Owner/ Owner's Agent Problem

[singaish]

Hi I am going through a major problem.

I had got a room in Senkang near compassvale LRT. The owner and me agreed for $700 including PUB and Internet. After paying them the caution deposit and signing the agreement end of Aug 2010. Now the landlord says she wants $750+ PUB if it exceeds $ 150 (difference amount) + she is asking me to take my own internet connection which I cannot do it, as there is already a cable connection at the house. She accepted for $ 700 flat for everything when signing the contract. I am supposed to shift by 15th Sep. But now I am facing this problem. I told them to return my caution deposit back, which they are not willing to. They are forcing me to pay more and asking me to stay there. I cant do it, coz its way beyond my budget. The owner also says people are ready to take the room for $ 800+ without aircon now, I told her to proceed with them by paying back my caution deposit.

My agent is willing to pay back her commission what i paid. But the owner and their agent is not picking up our calls or responding to my messages. i have even told them in a decent way that If i dont get my money back I would go legally. I guess they are least bothered.

Please guide me... how do i proceed

thanks in advance

[Mad Scientist]

The devil is in the detail. What does the TA states ?
If what is written in the TA is not abided then you have a case to argue.

[singaish]

TA states $ 700 inclusive of everything !

[Mad Scientist]

TA states $ 700 inclusive of everything !

Well if the TA states what it suppose to be, then the LL is sticking a stick up your arse. Go and complain to the Real Estate agencies on the LL agent. Register yourself with CASE and if it comes to custard complain to Small Claim Tribunal.
Not sure if this works but write a complain to the police under cheating case coz it is sure hell cheating to me.
Have that in place and inform the LL and the agent that you have done all these. Demand for your money and do not proceed with the tenancy as I foresee you will be deeper shit if you take up that rental

[singaish]

Yes that's what I am planning to do....

[LongTimeHere]

Not sure if you got your money back yet. If the TA terms are in your favor then chance of getting your money back is quite good. Anyway this should help others get back their money.

1) Ask your agent to send them a message that you are unable to move as per contract as no keys have been provided to you. This message should be sent via email & whatever mode of communication is mentioned in the contract. This is important to establish default of contract.

2) Recover the money from your agent, this strengthens your case, if your agent does a bank transfer even better.

3) After this - only after this (very important) tell your agent or if you have the owners email send them a message that you will be proceeding legally to recover your money and also inform the HDB. This should bring the landlord to his senses.

4) Make an 'event sheet' to ensure what you say is consistent. Write down exactly all the factual events in a nice sheet of paper. Date, time event etcs. Keep all SMS/email you have sent/received.

5) Go to subordinate court web site & download the form. These cases are so rampant there is a 'check box' on the form for recover of money from owner.

6) Go to subordinate court. Pay 20$ and register your case. Its just a glass window through which you talk to the officer. Your 'event sheet' now comes in handy. He will register the case.

7) You and the owner will receive a copy of the courts notice asking to appear at the registrar on a certain date. Most owners should come to their senses by then and may try to negotiate with you directly. Do not do so unless you want to kiss your money good bye & get tricked. Ask him to pay the registrar directly. Again this confirms default of contract.

8) On the appointed date go armed with your 'Events' sheet as you may have to argue in front of the magistrate if the owner turns up. If he doesn't turn up the magistrate will mostly will grant an order in your favor (as stated in the courts notice).

9) The owner has one month from the date of order to pay you. Most owners usually pay up.If not you can inform the HDB that there is a court order on this house. This will make him difficult to rent the house or sell it.

I actually had one owner who tested me to the limit. In the next stage I told him that I would execute a $250 court ballif order to sell his house if he didn't pay me back the $3000 he owed me. Its only after that he panicked and started pleading and paid me back. Tragically he was an Indian like us, from India and gave me hell.

The above procedure will take two months but you will get back the money with expenses ($20-$30).

Sometimes its not the amount its just the feeling of being bullied that's humiliating.

Best of luck

[jpatokal]

LongTimeHere, brilliant advice -- that was probably the best first post to SgExpats I've ever seen! Please stick around for a bit longer

[Zenman]

Great advise from Longtimehere. Follow to the letter and hopefully you'd recover your monies.
Devil's in the details like wat Madscientist says.