Fraud Blocker
Your search results

What is a Tenancy Agreement (TA)

Posted by Jayson Ang on July 21, 2023
| 0

TLDR

When it comes to understanding property jargon, it’s crucial to familiarize yourself with the specifics of a Tenancy Agreement (TA) in Singapore. This legal document outlines the rights and obligations of both landlords and tenants, covering aspects such as rental payments, property maintenance, and clauses like the “Exclusive Possession” and “Fair Wear and Tear.” Prospective tenants should pay close attention to the details in the TA and be aware of clauses that may allow them to break the lease, such as the diplomatic clause. For landlords looking to add clauses, seeking advice from a property agent or lawyer is recommended to avoid misunderstandings. Understanding the nuances of a TA is essential, as not all agreements are the same, ensuring a smooth rental experience for both parties.

Every once in a while, I like to take some of the confusion out of property jargon and demystify it for all.

Today, let’s focus on the Tenancy Agreement (TA) – the legal document that establishes the agreement between a landlord and tenant, detailing all their rights and obligations, as well as any potential repercussions for not following the agreement.

In Singapore, the Tenancy Agreement is not as standardized as in some other countries, giving rise to an array of peculiar terms.

For instance, some Tenancy Agreements forbid the consumption or cooking of certain foods, while others may even prohibit activities like running a business or mining Bitcoin from home.

Nevertheless, the Council of Estate Agencies (CEA) has provided a template document, although its use is not mandatory. This may change in the near future; for now, it is possible to create another Tenancy Agreement with unusual terms.

Prospective tenants should never jump to conclusions about the TA, but should instead pay close attention to the details!

The TA serves as an agreement between the landlord and tenant, outlining the details of the lease for the property.

What is in the TA?

A tenancy agreement will usually include the following:

The details of the tenants and landlords.

Tenant’s covenants: The tenant pledges to abide by their commitments: such as, but not limited to, regularly paying rent, maintaining the unit in a clean state, and refraining from subletting the premises illegally.

Landlord’s covenants: The landlord pledges to respect their tenants’ privacy by not entering the unit without permission, keep the unit in a sound structural condition, and return the security deposit when the lease expires, among other promises.

In Singapore, the tenant is typically responsible for covering the costs of utilities like electricity, water, and Wi-Fi.

Tenants typically assume responsibility for repairs up to a certain limit (generally S$150 – S$300) – after that, landlords take over and cover the rest.

Please provide the specifics on when and how the rent needs to be settled.

A tenant may be able to break the lease due to certain clauses, such as the diplomatic clause, or any other situation that permits them to do so.

It pays to be mindful that not all TAs are alike; thus, you may find differences. No matter if you have experience renting a home in the past, don’t assume that everything is the same – it’s best to always be prepared!

If you’re a landlord wishing to add an extra clause to your Tenancy Agreement, you may want to seek advice from a property agent or lawyer. Don’t forget to make the clause clear to potential tenants to avoid potential misunderstandings in the future!

Here are some of the clauses to watch out for:

The “Exclusive Possession” Clause

“The ‘quiet enjoyment’ clause is an essential component of the Tenancy Agreement – it guarantees that the tenant will be able to use the premises without any disturbance from the Landlord!”

Tenants have the right to deny entry to the premises, as if it were their own – even to the landlord! Consequently, should the landlord wish to enter the residence to make renovations or showings, they must seek permission from the tenant.

The “Fair Wear and Tear” Clause

Tenants have a responsibility to keep the house and its contents in great shape – unless the damage is caused by normal wear and tear, in which case they are not responsible.

Furthermore, the landlord cannot keep a portion of the security deposit to cover any of these damages – for instance, if the kitchen sink pipe breaks because it is two decades old, it’s not on the tenant to fix the issue.

But, if the tenant attempts a DIY repair and something goes wrong, then the responsibility to repair the damage lies with them.

The meaning of fair wear and tear is open to interpretation, however, it is expected that common sense is used.

To illustrate, the landlord can’t ask the tenant to redecorate the entire condo simply because a few patches of paint have peeled.

The Diplomatic Clause

The diplomatic clause is a lifesaver for those from overseas who have to unexpectedly end their rental agreement in Singapore – for reasons such as a job relocation, dropping out of university, or any other reasons.

With this clause, all that’s required is a two month notice period prior to departure and, usually, the clause is only valid after a tenant has been living in the property for twelve months or more.

The “Right of Re-entry” Clause

If a tenant breaches any of the conditions of the lease agreement, the landlord has the right to end the tenancy. The most common cause is failure to pay rent on time; the Tenancy Agreement should clearly set out the terms, including what happens if rent is not paid within 21 days of the due date.

Landlords have the right to end the lease if the tenant breaches any of the conditions.

Be on the alert for tenancy agreements with abnormal or omitted clauses. For instance, if the TA states that the landlord can retake the property if you fail to pay rent (with no time frame specified), you could be evicted even if you are a single day late with the rent!

Should You Buy, Sell or Wait?

If you’re reading this, you must be trying to figure out the best course of action right now: is it the right time to buy or sell?

It’s difficult to give an exact answer since everyone’s situation is unique and what works for one person may not necessarily work for you.

I can bring you a wealth of on-the-ground experience and a data-driven approach to provide clarity and direction. From beginners to experienced investors, our top-down, objective approach will help you on your real estate journey.

I can help you by:

  1. Offering Strategic Real Estate Advice – I can help create a comprehensive plan to guide you through your property journey.
  2. Connecting Your Home with the Perfect Buyers – Through stunning visuals, an effective communication strategy, and an in-depth knowledge of the market, we’ll ensure your home is presented in the best possible way to fulfill your goals.

You May Also Like …


Top 5 Things to Do in Singapore on a Rainy Day
Mandarin Top 5

Top 5 Things to Do in Singapore on a Rainy Day

Singapore, the beautiful island city-state, is known for its sunny weather and stunning attractions. However, even in this tropical paradise,...
Read More
Why Can’t We Buy Low, Sell High?
All Opinion

Why Can’t We Buy Low, Sell High?

Madam Tan voiced that approximately two years ago, when her apartment hit its minimum occupation period, she and her spouse...
Read More
Downsizing From A Spacious 4-Bedroom Condo To A Cozy 2-Bedder: How I Chose A Condo Over A HDB
All Blog Posts Buying Tips

Downsizing From A Spacious 4-Bedroom Condo To A Cozy 2-Bedder: How I Chose A Condo Over A HDB

TLDR Mdm Sim's decision to trade her four-bedroom house for a two-bedroom condo is explored, highlighting the benefits of right-sizing....
Read More
Four Things to Avoid When Renting Out an HDB Flat
All

Four Things to Avoid When Renting Out an HDB Flat

TLDR Renting out an HDB flat in Singapore can be a lucrative source of secondary income. Key considerations include adhering...
Read More
Breaking Through the Stalemate of En Bloc Sales
All Blog Posts Opinion

Breaking Through the Stalemate of En Bloc Sales

TLDR The Singapore property market faces challenges with the ongoing en bloc stalemate. Lower success rates, higher development risks, and...
Read More
What Type of Properties Can a Permanent Resident PR Buy in Singapore?
All Buying Tips

What Type of Properties Can a Permanent Resident PR Buy in Singapore?

TLDR When it comes to purchasing property in Singapore as a Permanent Resident or Foreign National, there are specific restrictions...
Read More
Will New Launch Condos See a Drop in Prices Soon?
All Buying Tips Opinion Selling Tips

Will New Launch Condos See a Drop in Prices Soon?

TLDR The real estate market in Singapore is experiencing a trend of lackluster bids for prime properties in various locations....
Read More
5 Biggest Mistakes I Made When Starting Out In Singapore Property Investing
Mandarin Top 5

5 Biggest Mistakes I Made When Starting Out In Singapore Property Investing

Investing in Singapore property can be an excellent way to generate passive income and build long-term wealth. However, like any...
Read More
When to Strike Gold: The Ultimate Guide to Selling Your House in Singapore!
All Buying Tips

When to Strike Gold: The Ultimate Guide to Selling Your House in Singapore!

TLDR When deciding the best time to sell your property, consider various factors such as market trends, financial goals, and...
Read More
Unlock the Potential of Your Home: 5 Reasons to Start Selling Now
All Blog Posts Opinion

Unlock the Potential of Your Home: 5 Reasons to Start Selling Now

TLDR When considering selling your home, several key indicators can help you determine if it's the right time to make...
Read More
Top 5 : Places to See Singapore’s Skyline at Night
Mandarin Top 5

Top 5 : Places to See Singapore’s Skyline at Night

Singapore, a bustling metropolis known for its stunning skyline, offers an array of vantage points to witness the city's architectural...
Read More
5 Reasons : Why Investing In Commercial Real Estate Can Offer Stable Long-Term Returns
Mandarin Top 5

5 Reasons : Why Investing In Commercial Real Estate Can Offer Stable Long-Term Returns

Investing in commercial real estate has become an increasingly popular choice for investors seeking stable long-term returns. There are several...
Read More
Top 5 Places to Watch the Sunset in Singapore
Mandarin Top 5

Top 5 Places to Watch the Sunset in Singapore

Singapore, a bustling city-state known for its modern architecture and vibrant culture, is also home to some of the most...
Read More
A Step-by-Step Guide To Upgrading From an HDB Flat To Your a Private Property
All Blog Posts Buying Tips

A Step-by-Step Guide To Upgrading From an HDB Flat To Your a Private Property

TLDR Understanding the complexities of upgrading from an HDB flat to a private property in Singapore involves selling your HDB...
Read More
Top 5 : Best Karting Circuits in Singapore
Mandarin Top 5

Top 5 : Best Karting Circuits in Singapore

Singapore, a bustling city-state known for its modern architecture, cleanliness, and vibrant culture, is also home to a thriving karting...
Read More
Top 5 Factors : Investing In Luxury Singapore Properties: Is It Worth It?
Mandarin Top 5

Top 5 Factors : Investing In Luxury Singapore Properties: Is It Worth It?

Investing in luxury properties has always been an attractive option for high-net-worth individuals seeking to diversify their investment portfolios. Singapore,...
Read More
Singapore Homes Prices Falling? Is This The Beginning Of A New Trend?”
All Buying Tips Opinion

Singapore Homes Prices Falling? Is This The Beginning Of A New Trend?”

TLDR The Singapore property market has seen a slight dip in private home prices after a significant increase over the...
Read More
Should Foreign Buyers Be Deterred By the 30% ABSD?
All Buying Tips

Should Foreign Buyers Be Deterred By the 30% ABSD?

TLDR Foreign buyers interested in private residential properties in Singapore is a common sight due to the country's positive reputation...
Read More
Explore the Benefits and Drawbacks of Holding an Open House!
All Blog Posts Buying Tips

Explore the Benefits and Drawbacks of Holding an Open House!

TLDR An open house is a valuable opportunity for sellers to showcase their home to potential buyers without pressure. It...
Read More
Uncover the Secrets of Buying Older Properties – What They Won’t Tell You!
All Blog Posts Buying Tips

Uncover the Secrets of Buying Older Properties – What They Won’t Tell You!

TLDR When considering the appeal of older properties in hipster neighborhoods in Singapore, it's crucial to understand the benefits and...
Read More

Compare Listings