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June 28, 2023
FAQ and Answers all in one place!
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Quiet Enjoyment.
• Landlord is to give
tenant quiet enjoyment
during the lease term.
• Means tenant is able
to exercise the right of
occupation and having
the full benefit of it
• Landlord cannot enter
leased property as and
when he likes.
Access to Premises
• Landlord to give 1 or
2 days advanced written
notice to enter to commence
repair work.
• However notice is not
required if it is urgent
(such as water pipe
burst or fire).
Such repair must not
interfere with the tenant.
• The landlord and his
agent may also enter
the premises to comply with
statutory requirements (Eg,
Check on tenant's WP, or
illegal immigrants).
Landlord’s Responsibility
• As the owner of the house, the
landlord pays all taxes, such as
property taxes, building insurance
& statutory charges (charges
charged by authorities).
• For private properties such as
condos, items such as the
maintenance fee or conservancy
charges should also be settled by
the landlord.
Tenant's Responsibility
As the lessees of the house, the
tenant will have to pay the following:
• Stamping fees
• Utilities (water, gas and
electricity supply)
• Internet or telephone charges
• Season parking (HDB)
• Miscellanious cost (extra access
card for occupants, replacement
of lost cards etc)
Minor repairs and servicing should
be settled by the tenants (usually
around $150).
Landlord is responsible for :
External & structural repairs
Repair works due to wear & tear
(Eg, Wall cracks, water leakage,
etc).
Tenant is responsible for:
• Replacing furniture, fixtures
and fittings and other property
within the demised premises, as
may have become damaged or
lost by direct substitution in
equivalent value and quality.
• Its up to the landlord and
tenant negotiation to maintain
and service all the air
conditioning units (if any)
within the demised premises as
and when necessary during the
term of tenancy at the tenant’s
own costs.
Its the Landlord's duty to insure
the property with Fire insurance.
Click here to find out what
types of insurance the landlord
can purchase for their property.
Tenant is responsible for:
• Not to assign or sublet any
part or all of the premises without
landlord’s prior consent which
shall not be unreasonably withheld.
• No addition and alteration
work are to be undertaken
without the prior written approval
of landlord and the relevant
authorities.
Diplomatic Clause
•This clause allows tenant to
terminate the lease such as
need to leave SG by showing
document of proof.
• Landlord sometimes will
require tenant to stay for minimum
period of time before tenant can
exercise this clause.
• Meant for expatriates who
are working in SGP. Not for
Singaporean tenant/s.
Option to Renew Clause (OTR)
• Not compulsory.
• Only insert if agreed by parties.
• OTR is granted by landlord at
the beginning of the fixed term
lease but to be exercised by
tenant at the end of the lease.
• No auto-renewal.
Tenant's Responsibility
Not to assign or sublet any
part or all of the premises without
landlord’s prior consent which
shall not be unreasonably withheld.
Landlord's Right:
Implied law allows the landlord
to repossess the property upon
default rent and/or illegal use of
premises. If Landlord wishes
to repossess the property
for other reasons, it must be
specified clearly in the TA.
What is a Tenancy?
A tenancy has the legal effect of transferring an interest in land from the landlord to the tenant. It means that for a certain term at a determined rent, the tenant has exclusive possession of the premises. Typically, the duties of the landlord and tenant are found within the terms of the tenancy agreements. A breach of any of these terms potentially leads to the termination of the tenancy, resulting in several types of remedies available for both landlord and tenant.
It is important to know the terms within the tenancy agreement. Most tenancy agreements will contain terms that give tenant quiet enjoyment and exclusive possession. Hence, the landlord must allow his tenant to occupy the premises exclusively, without any intrusions and disturbances from outsiders. The landlord cannot grant a lease of his premises on terms that effectively or substantially negative the utility of the grant. For example, if a landlord leases a store space to a tenant within a shopping mall, he must not prevent the entry of customers into the building.
Similarly, a tenant will have responsibilities under the tenancy agreement too. For example, a tenant has to pay regular rent and may have to agree not to assign the lease to another person. He may also have to bear the costs of any repairs which may be necessary in the course of the tenancy. Should there be water leakages, faulty electrical appliances, or peeling paint, either the landlord or tenant may bear the burden of repair, depending on their negotiations. Hence, the tenancy agreement sets out the duties of the landlord and tenant at the start of the tenancy, and prevents such disputes from arising.