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Legal advice needed on tenancy agreement

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madfysh
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Legal advice needed on tenancy agreement

Postby madfysh » Fri, 14 Aug 2009 2:29 pm

First, I must state I am a Landlord here.

I searched through many forum and noted most times fear/concerns are being raised from tenant's pt of view. But pls note i meant no harm and merely asking for advice here.

My relationship with my agent is strained and I suspect he is trying to cheat. In the tenancy agreement, there is a clause that states if there is closure of any facilities in the condo for more than 60 days, I will have to (1) deduct rent (2) provide tenant with a country club membership.

I want to ask if this clause is a standard in all Tenancy Agreements?

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durain
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Postby durain » Fri, 14 Aug 2009 4:53 pm

if you think the agent is cheating on you, look for another agent. there are thousands and thousands of agent out there and you end up with only 1.

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Postby Nath21 » Fri, 14 Aug 2009 4:59 pm

Are you for real?

That clause cant be normal. Firstly if there is a provision for not being able to provide accomodation for some reason I could understand this but country club membership - it dosent even relate to the issue? I could see possibly where you had to provide alternatiove equivalent accomodation.

Also for any closure of facilities makes it sound like if the pool is getting cleaned your up for cash deduction and country club membership rather than for the provision being when accomodation is not able to accessed.

Remeber this is your contract with the tenant so why would you let your agent use these terms on your behalf? Your definately up the river without a paddle if the gym or any other facilities are closed for 60 days.

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sierra2469alpha
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Postby sierra2469alpha » Fri, 14 Aug 2009 5:04 pm

Yeh - agree with Nath21 - sounds strange to me (as a tenant) - we wouldn't ask that of our landlord! Our says that if there is a problem with common facilities that cme with the complex for more than 45 days then the rent reduces.

Furthermore, we don't even ask that of our various tenants back in AUS.

HTH, Mr.P

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Postby madfysh » Fri, 14 Aug 2009 5:13 pm

I am for real, 100%. long story as to why I have to stick to this agent. so only way to protect myself is to check umpteen times on every single details.

this is the actual clause. "in the event if there is a closure of the building's facilities like, swimming pool, gym room, tennis court, squash court, playground and any other facilities provides by the development for more than 60 days for whatsoever reasons. The landlord shall oblige to either a) provide a rental reduction or b) provides a country club membership to the occupier and his family during the closure period."

It is the first time I have seen this clause...so if for some reason, facilities are closed for >60 days, its my fault?

There is another clause which I am also curious of. "In the event that there is a large-scale construction or development within 500metres of the demised premises or the building in which the demised premises is situated in, the Tenant may by serving 2 months' written notice or paying 2 months' rent in lieu of notice, terminate this Agreement. This clause if only applicable after 10 months of the said term has elapsed"

Is this clause typical as well?

so

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sierra2469alpha
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Postby sierra2469alpha » Fri, 14 Aug 2009 5:14 pm

Two words - "smart tenant"

madfysh
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Postby madfysh » Fri, 14 Aug 2009 5:18 pm

totally agreed coz I am dealing with a company as the tenant.

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Postby brittanny » Fri, 14 Aug 2009 5:46 pm

both clauses are not standard terms, u should propose and reject both clauses

alternatively, and if the tenant insists on having the clause, then counter-propose to :

1) have it 90/120 days instead of 60 days, and also delete "for whatsoever reason" and replace with "save for upgrading works by the development and/or standard maintenance purposes"

2) 500m is 0.5km, please bear in mind that new developments are sprouting everywhere at the moment n sg is such a small place, u may wish to counter-propose 100m, 50m or even less

good luck to u

madfysh
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Postby madfysh » Fri, 14 Aug 2009 5:52 pm

many thanks for all the replies!!

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sierra2469alpha
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Postby sierra2469alpha » Fri, 14 Aug 2009 6:10 pm

the "country club" membership sounds a bit unreal, in my honest opinion. I don't golf, but hey, that's worth more than a Fitness First or swimming pool - I hear country club and I think I need to wear a tie and a nice pair of chinos!

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Postby sundaymorningstaple » Fri, 14 Aug 2009 6:21 pm

brittanny wrote:
2) 500m is 0.5km, please bear in mind that new developments are sprouting everywhere at the moment n sg is such a small place, u may wish to counter-propose 100m, 50m or even less

good luck to u


You might want to try living next to a construction site only 100m away while piling works are going on for months on end before you make a statement like that. Have you ever found yourself in that predicament? Especially seeing contractors don't particularly listen to the no heavy construction works after 7 pm.

Regarding the country club thing, It says it's up to the landlord and it also does not indicate the amount of the rental deduction. From a tenant's point of view as well as from a landlord's POV the unit is not worth the inflated values if the facilities are not useable (could rent an HDB for a considerable amount less). Therefore, if the facilities were not there in the first place the landlord could not have gotten the rental originally signed for. The only reason usually for renting a condo is for the facilities. So, yeah, I think the contract has been looked at carefully and the prospective tenant has carefully thought this thing through. Maybe the two of you could meet half way.

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Postby brittanny » Fri, 14 Aug 2009 6:28 pm

im in that situation rite now, a 100m away
and im moving soon!
thk o mighty god

but im single. i was on sick leave one day n it was driving me nuts

so for those with family and having a non-working wife and child
it is a very miserable situation
i can understand

the escape clause is for the benefit of the tenant but there is a lock-in period of 10mths into the contract, thereafter a 2 mths notice

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Postby ksl » Fri, 14 Aug 2009 6:41 pm

From landlords point of View and the Company who is agent, in the best interest of his tenants, it is a wise move to include this into the leasing contract, although you must also remember you negociate for a win win contract, you do not just sign your life away on anything which is unreasonable.

Landlord cannot be expected to cover the liabilites of nature, war, and future planning and development of Singapore. :lol: So you do not agree.

But lower the tone and maybe inset a clause that is agreeble. That both parties will share the cost of any tenant inconvienance, in the event of such things happening. Not to exceed a certain amount.

There maybe insurance cover available for the closure of facilities, look into it. or look into buying a policy that will cover these events..

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Postby madfysh » Sat, 15 Aug 2009 12:03 am

yeah, everyone's feedback has a point or two. while i try to put myself in the shoes of the tenant's, i also do not want to sign my life away and end up on a losing end...especially when the opposite party is a corporate who is armed with a team of legal experts. I will try to get them to get rid of the country club clause.

Keeping fingers crossed.

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durain
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Postby durain » Sat, 15 Aug 2009 12:26 am

go to a (or a few) reputable agent and ask for their tenancy agreement/contract. at least it will give you a rough idea what's should be in such contract.


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