Break lease early help

[Kiwicouple]

We are paying premium rent for an inner city apartment.
We have been here for 10months & for the past 4 months a new building site has been causing us huge issues.

The site is attached to a shopping mall and works 24/7 days a week + does all of their heavy loading at nights illegally between 1am - 4am.

We have done everything we can, documented it, met with the Project Management team onsite, called the NEA countlessly, gone to site each night etc. Its really ruining our lives.

We approached the landlord for either a rent reduction or our lease to be shortened to 1 year from 2 (which is 2 months from now) as this was not what we signed up for. Unfortunately we do not have a construction clause in our lease.

The landlord says she doesn't see that we have a right to break lease but if so we must pay the agent free pro-rata for 12 months unpaid rent and is not agreeing to a rental reduction.

We are so frustrated and annoyed we feel its so unfair that we now have to pay a ridiculous fee and must use an agent to re-let the property when we can re-let this ourselves?

Does anyone have a suggestion or idea of how we could resolve this without it costing us a fortune? We are so unsure of our legal rights.

[sundaymorningstaple]

You have no legal rights except for what is in the lease. If there is no construction clause there is nothing you can do about it. You didn't notice that the ground was being prepared for construction when you looked at the property?

I'm afraid they have you over a barrel and it's going to cost you.....

Lesson learned......make sure there is no vacant land around you and/or check if there is to ensure it isn't slated for a project start up.

[Kiwicouple]

We have another construction site which isn't an issue this one is as they are illegally working because it is part of the Plaza Singapoura refurb which there was no sign of at all before we moved in.

It was impossible for us to know they had plans of extending and major works which they would do at crazy times of the early morning.

I'm more interested whether there is a exit clause if illegal works are being performed? In most countries there are legal loopholes.
Reality is the works are going to keep happening illegally for the next year.

[bluenose]

Singapore is all about making money and the ones making the money are usually protected!

[Kiwicouple]

I'm not the type of person that gives up easily but in this case I don't think there are really any options but to pay up and get out.

[Mi Amigo]

I think you need to be a little careful about making assertions of illegality, as you could leave yourself open to a libel and/or defamation suit. Are you saying that the work at Plaza Singapura is being undertaken without the proper procedures being followed? It seems unlikely to me that such a thing would occur, especially at a high-visibility location like that. I'm not sure that those carrying out the work would have had any duty to notify the tenants at neighbouring residential properties either. Don't get me wrong - I sympathise with your situation, but from what I've read so far I'm doubtful that you will be able to secure an early release from your tenancy without financial penalty.

[Kiwicouple]

I'm not going to name the actual party involved - let's just say it is near there, not exactly Plaza Sing. What I mean is breaking regulations but again I am unsure as to how these are enforced here. My husband is a Project Manager so we have done our research and not only that we have met with their PM and they have admitted it's easier for them to pay a fine and do the works.
As they don't want to lose trade near that location during the day and can not close the road they choose to close it between 1am - 4am erect cranes etc and they have even sent me emails confirming this.

I think zoning is an issue for our area considering how close the commercial premises are. I would never choose a property that is so close to a commercial building again. The regulations have changed recently too so perhaps this will see a minor change:
http://app2.nea.gov.sg/topics_noise.aspx

Yes I agree are hands are tied. Live, learn and move on wiser I think may be our best solution and find a location with no construction works though I don't know if that is even possible here!

[zzm9980]

The landlord says she doesn't see that we have a right to break lease but if so we must pay the agent free pro-rata for 12 months unpaid rent and is not agreeing to a rental reduction.

So let me understand this, because I might have misunderstood. Your agent said you could break the lease (which I'm assuming is for two years) by just paying the unused portion of the agent's fee for the remainder of your lease?

If so, that sounds incredibly fair to me. That's what, 50% of one month's rent?

I'm more interested whether there is a exit clause if illegal works are being performed? In most countries there are legal loopholes.

In Singapore you will find there are almost no protections outside of what is in your lease. Same applies for employment contracts.

This thread has some thoughts on breaking the TA without the clause, but they're legally untested:
http://forum.singaporeexpats.com/ftopic ... reasonable
I wouldn't personally recommend testing it either if my understanding above about the agent's fee is correct.

[JR8]

The landlord says she doesn't see that we have a right to break lease but if so we must pay the agent free pro-rata for 12 months unpaid rent and is not agreeing to a rental reduction.

So let me understand this, because I might have misunderstood. Your agent said you could break the lease (which I'm assuming is for two years) by just paying the unused portion of the agent's fee for the remainder of your lease?

If so, that sounds incredibly fair to me. That's what, 50% of one month's rent?

That was my question too. I can't clearly see what the proposed break terms are...

[Kiwicouple]

Thanks everyone for your suggestions! Have a great weekend.

[zzm9980]

The landlord says she doesn't see that we have a right to break lease but if so we must pay the agent free pro-rata for 12 months unpaid rent and is not agreeing to a rental reduction.

So let me understand this, because I might have misunderstood. Your agent said you could break the lease (which I'm assuming is for two years) by just paying the unused portion of the agent's fee for the remainder of your lease?

If so, that sounds incredibly fair to me. That's what, 50% of one month's rent?

That was my question too. I can't clearly see what the proposed break terms are...

Looks like the OP intentionally ignored the question, so I suspect I was right. Sounds like she has one of the nicest landlords in Singapore. LL must be a foreigner

[JR8]

Looks like the OP intentionally ignored the question, so I suspect I was right. Sounds like she has one of the nicest landlords in Singapore. LL must be a foreigner

If the LL has allowed her to break a year early with compo of just 2 weeks rent for the agents fee (a fee the LL has paid, and will have to pay again on the relet covering her 2nd year) then holy-schmoly she has no idea how lucky she is!

[zzm9980]

Looks like the OP intentionally ignored the question, so I suspect I was right. Sounds like she has one of the nicest landlords in Singapore. LL must be a foreigner

If the LL has allowed her to break a year early with compo of just 2 weeks rent for the agents fee (a fee the LL has paid, and will have to pay again on the relet covering her 2nd year) then holy-schmoly she has no idea how lucky she is!

Yeah. The tone of the original post though makes though; it's not like the landlord is the one out there with a jackhammer. I mean, you move into the heart of one of the densest cities in the world, what do you expect? It reminds me of where I grew up in Chicago, there were constant protests from the people who lived around O'Hare airport against increased flights and the noise they brought. Really? You buy a (much lower priced) house next to one of the top5 busiest airports in the world, and did you expect it to get quieter over time?

Anyway, I hope I'm really wrong and the OP comes back to clarify for us.

[nutnut]

If it's just bad typing (it seems to be bad typing) then I think the OP will need to pay the full first year and 2 months of the 2nd year and pro rated agent fee, that would suck.

How about getting some ear plugs from Daiso, only $2, see if it fixes the issue.

If it's as the others suspect then you are getting out VERY easy!

[Mad Scientist]

I sympathize with OP as I can understand their frustration. If they are from Kiwiland then where they are coming from is acceptable. Having lived here for almost a year and half and counting. Human Rights and Rights of Tenants among many other things is upmost important to Kiwis. If this is in NZ, the local board will be taken to task and even the Tenancy Tribunal will get involve. Sad to say this is SG and tenants do not have much rights.
Lesson learned and move on is all I can advice OP.