HDB Loan Vs Bank Loan: Pros & Cons
TLDR When deciding between an HDB loan or a bank loan for purchasing a property in Singapore, consider key factors...
Read More
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:
- Offering Strategic Real Estate Advice – I can help create a comprehensive plan to guide you through your property journey.
- 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 …
5 Things to Know About Singapore’s Freehold & Leasehold Properties
5 Things to Know About Singapore's Freehold & Leasehold Properties Here are 5 things you need to know about Singapore's...
Read More
5 Insider Tips From Real Estate Experts On How To Get The Best Deal On Property In Singapore
Investing in property can be a great way to build wealth and secure your financial future. However, with Singapore's highly...
Read More
Would It Be More Better To Engage One Property Agent Or Multiple Agents In The Selling Process?
TLDR When planning to sell your property, you have the option to work with one agent exclusively or non-exclusively. Engaging...
Read More
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
Where to Find the Most Affordable New Launches in 2023 – Starting at $1.31 Million
TLDR When looking for an affordable new launch condo in Singapore as of January 2023, consider projects like 10 Evelyn,...
Read More
Top 5 Reasons : Why Developers Seem Hesitant To Commit To New Projects In Singapore
Singapore, a thriving global city-state, has long been known for its robust economy and attractive real estate market. However, in...
Read More
Why Can’t We Have More Housing Options For Singles?
TLDR The blog post discusses the evolving regulations for single individuals to purchase public housing in Singapore. It highlights the...
Read More
Navigating Singapore’s Real Estate Market: The Truth Behind 5 Common Misconceptions
The real estate market in Singapore is known for its stability and attractiveness to investors both locally and internationally. However,...
Read More
5 Top Primary Schools in Singapore Popular with Expat Chinese Community
5 Top Primary Schools in Singapore Popular with Expat Chinese Community When it comes to education, Singapore is a top...
Read More
Top 5 : Questions Should Investors Be Asking Before Investing In Singapore’s High-End Rental Market
Singapore's high-end rental market has been a hot topic of discussion among investors worldwide. With the city-state's robust economy, excellent...
Read More
The High Price of Picking the Wrong Property in Singapore in 2025
The Steep Price Of Making A Mistake When Buying Property In Singapore Are you yearning for a condo, but the...
Read More
6 Misleading Claims Property Agents Often Make That Savvy Buyers Are Aware Of
TLDR Real estate agents can sometimes use deceptive tactics to push sales. Be cautious of claims about other interested buyers,...
Read More
The Truth About Buying An Old Condo: Homeowners Reveal Their Top 5 Regrets
The Truth About Buying An Old Condo: Homeowners Reveal Their Top 5 Regrets Some homeowners may find themselves regretting certain...
Read More
When a Property Seller Pulls Out of the Deal : What Now?
TLDR When a property deal is not yet formalized, sellers can withdraw without consequences. However, once an Option to Purchase...
Read More
What Factors Contribute To Singapore’s Real Estate Market Exhibiting Less Volatility Than Other Major Cities?
TLDR The Singaporean real estate market has remained stable due to government cooling measures. These include Additional Buyer's Stamp Duty...
Read More
Discover 7 Reasons to Sell and Right-Size Your Property
TLDR The increasing trend of right-sizing properties in Singapore is driven by various factors such as lifestyle changes, financial gains,...
Read More
I Purchased My First Property in My Mid-20s: Avoid These Common Mistakes!
TLDR When it comes to property ownership, Charles learned valuable lessons through his journey as a youthful homeowner. From opting...
Read More
Discover 5 Reasons Executive Condominiums Could Prove To Be A Smart Investment Despite Growing Inflation
TLDR An overview of the article discussing the benefits of Executive Condominiums (ECs) over private condos in the current real...
Read More
6 Hot Property Market Trends in Singapore 2024: What Buyers Should Anticipate
TLDR When diving into Singapore's property market, expect a rollercoaster ride as trends shift drastically in 2024. Landlords and tenants...
Read More
