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Early terminate tenancy agreement for hdb whole unit

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lhj131
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Early terminate tenancy agreement for hdb whole unit

Post by lhj131 » Wed, 15 Sep 2010 1:56 am

Hi i have signed a TA of 12 months to rent out whole hdb flat (approved by hdb), but now i wish to repossess the flat & early terminate the TA. TA is stamped & there is no agents involved in this TA. Can i make use of the following clause in my TA for early termination?

Clause:
To permit persons with authority from the Landlord at all reasonable times by prior appointment to enter and view the premises for the purpose of taking a new tenant during two (2) calender months immediately preceding the termination of the tenancy.

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Post by Mad Scientist » Wed, 15 Sep 2010 2:03 am

I guess your the LL. What does it state for the tenant?
If you have given the tenant ample time to vacate yeah. What about compensation of early termination by the Landlord for the tenant ?
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Re: Early terminate tenancy agreement for hdb whole unit

Post by Strong Eagle » Wed, 15 Sep 2010 7:42 am

lhj131 wrote:Hi i have signed a TA of 12 months to rent out whole hdb flat (approved by hdb), but now i wish to repossess the flat & early terminate the TA. TA is stamped & there is no agents involved in this TA. Can i make use of the following clause in my TA for early termination?

Clause:
To permit persons with authority from the Landlord at all reasonable times by prior appointment to enter and view the premises for the purpose of taking a new tenant during two (2) calender months immediately preceding the termination of the tenancy.
No, that clause merely guarantees you the right to enter the premises to show it.

Personally, I would not allow you to terminate the TA without compensation to me. You'd have to pay me all my moving costs, compensation for the hassle of having to move early, and possible a subsidy if I cannot find equivalent housing at an equivalent price.

You signed a valid contract. The tenant has every right to reject your attempt to throw them out.

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Post by bohemian11 » Tue, 02 Aug 2011 9:11 pm

Hi Strong Eagle,

How much do you have in mind for the "compensation for the hassle of having to move early"?
I'm a tenant and my landlord need to terminate the contract early to sell out the house and he wants me to open the house 2 times a week for buyer viewing.

Thanks.

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Post by JR8 » Tue, 02 Aug 2011 9:46 pm

bohemian11 wrote:Hi Strong Eagle,

How much do you have in mind for the "compensation for the hassle of having to move early"?
I'm a tenant and my landlord need to terminate the contract early to sell out the house and he wants me to open the house 2 times a week for buyer viewing.

Thanks.
StrongEagle is right.

And in your case Bohemian, the starting point for you is that your landlord can go and swing. He has contracted to grant you occupancy rights and he can't just 'change his mind'. Viewings are as contracted in your TA, and you have no obligation to agreee anything else.

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Post by Strong Eagle » Tue, 02 Aug 2011 10:29 pm

bohemian11 wrote:Hi Strong Eagle,

How much do you have in mind for the "compensation for the hassle of having to move early"?
I'm a tenant and my landlord need to terminate the contract early to sell out the house and he wants me to open the house 2 times a week for buyer viewing.

Thanks.
How long is a piece of string? Do you have a good landlord or crappy landlord? Here is what I would ask for:

a) Guarantee in writing that all deposits will be returned in full
b) Guarantee to compensate me up to $500 per month for length of broken lease if similar place costs more.
c) Payment for moving costs (at least part)
d) Cash compensation for screwing with my life... 20 percent of one month's rent.

This is a starting place. Good landlord, cut some slack, bad landlord, double everything and tell him/her to screw off.

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Post by bohemian11 » Wed, 03 Aug 2011 1:09 pm

Hi JR8,

Actually nothing in the contract stated any viewing.
The LL has requested me to open the house on wed/thu around 8-9pm and sat/sun around 2-3pm.
I think if I'm just gonna let him if I happen to be at home and in a happy mood :cool:

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Post by bohemian11 » Wed, 03 Aug 2011 1:17 pm

Hi Strong Eagle,

I still have the contract valid until the end of this year. I actually asked him to extend the contract since I'm pregnant and my due date is near the end of the contract. However since he can't extend the contract then I think it is better for me to leave earlier before my tummy is getting too big.

I don't know how you categories good/bad landlord. If based on the maintenance of the house I think he's good. Everything in the house works perfectly I have no complain at all.
However he often comes to the house to move some of his belongings in the store room or contacts my husband to discuss about the house small issues which I find annoying :D
And obviously since he gives me this problem I have resentment towards him :p

Anyway we've discussed and here's what we've agreed.
1. security deposit and the PUB deposit will be returned.
2. LL will pay me the difference since the new place rental cost me more.
3. 50% of moving cost
4. almost 16-18% of rent for giving me headache to find a new place.
5. No need for me to do AC maintenance which is due on june/july since I'm moving out in 4 weeks.

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Post by JayCee » Wed, 03 Aug 2011 2:16 pm

bohemian11 wrote:However he often comes to the house to move some of his belongings in the store room or contacts my husband to discuss about the house small issues which I find annoying :D
And obviously since he gives me this problem I have resentment towards him :p
Did you check with HDB if he had permission to rent out the flat? This is a common ruse used by landlords who leave one room locked and say that they live there and are only renting out rooms rather than the whole flat, it's illegal I believe
I HAVE MASTERS!

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Post by bohemian11 » Wed, 03 Aug 2011 2:57 pm

Hi JayCee,

He told me everything is settled and the rent is approved.
I never ask him to show me the copy of the letter though.
It doesn't make any difference now since the hdb is approved to be sold anyway :)

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Post by JR8 » Wed, 03 Aug 2011 7:45 pm

bohemian11 wrote:Hi JR8,

Actually nothing in the contract stated any viewing.
The LL has requested me to open the house on wed/thu around 8-9pm and sat/sun around 2-3pm.
I think if I'm just gonna let him if I happen to be at home and in a happy mood :cool:
And if you're not around? .... he has a key remember.

I'd never agree to such generous terms, when they are not even touched ion n the contract. Unless of course you're ok getting potentially mass viewings 4 days a week.

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Post by poodlek » Wed, 03 Aug 2011 9:18 pm

Can I veer off topic a bit and ask what the heck is up with the owner always showing the flat? Are owners constantly looking to sell? In my last flat the owner showed it 3 times in the first few weeks and then promised me "if I don't sell today I'm not selling" but had at least one viewing/month until I left. In three weeks I've had two viewings at my new place. They always ask, but usually only give a couple hours' notice. I don't really care, but I'll be damned if I'm gonna go out of my way to make it look presentable. They're lucky I put on pants :-P

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Post by JR8 » Wed, 03 Aug 2011 9:54 pm

poodlek wrote:Can I veer off topic a bit and ask what the heck is up with the owner always showing the flat? Are owners constantly looking to sell? In my last flat the owner showed it 3 times in the first few weeks and then promised me "if I don't sell today I'm not selling" but had at least one viewing/month until I left. In three weeks I've had two viewings at my new place. They always ask, but usually only give a couple hours' notice. I don't really care, but I'll be damned if I'm gonna go out of my way to make it look presentable. They're lucky I put on pants :-P
And your TA allows for these viewings?

If not why do you allow them?

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Post by poodlek » Wed, 03 Aug 2011 10:24 pm

JR8 wrote:
poodlek wrote:Can I veer off topic a bit and ask what the heck is up with the owner always showing the flat? Are owners constantly looking to sell? In my last flat the owner showed it 3 times in the first few weeks and then promised me "if I don't sell today I'm not selling" but had at least one viewing/month until I left. In three weeks I've had two viewings at my new place. They always ask, but usually only give a couple hours' notice. I don't really care, but I'll be damned if I'm gonna go out of my way to make it look presentable. They're lucky I put on pants :-P
And your TA allows for these viewings?

If not why do you allow them?
I have no idea what my TA allows, I'm not allowed to see it :-|
My husband's employer holds the lease.

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