Renewal of tenancy agreement w/out involve an agent?

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puzzleme
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Renewal of tenancy agreement w/out involve an agent?

Post by puzzleme » Sat, 02 Apr 2011 6:25 pm

:???:

Hi there,

need some advise : hav been rent a room in the HDB premises for a year through an agent

(fyi the contract is expired - & renewal need to be done) d contract stated:
" In the event that the LL should grant the tenant an extension of the said term herein then the LL & tenant shall PAY the agency renewal commision of half month & GST for EVERY 1 year or less period of extension of lease."

both LL n myself were not comfortable when d agent shown up after a yr to come n collect the commision by saying represent us to arrange the renewal tenancy agreement.

1. Any suggestion to stop the room with a tie with this agent?
2. Can LL n tenant go for HDB directly without an agent (steps + procedure please)
3. Can LL n tenant do their stamping without an agent (steps + procedure please)
4. Can the LL wrote a letter stating that he no longer engage this agent??
5. shall the tenant left the premises, then can end this contract

so confuse, d expiry of the contract is 28 March, now is 1 April
in order not bind by the law, the agent said it's the law..

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vozzie
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Post by vozzie » Mon, 04 Apr 2011 10:19 am

I have a question for you ....

If your Contract said that the Agent shall provide you with one free taxi ride to the city per month, would you expect the Agent to honour that?

If your answer is Yes ... then you have answered your own question.

x9200
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Post by x9200 » Mon, 04 Apr 2011 11:55 am

Well, it depends vozzie and your analogy may not be that good. We had such clause in one of our TAs (not for the private rental though) and we assumed that if the agent wants this money he has to earn it. First step to do this would be on his side to take care of the extension procedure at the time it was due (typically requires like 3 months prior notice to the LL). He failed to initiate anything here and only 1 month before the end of the lease he contacted us. We responded with thank you, but you missed the deadline and you are not longer needed. And this was it. We did not pay this extra commission and nobody tried to chase after us.
If he did not neglect what I considered his duties I think he should have been actually paid.

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Post by beppi » Mon, 04 Apr 2011 6:43 pm

It is illegal for an agent to charge BOTH LL and tenant - they can only charge ONE of the two parties and it MUST be the one who engaged the agent.

So:
- if your agreement means that both LL and you needs to pay it is null and void - you don't need to pay anything.
- if your LL engaged the agent you have nothing to do with the matter - you don't need to pay anything.

In addition, an agent is only allowed to practice if licensed by the authorities.
If yours doesn't even know these rules, he/she probably isn't - and then you don't need to pay anything.

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Post by x9200 » Mon, 04 Apr 2011 8:03 pm

The new law is less than 1yr old. If the TA was signed under the old law these points are valid.

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JR8
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Post by JR8 » Mon, 04 Apr 2011 8:10 pm

beppi wrote:It is illegal for an agent to charge BOTH LL and tenant - they can only charge ONE of the two parties and it MUST be the one who engaged the agent.

So:
- if your agreement means that both LL and you needs to pay it is null and void - you don't need to pay anything.
- if your LL engaged the agent you have nothing to do with the matter - you don't need to pay anything.

In addition, an agent is only allowed to practice if licensed by the authorities.
If yours doesn't even know these rules, he/she probably isn't - and then you don't need to pay anything.
It sounds as if this is right. In any case the original lease clause is junk... 'landlord and tenant pay commission of half month' ... half month of what? In what proportions?

Sounds like an 'agent' with a DIY agreement. Anyway as Beppi says, the issue lies with the one tied to the agent with a contract... likely the owner not the tenant.

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Post by BillyB » Mon, 04 Apr 2011 9:03 pm

beppi wrote:It is illegal for an agent to charge BOTH LL and tenant - they can only charge ONE of the two parties and it MUST be the one who engaged the agent.

So:
- if your agreement means that both LL and you needs to pay it is null and void - you don't need to pay anything.
- if your LL engaged the agent you have nothing to do with the matter - you don't need to pay anything.

In addition, an agent is only allowed to practice if licensed by the authorities.
If yours doesn't even know these rules, he/she probably isn't - and then you don't need to pay anything.
Is this definitely correct? My agent charged me 0.5 months rental (1 year contract) - my company paid the bill - and he also billed the landlady too, to the tune of 1 full months rental.

Is he a sneaky little tw*t who has pulled a fast one?

I'm actually really unclear as to what the common practice is with this. There have been quite a few contrasting answers on this forum.

I'm also looking to either renew my existing tenancy in June for another year or find somewhere else. What's the score with paying the agent fees in both scenarios?

Apologies to the OP for a semi-hijack here.....

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Post by ecureilx » Mon, 04 Apr 2011 10:12 pm

BillyB wrote: I'm actually really unclear as to what the common practice is with this. There have been quite a few contrasting answers on this forum.
common practice was both the landlord and agent fork out one month of the rental as commission - sometimes, the agent gets half month from the tenant + one month from the LL

The law was changed to stop this unhealthy practice of agents fleecing the tenants and the LL, and they can't represent both parties, effectively stopping them from taking both sides, and also if they engage another agent of course he/she too has to pay his 'group' commissions, and it becomes worthless.

THough some sneaky agent may find a way out of this new law soon ..

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Post by Saint » Tue, 05 Apr 2011 11:28 am

BillyB wrote: Is this definitely correct? My agent charged me 0.5 months rental (1 year contract) - my company paid the bill - and he also billed the landlady too, to the tune of 1 full months rental.

Is he a sneaky little tw*t who has pulled a fast one?

I'm actually really unclear as to what the common practice is with this. There have been quite a few contrasting answers on this forum.

I'm also looking to either renew my existing tenancy in June for another year or find somewhere else. What's the score with paying the agent fees in both scenarios?

Apologies to the OP for a semi-hijack here.....
Some interesting reading for you,

http://www.cea.gov.sg/cea/content/consu ... thics.html

"In addition to the requirements set out in the Code, the Estate Agents (Estate Agency Work) Regulations 2010 will prohibit dual representation by salespersons (i.e. no salesperson is allowed to act for both buyer & seller or landlord & tenant in any property transaction), and prohibit estate agents and salespersons from handling cash in certain transactions or referring their clients to any moneylender. Starting from 1 January 2011 estate agents will also need to use prescribed estate agency agreement/s with their clients for the sale, purchase or lease of residential property in Singapore."

http://www.cea.gov.sg/cea/content/resou ... ement.html

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JR8
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Post by JR8 » Tue, 05 Apr 2011 4:17 pm

Saint wrote: Some interesting reading for you,

http://www.cea.gov.sg/cea/content/consu ... thics.html

"In addition to the requirements set out in the Code, the Estate Agents (Estate Agency Work) Regulations 2010 will prohibit dual representation by salespersons (i.e. no salesperson is allowed to act for both buyer & seller or landlord & tenant in any property transaction), and prohibit estate agents and salespersons from handling cash in certain transactions or referring their clients to any moneylender. Starting from 1 January 2011 estate agents will also need to use prescribed estate agency agreement/s with their clients for the sale, purchase or lease of residential property in Singapore."

http://www.cea.gov.sg/cea/content/resou ... ement.html
What is apparent is that they set out that if either the landlord or tenant have a dispute with their respective agents, that with agreements dated from 1 January 2011 onwards, the first step to resolution is the CEA mediation scheme. They even have a helpline. If only there was such a standard agreement between landlord and tenant!
----------------------------------------------------------------------------------------------------

Q34. How do I lodge a complaint to CEA?
A34. You may lodge your complaint to CEA in the following ways:

a) In Writing

You can download a copy of the Complaint Form and send the completed form together with the relevant supporting documents to us via mail/email.

Council for Estate Agencies
Licensing Department
490 Lorong 6, Toa Payoh
#05-10, HDB Hub Biz 3 (Lift Lobby 1)
Singapore 310490

Email: feedback@cea.gov.sg

b) In Person

You may also lodge your complaint in person at our office during our office hours.
Office Hours
Monday to Friday 8:30am to 5:00pm
Saturday, Sunday & Public Holidays Closed

c) By Telephone

You may call our toll-free hotline at 1800 643 2555. Your call will be attended to by our Customer Service Officer during office hours. If the line is busy or your call is made outside office hours, please leave your name, contact number and message in our voicemail system and we will get in touch with you as soon as possible.

Office Hours
Monday to Friday 8:30am to 5:00pm
Saturday, Sunday & Public Holidays Closed

d) By Email

You may also email your feedback or enquiry to us at feedback@cea.gov.sg.

--------------------------------------------------------------------------------------------------------------

p.s. This question from the FAQ caught my attention!?
Q36. There have been reports of flat owners claiming that they were misled by salespersons into selling their flats and ended up staying on beaches. How will CEA deal with this issue?

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