Draft copy of tenant exit notice invoking diplomatic clause

[slazenger]

Dear Expat forumers

I am an expat based in Singapore and my role was terminated recent at the firm and I am returning to my home country. I will complete 12 months of tenancy as well by end of Dec. My 2 year tenancy agreement has a diplomatic clause and I intend to exercise it.

I am looking for a draft copy of the such a notice, which is to be issued in writing to the landlord.

Would great appreciate if someone can point me to a copy of such a notice or send me one

Thanks.

[Wd40]

Read your tenancy agreement again, but I am afraid, the diplomatic clause can be invoked only after completing 12 months and then 2 months notice. So you need to stay until Feb end.

[slazenger]

Appreciate the prompt reply.

Yes, we have read the tenancy agreement. We will be paying two months rent till Feb end, i.e. so we will have possession of the apartment till completion of the notice period at Feb-end.

My question: i'd like to see a copy of such a notice to get the wording right.

Thanks

[JR8]

I don't know if there is a standard wording.

----------------
date xx/yy/zz

With reference to the tenancy agreement dd. xx/yy/zz of xyz property, between

a) landlord abc etc

b) tenant xyz etc

Per the above referenced Tenancy Agreement I/we hereby give the required x months notice to terminate the tenancy by means of the Diplomatic Clause. The Grounds being cessation of employment and departure from the country.

Kindly confirm receipt of this Notice.'
----------------------------

The above is just a starting point for consideration/finer tuning. (And I'm a landlord, and not a lawyer, ok )

If the landlord is someone you get on at all with you could consider writing a covering note with your 'tale of woe', and the above (refined version) as an attachment as legal back-up.

[slazenger]

Thank you, this gives me a sense.

Appreciate your being a landlord and posting.

[JR8]

Appreciate your being a landlord and posting.

Believe it or not most of us landlords are decent people, who want to provide good quality homes, to happy tenants, on fair terms.

Sadly, most people only get to hear the horror stories re: landlording


p.s. Would it surprise you to hear that maybe only 1/20 of my tenants have ever let me down, or a tenancy has ended in any form of dispute?

As I get older, I find the less 'up-tight' I get about land-lording, the easier it gets. That doesn't mean cutting the tenants slack above laws/requirements, it's more about having goodwill and faith in them.

[slazenger]

Yep, I think a small percentage of bad cases (tenant or landlord) spillover into the market sentiment the way bad news makes good copy in journalism, and then more people get edgy.

I got one supplementary for the forum I thought I will ask you:

When the notice is sent, two financial bits are involved

1. Payment of rent during the 2 months of the notice period.
2. Payment of reimbursement to the landlord on the agent commission which comes to 10/24 of the landlord's commission to their agent.

In the meantime the landlord has the 2 month rental security deposit.

Should we offer in the notice to forfeit security deposit in lieu of 2 months rent, and pay only the reimbursement part alone, or should we pay the two months rent out till end of the 12+2 period, and let the landlord cut the reimbursement from the deposit and refund the balance amount to us?

I wanted to understand whether there is any convention in this. The apartment is very well maintained and clean, nothing to worry when we hand it back actually.

[JR8]

When the notice is sent, two financial bits are involved

1. Payment of rent during the 2 months of the notice period.
2. Payment of reimbursement to the landlord on the agent commission which comes to 10/24 of the landlord's commission to their agent.

In the meantime the landlord has the 2 month rental security deposit.

Should we offer in the notice to forfeit security deposit in lieu of 2 months rent, and pay only the reimbursement part alone, or should we pay the two months rent out till end of the 12+2 period, and let the landlord cut the reimbursement from the deposit and refund the balance amount to us?

I wanted to understand whether there is any convention in this. The apartment is very well maintained and clean, nothing to worry when we hand it back actually.

You are legally contracted to pay rent until the end of the term, unless the landlord (unlikely) releases you from that that obligation.

If/when the landlord returns your deposit is a separate matter.

A tenants claim of 'It's totally clean, it's immaculate, better than when we moved in in fact etc', can be a landlord's worst nightmare. Relative perceptions...

[slazenger]

Noted, this makes it clearer.

Sorry to press this further, but there is a unique situation here and hence another question --

We are in a situation where we are having to leave the country by mid Dec. (My wife is pregnant, deliver will be in home country etc).

12+2 period expires only on 5 March. 12 months expires on 5 Jan.

We would prefer to HANDOVER the apartment and keys to the landlord anyway by mid-Dec anyway, after doing an apartment walk through and noting down whatever IF ANY are costs (I don't expect ANY). I.e. legal handoff. We are anyway going to pay the 2 months rent for Jan and Feb and the landlord's agents commission reimbursement anyway.

This is why we were wondering whether we can ask for handover of apartment in mid-Dec, after walk through and sign off, and then settle dues against the 2 month security deposit.

What do you think?

[JR8]

Try and remain focused on what is relevant to the matter at hand. It’s wonderful that your wife is expecting, but with the best will in the world I can’t see that it alters your legal obligations re: your tenancy.

From what you say (and I don’t know for sure, as I have not read your lease/TA), you generally can only give notice, of 2 months, at/after 12 months of the tenancy has passed, i.e. 12+2. Term expires 5 March 2014.

You are seeking, potentially, to break at 12 months, with no notice, i.e. Term expires 5 January 2014.

Ideally you’d like to leave mid-December, i.e. after 11 months. Have a ‘inventory check-out’, and sew things up there and then, pay two months rent in lieu of notice. But you should be aware that a tenant quitting in mid-Dec is about as bad as it could get for a landlord, so the tide is very much against you on this. As no one flat-hunts between Dec and say Feb. So he is looking at a major void period, and he’ll regard it as YOUR fault.

Also would you not be on the hook for an additional 3 months? i.e. 12+2-11?

You’re in pretty uncharted waters. The landlord has you on the legal hook for your entire contractual obligation. There is no reason at all for him to allow flexibility, or show goodwill. That was why I asked earlier if you knew the landlord, or had any goodwill with him.

I expect this isn’t what you wanted to hear, but after you read and digest it, let me/us know what you think.

[slazenger]

Thank you for the replies and support with insight. I know this is coming very late. We sorted this out with the landlord on a 14 month payment, and yes we are paying the two months part of 14 months in advance to finish the legal transaction and then getting the security deposit back after adjustments. So it worked out that way.

Best wishes