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Tenancy issue

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taxico
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Location: Existential dilemma!

Postby taxico » Sat, 14 Dec 2013 1:22 pm

i think i wasn't clear because the laws have been amended - duty no long needs to be paid on duplicate copies (since 2011).

so stamp duty needs to be paid only once, but usually a duplicate has to be provided to the LL.

landlords in singapore don't have to pay stamp duties on the TA (usually). so if the LL didn't stamp it... it falls upon the OP... especially if it wasn't stated as such in the TA.

lalitpct
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Joined: Mon, 09 Dec 2013

Re: tenancy issue

Postby lalitpct » Wed, 19 Feb 2014 1:33 pm

JR8 wrote:
lalitpct wrote:3)In the new house I got stamp duty letter from the agent which was some 100 sgd on inland revenue letter head , That letter I didnt get from previos house . So I suspect he didnt register in HDB although I am not sure on this.
May be he did and didnt gave it to me .
The reason I doubt is because in the new house that was paid by me, so obviously previous owner wont be so generous that he will pay from his pocket.

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You can a search (using the box above-right, on 'landlord deposit') and read topics where people before have been through similar problems to your own.

Re: your point 3 above, read here ... http://www.iras.gov.sg/irashome/page04.aspx?id=8568

Now I don't know, but I'd imagine that if you have to pay a tax, via someone acting on your behalf, that you should expect to receive back proof from them that is has been paid. For example when we've rented here, the agent sends us a copy of the TA with the duty stamps on it.

Importantly, for a tenancy agreement to be admissible as evidence in court, it needs to be stamped. No stamps? - you can't use the TA as evidence in court (it effectively doesn't legally exist - so you can't argue a case!)

This could be a stick to beat your deposit out of the landlord with.
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'Kindly return $x [reasonable sum] of my deposit within 28 days via cheque to xyz name/address, otherwise regrettably I will have no choice but to take professional advice on this matter.

If you decline to return my deposit, could you advise whether stamp duty was paid to IRAS, as I don't seem to have ever received a copy of the stamped Tenancy Agreement from you. And also whether the tenancy was registered with the HDB.

I'm sure this is all a simple misunderstanding, and I look forward to being able to resolve this amicably and informally between ourselves'.

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- Keep it courteous, un-emotional, non-confrontational* > proceed calmly and politely but make it obvious you are carrying a very big stick.
- Give him a clear, defined, reasonable, and simple exit-way out. Don't cause him to think he's losing face, but suggest he has perhaps made an innocent mistake.
- Be reasonable and accurate in the sum required, and date by when.


* In 'The West' you'd intentionally go in with absolutely all-guns-blazing a la Pearl Harbour, 'Shock and awe' :). The intention being to intimidate the target into immediate submission. But that approach does not work with Asian landlords who will just totally clam-up on you if you cause them to lose face.

Let us know how it goes!

p.s. For the sake of $2.24 send your letter via Registered Post. That can help jolt people into realising that things are not casual despite your politeness, but already potentially most serious.

Final thought: If a landlord makes deductions from a tenancy deposit on the basis of damage, it is reasonable for him to have to evidence how the cost of that damage and deduction has been arrived at. i.e. he can't say you broke the bath and I had to replace it, and it cost $x, without sending you a copy of the bill for $x. So request to see a copy of such bills.


Thanks a lot sir for your wonderful advice


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