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Tenancy agreements/leases and your rights as a tenant

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

Post by Pal » Wed, 13 Dec 2023 11:06 am

If you didn't sign any agreement and didn't pay any desposit, walk away. No agreement so don't need to worry about their legal threats.

Feedback to HDB and MOM that your name is wrongly listed in the said premises as occupier and you need it to be removed. They can't hold you ransom for this.
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mshawkit
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Re: Tenancy agreements/leases and your rights as a tenant

Post by mshawkit » Tue, 26 Dec 2023 4:32 pm

I have a question guys. We are renting a 4 room HDB and I am the main tenant. One of the tenants suddenly told me that she will be moving out in 2 months time and she is not getting a replacement for her case. I insisted that she would have to keep paying for the rental until a replacement is found. She finds it ridiculous and refuses to pay until a replacement has been found. What should I do about this and what else can I do? Can I bring this up to Small Claims Tribunal?

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

Post by Pal » Tue, 26 Dec 2023 4:59 pm

It depends if there is any written agreement between you and the sub-Tenants. If there is no black and white agreement, even if you lodge a claim in SCT, don't think it will help.

Post the room rental or space rental ad as soon as possible. I don't see much mileage or benefit for you to pursue legally.
mshawkit wrote:
Tue, 26 Dec 2023 4:32 pm
I have a question guys. We are renting a 4 room HDB and I am the main tenant. One of the tenants suddenly told me that she will be moving out in 2 months time and she is not getting a replacement for her case. I insisted that she would have to keep paying for the rental until a replacement is found. She finds it ridiculous and refuses to pay until a replacement has been found. What should I do about this and what else can I do? Can I bring this up to Small Claims Tribunal?
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Re: Tenancy agreements/leases and your rights as a tenant

Post by scarlettred » Sat, 23 Mar 2024 4:21 pm

my landlord refuses to pay for repairs in my apartment so i found my own contractor and deducted this from my month's rent. im nearing the end of my lease, can I forfeit my last month's rent to secure my 1 month security deposit?

my landlord threatened to lock the apartment because i haven't paid last month's rent. can I use this as defense in the court in the event that he sues me for not paying last month's rent?

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

Post by Pal » Sat, 23 Mar 2024 11:54 pm

In the TA, it should be stated that you are not supposed to deduct the repairs from rental unless agreed by Landlord. Rental should continue to pay but lodge a claim about Landlord not repairing the items.
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Re: Tenancy agreements/leases and your rights as a tenant

Post by scarlettred » Sun, 24 Mar 2024 3:13 pm

Do I have a case if I go to SCT? Can I continue to withold last month's rent first while waiting for the dispute to be settled?

I have evidence to show that my LL threatened to lock my gate because I did not pay the last rent. Will the judge be more likely to rule in my favour in that case?

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

Post by Pal » Sun, 24 Mar 2024 8:01 pm

How much is the deposit held by the landlord? Two months?
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Re: Tenancy agreements/leases and your rights as a tenant

Post by scarlettred » Mon, 25 Mar 2024 12:10 pm

one month

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

Post by scarlettred » Tue, 26 Mar 2024 8:24 pm

anyone have experience with small claims tribunal - whether if landlord refused to do repairs is a sufficient defense for witholding rent?

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

Post by Pal » Wed, 27 Mar 2024 12:15 am

Refusing repair is debatable and subjective but withholding rent is a clear breach of contract.

I am not sure what is the better option for you. If you continue to pay the last month's rent, you may not get what you had spent on the repairs and the Landlord may also deduct your deposit for other items. If you do not pay the rent and use the deposit to offset the last month's rent, you may get more legal problems by breaching the contract.

If repair bills are not a large amount, I suggest you move on. If not and if you time to spend, lodge a claim at the SCT for the repairs.
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Re: Tenancy agreements/leases and your rights as a tenant

Post by scarlettred » Wed, 27 Mar 2024 5:11 pm

can I withold last month's rent to offset the deposit, if i have reasonable grounds to believe that my landlord will not return my deposit? or simply that my landlord did not abide by the quiet enjoyment clause during my tenancy

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

Post by Pal » Wed, 27 Mar 2024 6:01 pm

In many tenancy, Tenant does that. Although not right, but I believe you have your risks. So it's your decision to withhold or otherwise.
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Re: Tenancy agreements/leases and your rights as a tenant

Post by scarlettred » Wed, 27 Mar 2024 6:29 pm

from your experience if such cases goes to SCT and eventually to hearing, does the registrar evaluate for reasonable grounds to withold rent by the tenant to secure deposit, or do they simply not entertain such reasons?

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

Post by Pal » Thu, 28 Mar 2024 12:19 am

Will you be intending to go SCT route for the repairs after withholding rent and let Landlord deduct last month from deposit?
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Re: Tenancy agreements/leases and your rights as a tenant

Post by scarlettred » Thu, 28 Mar 2024 12:40 am

i have already deducted the repair fees from one of the month's rent and thinking of witholding the last month's rent so my LL cannot take my deposit

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