Landlord & early termination in Tenancy Agreement

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periclesmage
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Landlord & early termination in Tenancy Agreement

Post by periclesmage » Mon, 28 Nov 2011 7:33 am

Hello Singapore Expats!

I need some advice.

Situation: I've recently rented a common room for 12 months. The landlord and I signed a tenancy agreement drawn up by the LL's agent for a period of 12 months with an "early termination of tenancy" clause after a minimum occupation period of 3 months.

I've been staying there for a period of only 6 weeks when the LL's agent SMSed me saying that he (the LL) would like me to move out (early termination) in 3 weeks' time.

The "early termination of tenancy" clause reads: Both Tenant & Landlord can give ONE month(s) notice for early termination of Tenancy after a minimum occupation period of Three month(s). In this case, the deposit shall be refundable less deductions for damages caused by the Tenant.

Question: Given that the landlord wants to break the terms of the TA, what compensation/just recompense can I ask for e.g. security deposit + 1 month's rental + Mover's fees? Should I seek legal action? After all, i've been a model tenant and i've not violated any terms of the TA.

Please help!

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x9200
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Post by x9200 » Mon, 28 Nov 2011 8:50 am

I would demand:
- full coverage of your relocation expenses
- full coverage of the difference in rent between the current and your new place (if the later more expensive) for the remaining lease period. This include staying in a hotel if you won't manage to find anything reasonable in 3 weeks (of course you have to be reasonable).
- a compensation if you would need to travel longer (i.e. to/from work).
- a compensation for all the other less tangible expenses related to the contract violation (your stress, time wasted etc.) - equivalent of one month of rent would seem fair if you are a single (not with a family).

Start with this and if they don't change their minds threaten to sue them in SCT.

periclesmage
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Thanks x9200!

Post by periclesmage » Mon, 28 Nov 2011 8:54 am

Thanks x9200!

I'll definitely lodge a complaint with the SCT if they don't agree to my demands :D

Looks like i'm well within my rights under the TA to demand compensation beyond my security deposit

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Post by x9200 » Mon, 28 Nov 2011 9:31 am

It is not necessarily that you will get all this in SCT but at least the LL and the agent should get a clear message that you know what are the possible components contributing to the damage / compensation.

periclesmage
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Post by periclesmage » Mon, 28 Nov 2011 10:13 am

i see. Thanks again x9200.

Is there any legal document you can point me to for my rights/components contributing to compensation?

Thanks in advance :)

Wish i could give you props

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Post by x9200 » Mon, 28 Nov 2011 12:21 pm

I will not give you any precise reference to any legal document except that this is covered under general civil law statues and the contract law, but the basic principle is always that the party violating the contract is responsible for paying the damages this violation results. Assuming you act reasonably all I mentioned are fair demands. The only arguable things may be IMO the difference in the rental for the period exceeding the lawful termination of the contract, the compensation amount for the intangible damages and the relocation expenses to be prorated taking into account the period of 9 weeks but all the mentioned components should hold.

periclesmage
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Just an update

Post by periclesmage » Sat, 03 Dec 2011 9:19 am

Can't really give much details as it might be going to court.

Anyway, since the last post, the ll was verbally abusive, threw out our foodstuffs and entered our room without permission... :x :mad:

We've since moved out, though our belongings were left behind (which we will engage Movers to transfer to our new lodgings, and we're looking for legal advice on whether we should go to the SCT or straight to court :?

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carteki
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Re: Just an update

Post by carteki » Sat, 03 Dec 2011 12:15 pm

periclesmage wrote:Anyway, since the last post, the ll was verbally abusive, threw out our foodstuffs and entered our room without permission... :x :mad:
Okay, so you're not renting the whole unit.

periclesmage
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Re: Just an update

Post by periclesmage » Sat, 03 Dec 2011 3:00 pm

carteki wrote:
periclesmage wrote:Anyway, since the last post, the ll was verbally abusive, threw out our foodstuffs and entered our room without permission... :x :mad:
Okay, so you're not renting the whole unit.
Umm... i already mentioned that in the very first post... :o

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sanjivvohra
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Post by sanjivvohra » Sun, 18 Dec 2011 7:28 pm

So how did the whole episode play out? Very interesting since we were told that the TA is the bedrock of the rental game.....
Sanjiv

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