Tenancy agreements/leases and your rights as a tenant

[Pal]

Although not right but there are some Tenants out there doing this.

[scarlettred]

has any tenant won a case against landlord in similar situations at SCT?

[Pal]

We don't have any data on that. SCT will look into the TA and if the TA states that clearly, your case is strong if Landlord doesn't repair what should be done.

[Mn2kl]

Posting this for posterity, as i feel it's super important for SG tenants to know.

To give a short background, these are lessons I learned the hard way and if there is anything useful I can pass onto anyone from my traumatic experiences it's to share this advice..

1. AVOID signing tenancy agreements with overseas landlords. If you have a dispute, Singapore courts will have no jurisdiction outside of the country.
2. Make sure you ask for the landlord's direct contact details. If their agent still acts on their behalf during the term of the tenancy agreement, know that their liability has ENDED, and thus any unreasonable or unprofessional behaviour exhibited by the agent will NOT be addressed by the CEA. Apparently once the TA is signed, the CEA code of ethics can go out the window.
3. The agent can refuse to provide your the landlord's details on account of privacy regulations, if that's the case then be aware that you are at the RISK of the agent's behaviour and actions without support from the CEA.
4. Make sure every clause in the contract is understood by you. If you're not sure, ask the agent - they're meant to explain it (but usually don't). Also, clauses may work together even when it's not very clear. For example, a break clause is STILL interpreted as "premature termination" - so if you plan to invoke a break clause, watch out for another clause in the contract that states you will still need to pay the full commission to the agent for the entire term of you exit the contract "prematurely"...
5. The minor repairs clause is routinely used and abused by the landlord /their agent. Tenants are meant to pay the amount for repairs required due to their negligence and overuse, NOT for every single worn item that has clearly deteriorated over time. They won't tell you that though.
6. When you move in (and out) - take pictures and videos of everything. Anything that can be damaged, that can open or close, that is exposed or worn, or in brand new condition - seriously, do it. Documented inventories by the landlord should be mandatory but they are not. And if it's your word against the landlord/agent.. Well they're the ones holding your deposit.
7. Finally, in the same vein as above - make sure all of your interactions with the landlord and agent are DOCUMENTED - you have very little leverage in this contract, so at the very least keep these in case of future disputes!

Good luck to all of you would-be tenants and may you navigate the murky world of rental property successfully..!

[Pal]

For the common Tenancy Agreement, usually it is stated that the Tenant is to refund the pro-rated amount of the commission for the unfulfilled lease NOT the full commission. Which I feel is fair.