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'Diplomatic clause' - can anyone request one, or only expats

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'Diplomatic clause' - can anyone request one, or only expats

Post by JR8 » Tue, 06 Mar 2012 9:51 pm

Can locals renting also request diplomatic clauses, or is it only considered for expats?

Perhaps the name is misleading and it might be better known as a 'break clause'.

Don't know!

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Post by sundaymorningstaple » Tue, 06 Mar 2012 9:59 pm

In Singapore, the Dip Clause is only for foreigners who, because of circumstances beyond their control, are being sent packing by their company, e.g., being transferred back to the states. Technically, a LL can sue if one uses a dip clause to break the lease and doesn't leave Singapore. In fact, in or to invoke the clause, it is usually necessary to produce documentary proof that your employer is repatriating you back to your country.
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers

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Post by beppi » Tue, 06 Mar 2012 10:03 pm

I think you are free to put any clause that both landlord and tenant agree on into a tenancy agreement. There is, as far as I see, no reason why a "you can terminate if you're sent overseas" should not be o.k.

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Post by JR8 » Tue, 06 Mar 2012 10:05 pm

'Your country'?

Interesting. So it wouldn't apply if you (expat) were being posted to a 3rd country. Or to a SGn being posted out to a second country?

Presumably this comes down to market practice rather than law?

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Post by JR8 » Tue, 06 Mar 2012 10:07 pm

beppi wrote:I think you are free to put any clause that both landlord and tenant agree on into a tenancy agreement. There is, as far as I see, no reason why a "you can terminate if you're sent overseas" should not be o.k.
Yeah... I was wondering as the wife's immediate response when discussing this this w/e was we aren't entitled to a Dip Clause, as she is local.

p.s. Note: she does not know this as fact, it was just her er.... 'gut response'

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Post by sundaymorningstaple » Tue, 06 Mar 2012 11:11 pm

In your case, and I'm assuming you are talking theoretically here, I believe, in Singapore, you could in fact, evoke a Dip Clause as Singapore is fundamentally a Patriarchal Society and most laws here will reflect that stance except where the women's charter had gotten their way. It is presumed that the wife will follow the husband an not the other way around.

Sorry about my poor choice of words earlier. I didn't really mean to the country of origin but a transfer by the employer to another country OR being repatriated due to no more job/position/employment Pass (this may well happen with greater frequency in the coming months as those on two year passes come up for renewal.
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Post by JR8 » Wed, 07 Mar 2012 1:04 am

Ok got you, thanks.

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Post by x9200 » Wed, 07 Mar 2012 7:26 am

I don't see any reason why such clause should be invalid. What parties agree is valid unless some of the statues (the law) makes it specifically invalid. Maybe there is one but I have never heard about it and would be very surprised if it exists.
There are many cases of circumstances beyond control that are real but never find their way to the TAs so IMHO this is not a governing factor here.

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