Singapore Real Estate Law : Singapore is a top MNC and regional HQ centre and many people rent residential properties in Singapore from Singapore property owners. This article highlights 5 common legal issues that you should note if you are a tenant when negotiating a tenancy with a landlord.
#1: Diplomatic Clause
Most residential tenancies have a clause which allows a foreign tenant to terminate the contract early if he has to return home. Usually this clause can only be exercised by the tenant after one year into the tenancy term. As a landlord if the tenant is not an overseas person, then this clause should not be inserted into the tenancy.
#2: Exact Scope of the Area under lease
There was a newspaper article which highlighted that there was a lease agreement entered into in Australia. The area under the lease was only the house and as a result the landlord pitched his tent in the garden outside the house.
Some condominium units have included in the area under lease, large balconies and some include planters outside windows. So you should always look carefully at the property before leasing it.
#3: The right to quiet enjoyment
Leases usually have a clause which grants the tenant “Quiet enjoyment”. The tenant thus is entitled to have exclusive possession of the apartment from third party strangers and even the landlord (as long as the tenant is not in breach of his lease).
#4: Who pays for household repairs in your tenancy agreement under Singapore Real Estate Law
Most tenancy agreements have a provision that states that small repairs under a certain amount of money should be borne by the tenants. As a tenant one should check the house on a preliminary inspection to ensure minimal things like the air-con, the kitchen and other things are working.
#5: Why tenancies under 6 months are illegal under Singapore Real Estate law
Did you know that tenancies under 6 months in Singapore are illegal under Singapore Real Estate Law and as a result Airbnb rentals are illegal in Singapore? So when negotiating a tenancy to stay, do negotiate a minimum tenure of longer than 6 months.
In conclusion, there are many provisions in a tenancy that tenants should note but these are some of the key clauses that a tenant needs to know when negotiating a tenancy agreement with a landlord.
If you have any comments on our article, please leave a comment below.
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