Suggested Ammendment to Rental contracts

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cdxpat
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Suggested Ammendment to Rental contracts

Post by cdxpat » Sat, 24 Mar 2012 11:13 am

I rent a new condominium near Dakota MRT. The owner is apparently desperately trying to sell this unit. There are now several viewings per week taking place and this has been going on for a couple of months. I am wondering why I am paying nearly 5K per month to look after what is fast becoming an open house and there are the obvious security concerns that come from having multiple strangers walking around my home.

The problem of course lies in the rental agreement which says you have to provide reasonable access should the owner wish to sell the property. There seems to be some difference of opinion in the definition of reasonable. Apparently reasonable in the Singapore real estate business means the right to show 100 different people this condominium on the basis that we may be lucky enough to find the sucker who is willing to pay the stupid price that we are asking for.

I have just written to my owner proposing that for future visits there will be an apartment preparation fee of S$200 Singapore dollars per visit which will be deducted from the rent. This seems reasonable to me.

I would suggest if you are looking at renting a property you might consider crossing out the clause that basically allows them to come and go and show as many people as they want, and insert a clause that says reasonable access will be arranged but there will be a fee.

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JR8
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Post by JR8 » Sat, 24 Mar 2012 11:21 am

I'd be interested to hear how he responds to that.

Please do keep us updated!

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zzm9980
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Post by zzm9980 » Sat, 24 Mar 2012 12:01 pm

Out of curiosity, what are the specs on the condo and how much is he asking?

I'm mostly curious if it's a really good deal and thats why you have such high foot traffic, or what. I'm not looking to also come to your place :)


I'm also not so sure such a high charge is reasonable. But perhaps suggest a specific day and time-slot? Say Sundays 1-4pm. This was generally the norm back in the US, unless it was someone coming back for a follow-up who was serious about the property.

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Post by x9200 » Sat, 24 Mar 2012 1:19 pm

cdxpat, look through your TA and surely you will see a clause saying you have a right to peacefully enjoy the premises (or similarly worded). Few visits a week for a couple of month is far from this without the slightests doubt so no need to consider what is reasonable during the sell and what is not.

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Re: Suggested Ammendment to Rental contracts

Post by teck21 » Sat, 24 Mar 2012 11:29 pm

cdxpat wrote:I would suggest if you are looking at renting a property you might consider crossing out the clause that basically allows them to come and go and show as many people as they want, and insert a clause that says reasonable access will be arranged but there will be a fee.
Does not resolve the issue of what constitutes reasonable. A clause that no landlord will agree to, and rightfully so.

If the inspections are really unreasonable as you perceive them to be, inform your landlord that he is breaching your agreement by not allowing you peaceful enjoyment of your premises. I'm sure the clause does exist in your agreement.

He is therefore in breach of the agreement, and you are going to vacate the premises asap and he will be fully liable for all your relocation costs.

Better to do as zzm suggested first though, try to come to some kind of arrangement on when potential buyers are permitted to view. Or at the very least, pretend to do so!

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Post by nakatago » Sat, 24 Mar 2012 11:57 pm

We had a similar thing we did for our flat. Thing was, we never finish our leases because the landlords keep asking us to move out, only giving back a pro-rated agent's fee or "helping out to find a new flat." So, we persistently asked the landlord to agree to give us better compensation if they're the ones who'll prematurely end the lease. Usually, it's only the tenants who have a clear consequence of what to do if they end the lease. They eventually agreed to give us a inconvenience fee if they end the lease prematurely.

Even if it's not the usual practice, and if done with tact and diplomacy, you can persuade the landlord's side to agree what is "reasonable." It will not hurt to insist that things be stated in objective terms.
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Post by macaroonie » Sun, 25 Mar 2012 8:40 am

Can a landlord actually ask you to move out before the final day on your lease if he/she is not selling the place? I was asked to leave early and i said i will do so if they paid me, i worked out a daily rate and they agreed. It's not impossible, so definitely go for it! 100 people at a time is not reasonable at all!

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Post by curiousgeorge » Sun, 25 Mar 2012 10:29 am

macaroonie wrote:Can a landlord actually ask you to move out before the final day on your lease if he/she is not selling the place? I was asked to leave early and i said i will do so if they paid me, i worked out a daily rate and they agreed. It's not impossible, so definitely go for it! 100 people at a time is not reasonable at all!
Your landlord can ask, but you are not obliged to move out early on any tenancy (if you kept to the conditions), even if you landlord sells to another person. The tenancy is part of the sale. What is known as a "sitting tenant".

Your new landlord can also ask...but you are still not obliged. Don't move if you don't want to.

On the other hand, telling them that you will need the deposit returned in full before you move (to afford the next place), and some $$$ towards Movers (coz you are moving early) might be a good bargaining chip ;)

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Post by indodave » Tue, 27 Mar 2012 7:41 pm

Keep us posted on this. I cant really see them agreeing to $200 per visit, but it will certainly be interesting to hear what their response is.

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Post by shonaho » Fri, 06 Apr 2012 8:04 am

I agree this is a gray area, that is why communication between the landlord and tenant is very important. Many a times, the viewings are arranged by the landlord's agents, so if you can just give strict instructions to the landlord's agents that you would prefer the viewings only on Sat 2-5pm every week, then the agents will know how to make the arrangements, instead of as and when, they keep calling you and asking if a specific time is possible.

Well, it is also your beck and call isnt it? If you say, no one is free to be home for the viewing, what can the landlord or agent say??

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Follow up.

Post by cdxpat » Tue, 29 May 2012 10:07 am

Sorry been busy and didn't follow up.

We agreed to a viewing slot on Sundays and a fee for any other time. No kids and no dogs. I agreed to make an exception for one valuation visit because valuers only work on weekdays. To be fair to them they got a lot more pleasant in their requests after I blew up. In the last month of the lease I offered 1 Sunday and 1 evening which isn't needed because they've sold to someone who wants to live in it.

In the end they showed 54 groups or couples around. Most times there is the agent, the other agent and at least two people with usually the whole family. Then there are the calls from the agent telling me not to speak to other agents, and the calls from other agents telling me that they have the permission of the owner to view.

It actually sold for the three year ago "new" price I understand so maybe the boom has come to an end.

I've never met or spoken to the owner because he lives overseas without phone number or email. I will avoid this in the future because I've always had a decent relationship with owners in the past but since the agent blamed him for everything I'm sure they are blaming me as well.

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Post by JR8 » Wed, 30 May 2012 6:35 pm

Very useful feedback!

I'm glad you were able to get your landlord/agent relatively 'onside'.

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