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:

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 …

All Buying Tips

5 Exciting Trends Shaping Singapore’s Property Market for Future Buyers After 2024

Jayson Ang – July 5, 2024 –

TLDR When it comes to the evolving landscape of property development in Singapore, developers are facing new challenges and opportunities....

All Opinion

“I Kept My Condo Empty for 7 Years” – Here’s What Singaporeans Living Overseas Do With Their Properties Back Home

Jayson Ang – February 14, 2025 –

TLDR In today's global workforce, many Singaporeans find themselves working abroad, raising questions about the management of their local properties....

Mandarin Top 5

Top 5 Nature Walks in Singapore for Hikers

Jayson Ang – June 20, 2024 –

Singapore, a bustling city-state known for its impressive skyline and modern architecture, is also home to a plethora of natural...

All Blog Posts Buying Tips

Five Pitfalls of Selling a Home for the First Time

Jayson Ang – July 23, 2023 –

TLDR When selling your first home, avoid holding out for a better offer as it may backfire. Let your agent...

Top 5 Questions to Ask : Is Singapore Property Investment for Me?

Mandarin Top 5

Beware of These 7 Deceptive Tricks In Showflat Condo Sales

Jayson Ang – May 14, 2023 –

TLDR When navigating the complexities of the real estate market, it's crucial to be wary of hidden marketing tricks when...

Mandarin Top 5

Top 5 Must-Do Experiences in Singapore for First Timers

Jayson Ang – January 18, 2025 –

Singapore, a vibrant city-state known for its diverse culture and rich history, offers an array of unique experiences for first-time...

Mandarin Top 5

Top 5 Key Factors that Affect Singapore’s Property Prices?

Jayson Ang – February 9, 2025 –

Singapore's property market has always been a topic of interest for both local and international investors. The city-state's real estate...

All Blog Posts Buying Tips Opinion Reports

What Difference in One Year After the ABSD Hike in April 2023?

Jayson Ang – December 7, 2024 –

TLDR The recent hike in ABSD rates, especially the increase from 30% to 60% for foreign buyers, has dramatically affected...

All Blog Posts Buying Tips

35 Brand New Condominiums Nearing Their ABSD Deadline 2023

Jayson Ang – March 4, 2023 –

TLDR The blog post discusses the looming ABSD deadline for several new launch condos in 2023, highlighting the impact on...

Buying Tips Mandarin Top 5

5 Things to Know About Singapore’s Freehold & Leasehold Properties

Jayson Ang – June 10, 2023 –

5 Things to Know About Singapore's Freehold & Leasehold Properties Here are 5 things you need to know about Singapore's...

Mandarin Top 5

5 Most Common Property Investment Scams To Watch Out For In Singapore

Jayson Ang – June 12, 2024 –

Property investment scams are unfortunately prevalent in Singapore, and unsuspecting investors can fall victim to these scams, leading to significant...

All Blog Posts Buying Tips

Avoid The Possibility Of Negative Cash Sales: Find Out How Much Your HDB Has To Appreciate To Steer Clear Of It!

Jayson Ang – January 31, 2023 –

TLDR When selling your property, watch out for negative cash sales that could leave you with no money after CPF...

Mandarin Top 5

Top 5 : Dangerous Ideas Singapore Property Investors Have

Jayson Ang – March 5, 2025 –

Singapore's property market has long been considered a safe and lucrative investment option for both local and foreign investors. The...

Mandarin Top 5

Top 5 Tips : How to Choose the Best Property Agent in Singapore – Insider Tips and Strategies!

Jayson Ang – September 30, 2024 –

Choosing the right property agent in Singapore can be a daunting task, especially with the plethora of options available. A...

All Blog Posts Buying Tips Opinion

A Executive Summary Guide to the Singapore Real Estate Market 2023 and Beyond …

Jayson Ang – December 10, 2022 –

TLDR The Singapore real estate market is vibrant, driven by a strong economy, stable business climate, and attractive investment opportunities....

All Buying Tips

What Role Does Property Valuation Play In The Real Estate Industry, And Why Is It Important?

Jayson Ang – June 22, 2023 –

TLDR When it comes to property valuation, understanding the process is crucial for both buyers and sellers. Property valuations can...

Buying Tips Mandarin Top 5

Why Chinese Investors Should Not Be Deterred by ABSD: 5 Reasons

Jayson Ang – June 26, 2023 –

Why Chinese Investors Should Not Be Deterred by ABSD: 5 Reasons Here are the top 5 reasons why Chinese investors...

All Blog Posts Opinion

Invest During the Bearish & Exit During the Bullish

Jayson Ang – December 27, 2022 –

TLDR A comprehensive overview of the real estate market trends, emphasizing the importance of strategic property analysis and investment decisions....