » Mon, 16 Oct 2017 11:52 pm

Hi there, I hope that I'm in the right place to post this. If it isn't, please let me know and I'll delete this. Thank you.

There is a total of three of us who decided to rent an entire unit to ourselves.
First of all, we made a verbal agreement which states that either of us could move out at any point of the 1.5 years lease, provided we found a new tenant and incurred no loss in rent.

Moving on, we signed the LOI and finally on to the TA. On the TA, I was listed as the main tenant, while the other two were occupants, however, each of their signature was set into the TA.

Now, after signing this lease, one of the occupants decided to include his girlfriend into his room, and started to negotiate his rent again. We couldn't come to an agreement and they gave us an ultimatum, either accept their proposed rental or they will not move in. I asked if he would honor his verbal agreement with us and to start looking for a new tenant (1.5 weeks prior to starting lease). He said the verbal agreement was only valid if he moved in.

Now fast forward, we lost half a month's rent from his original room (being unoccupied). We requested to split the cost three ways but he denied, saying it wasn't his responsibility, and instead I owe him his deposit that was given to the landlord and has sent a letter of demand.

What are my options here legally? Do i have a standing ground based on witness (to the verbal agreement) and the lease that he signed as well? Or do I return his deposit and absorb the loss entirely as the main tenant?

Thank you. Would really appreciate any help given.

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

Postby PNGMK » Tue, 17 Oct 2017 7:47 am

Jackk - do you have any texts or whatsapps? If so take him to the SCT. If you have absolutely nothing it's a bit tough - while verbal agreements are of course contract it can be hard to enforce them.

It "may" be enough to have him summoned to the SCT - that may frighten him into paying.

In the mean time as the master tenant I suggest you draw up an agreeement quickly.

Also I agree with you guys putting your foot down about the non paying gf showing up - she'd had sat in the room all day with the aircon on, hogging the bathrooms and internet and not paid a single cent.
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Re: Tenancy agreements/leases and your rights as a tenant

Postby Jackk » Tue, 17 Oct 2017 9:10 am

Thanks for your reply.

I do have WhatsApp chats and a witness (third tenant) who made the same verbal agreement at the same time.

However to clarify, they have not ever moved in. They broke the lease upon signing and did not take any responsibility claiming the lease is my concern.

Now he claims that I owe him his deposit entirely and that the lease is not applicable to him. However his signature is on the lease, my other tenant has a diplomatic clause and my agent claims that the lease applies to all.

Does it mean that the contract is binding for him as well?

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

Postby Strong Eagle » Tue, 17 Oct 2017 11:01 am

Jackk wrote:Now he claims that I owe him his deposit entirely and that the lease is not applicable to him. However his signature is on the lease, my other tenant has a diplomatic clause and my agent claims that the lease applies to all.


It is binding but what are you going to do? Here's what I would do: PNGMK is right. File something with SCT. Then tell him he can stuff his deposit receipt where the sun don't shine. Why would you want to give it back to him when you've been screwed. Good luck with him trying to pursue legal channels when he's in violation.

You made a crappy selection for a roommate. You're probably going to have to eat some costs. But I would tell this horrible individual to go piss up a rope. He won't have recourse with you.


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