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Landlord and Tenant matters - PropertyWiki

FAQ and Answers all in one place!

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Quiet

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.

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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).

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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.

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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).

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Landlord is responsible for :

External & structural repairs

Repair works due to wear & tear

(Eg, Wall cracks, water leakage,

etc).

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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.

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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.

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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.

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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.

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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.

image-27

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.

Click to find out more on how to
evict non paying tenants.

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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.