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VIEW2OFFER
– FREE PROPERTY LEGAL ADVICE AT YOUR
FINGERTIPS!
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| Q. |
My landlord called me to confirm an agreed rental rate after many days of consideration and he has asked me to help & proceed in the preparation the renewal of the tenancy agreement as well as to send agreement for stamp duty. The next day he backed out & now wants to increase the rental significantly. Is verbal agreement a binding contract? Later we received a letter to inform us that he wish to terminate the contract till end of the expiry lease in June 08. Pls advise on our legal rights.
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Question posted by
Mrs Chua
Subject:
Landlord backout from agreed rental, is verbal agreement a binding contract?
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| A. |
| A tenancy agreement must be in writing and signed by both parties before it is valid. Any verbal agreement for a tenancy is unenforceable. As such, you have no right against the landlord based on the verbal agreement. |
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| Q. |
I am a seller and had signed the Option to Purchase. I just found out that the buyers had applied for HLE only a few days prior to signing the OTP. If the buyer's HLE has not been approved, it is right that the buyer had paid the deposit and 'book' my unit? I had to wait for almost 2 months for HLE to be approved and to reach me. If the buyer's HLE will not be approved, I will waste that period of time instead of getting another buyer. More importantly, I have to pay for two units - my present and new units.
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Question posted by
Nita
Subject:
Option to Purchase
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| A. |
| Under the Option to Purchase, the purchaser has a deadline of 14 days to exercise the Option once the Option is issued. If the purchaser does not exercise it by the deadline, the deal is off and you can forfeit the deposit. |
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| Q. |
Dear Mr Chang, I stayed in a landed property. My neighbour's trees has been growing and now the branches have overhang into my property. Numerous requests to have him cut down or trim the trees have been rejected. What could I do to get him to trim the tree to a managable size as one of them is already 3 storey high ?
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Question posted by
Daniel Teo
Subject:
Tree Disputes
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| A. |
When you own the landed property, you also own the airspace above the property. As such, the branches are technically encroaching and trespassing into your property. To preserve good relations, you may try to resolve the matter amicably with your neighbour. But if that fails, you may either (i) engage someone to chop off the branches or (ii) engage a lawyer to give them notice to remove the branches if not sue them in court. |
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| Q. |
Dear Sir, I am the landlord and am renewing the tenancy agtreement for my tenants. I need to know how to go about including an En bloc Clause that will protect us if the en bloc does happen in the near future. I thsnk you in advance for your help Sir.
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Question posted by
Dinna Beck
Subject:
En bloc Clause
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| A. |
You may include a clause in the tenancy agreement which states that in the event of an en-bloc sale, you are entitled to terminate the tenancy by giving a certain period of notice to the tenant (eg 2 months notice or 3 months notice). We can help you draft the clause. Our fee is around S$200.00. |
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| Q. |
I am a DIY seller. An agent had brought his client to view my house. When asked, I told him that I am not engaging an agent and hence will not be paying commission to him. The next day there was an ad placed by him for my property. I never gave permission for him to do so. More damaging is that he told buyers the COV is 50k which is 20k more that I am asking. Is there anything I can do?
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Question posted by
Mdm Odelia
Subject:
Propety Agent
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| A. |
The agent is trying to market your property on an open listing basis (i.e to earn the 1% commission from the buyer). What you can do is to write to the estate agency (the company) and complaint about the actions of the agent. |
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| Q. |
Hi... I had paid a deposit to rent a shop space end March 08 and had both agree verbally on a 24 months lease term commencing 1st june 2008. We did not sign any Letter of Intent nor the Tenancy Agreement yet. My landlord only issue me a receipt stating its a receipt of deposit payment for renting of the said shop space However my landlord called me on 4th april 2008 citing that he cannot fulfil the contract as the previous tenant had change their mind and wish to continue renting the shop space. What are my legal rights in a case like this as with such a short period of less than two months, I may not be able to find a suitable place for my business. Thanks for your kind advise
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Question posted by
Karyne Tan
Subject:
Shop rental
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| A. |
A Tenancy is only valid if there is an agreement or memorandum signed by both parties for the lease of the property. In view of the fact that your agreement with the Landlord is made verbally, you have no course of action against the Landlord except for the refund of the deposit. |
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| Q. |
I have rented a small portion of a hair salon (which means i am a sub-tenant)for a period of one year. I have only been there for 5 months and the current tenant suddenly decide to move to another location due to some disputes with their landlord. They ony gave 1 week notice before the moving out date. They ask if i want to move out with them. Since i still have another half year, i agreed. After shifting in to new location (me bearing all renovation cost) they gave me a new agreement stating a higher rental (as the new place is slightly bigger)with immediate effect and it is a new one yr agreement. He told me the old contract is not valid as the premise have changed. Please advise
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Question posted by
Seveen
Subject:
Sudden relocation of rented premise
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| A. |
Firstly, your Landlord (being the Tenant of the Property and you are the sub-tenant) has breached the terms of the first tenancy as it was for a fixed term of 1 year and he failed to fulfill that. The fact that they had a dispute with their landlord does not concern you. They are still obliged to honour the tenancy for 1 year. However, you may have waived your rights to claim any losses against them because you accepted the 1 week notice to move out and to relocate with them.
Secondly as regards the new tenancy, did both of you agree on the new rental rate before you agreed to relocate with them. If not, you are basically at their mercy unless there was any misrepresentation on their part which misled you to join them (eg they promised you a low rental beforehand)
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| Q. |
Is it legal to rent out a room in a rented 3-room apartment? If not, is there a legal way to do so? Thank you.
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Question posted by
Chandra
Subject:
Apartment room rent out
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| A. |
If it is a private condominium and you are the tenant, you are allowed to rent out one room ONLY IF your tenancy agreement allows you to sublet the property. If not, you will need the owner's written permission. |
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| Q. |
Hi Mr Chang, I have accepted an option and paid SGD 5000 to buy a re-sale property. The cash over valuation is 61K , which is quite high. I am contemplating to back out , is it possible to back out ? The date for my first appointment is 10-April, 2008.
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Question posted by
Mohit Ghatak
Subject:
Can I back-out after signing an option
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| A. |
Once you have exercised the Option, you are not allowed to back out. If you back out, your deposit will be forfeited and be liable to the seller for all losses suffered (eg if there is a drop in value of the property). |
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| Q. |
Hi Mr Chang, two weeks ago, my agent brought someone to view my flat. After viewing, they gave me a $500 deposit (cheque) which I banked in. My agent made me sign the OTP but it hasn't been passed to the buyer yet. Due to some reason, I decided not to sell. Do I have to proceed with the sale since I have deposited the cheque into my account?
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Question posted by
Concerned
Subject:
Backing out from sale
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| A. |
An OTP is only valid if it has been handed to the buyer or the buyer's agent. It does not matter whether you have banked in the cheque. As such, you are only entitled stop the transaction before the OTP has been handed to the buyer or his agent. Once the OTP has been handed to the buyer or his agent, you must honour the OTP. |
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| Q. |
I have rent an apartment with a 3 years term starting in 12 March 2007. Now my Landlord told me verbally she intends to sell the unit and wants myself and my family out of the apartment. If I agree to move, should I request my Landlord to write down a termination letter to me? How should I proceed to accept the early termination?
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Question posted by
Priscila
Subject:
Early Termination
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| A. |
Even if the property is sold, the tenancy is still valid against the new owner i.e the new owner must still honour the tenancy. As such, the existing landlord or your new landlord has no right to terminate the tenancy prematurely. However if you agree to move, please request for a formal letter from the landlord to request for early termination. Thereafter, both of you should fix a date for handover. On the date of the handover, please request for the cheque for the refund of your rental deposit. |
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| Q. |
My father and I are joint tenant for the condo we live in. He paid for everything for the condo and also maintenance charges every month. As I do not contribute any money to the condo, do I still have the right to the condo if my father decided to take back the condo and delete my name from it?
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Question posted by
Jane Tay
Subject:
Rights to a condo
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| A. |
He does not have the right to delete your name as you are a joint tenant. Any transaction involving the property will require your consent and signature. |
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| Q. |
My mother rented a room to this tenant that has big carton boxes that fill up more than 60 percent of the room thus She asked her to leave on the first day but the tenant plead for more time to find another room. Two days before the one month stay ended,she dilibertly went besek so my mum have to lock the door for fear of her life and only allowed her to enter when the police arrived. She packed and went off . Her one month deposit was returned to her and has been cashed out. During her stay she has also used a TV without a TV licsence in her room and also electric kettle in the room with her cartons inside. She also brought strangers into the house without permission. She went to the small court Tribunal and was awarded two months of rental. The contract did have a clause stating a one month notice but no penalty stated. We found the judgment to be unfair. What can we do?
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Question posted by
Eddie
Subject:
HDB room rental
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Once a small claims order has been made, it is final and you may not appeal against the said order unless there is an issue of law. |
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| Q. |
2 years ago, I signed a tenancy agreement to lease a residential property. Among the clauses included one which states "The Landlord shall on written request of the Tenant made not less than Two(2) months before the date of expiry of this tenancy, and if there shall not at the time of such request be any existing breach or any non-observance of any of the conditions, covenants or stipulations on the part of the Tenant herein contained, at the expense of the Tenant, grant to the Tenant a tenancy of the said premises for a further term of ONE (1) year from the date of expiry o this tenancy at the same rent as determined by this Agreement but otherwise containing the like conditions, covenants and stipulations as are herein contained with the exception of this option for renewal." I have made a written request for an extension at least 2 months prior to the tenancy expiry. Can the landlord refuse to lease the property? Can he now claim he was unaware of this clause when I have an email indicating to him that i have amended and added some clauses of the Tenancy Agreement? Can he, upon the expiry of the original agreement, serve us with an eviction notice despite our letter informing him of our desire to extend the tenancy and of his contractual obligation? Another point I should mention is that I have never met or spoken to the landlord before and all communication, including rental payments and repairs are conducted through the agent.
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Question posted by
Yeong Kay Wai
Subject:
Tenancy agreement dispute
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| A. |
| The clause which you have shown me is called the Option to Renew clause. So long as you have complied with the requirements of the said clause, the Landlord is bound to extend the tenancy. Such clauses will normally state that the tenancy will be renewed at a rent to be decided by the parties and a landlord may increase the rent substantially in order to deter you from renewing. However, the clause which you have provided does not state how the new rental is to be provided. I am not able to give you a full advice if you have not provided the clause in full. |
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Can the agent still claim his commissions after he committed an anticipatory breach of contract? Both buyers and sellers had signed the OTP but the agent refused to submit it to HDB on the agreed date. Both buyers and sellers submitted a new OTP to HDB 2 days later.
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Question posted by
RMS
Subject:
Anticipatory breach
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| Whether or not you are liable for commission will depend on the terms of the agreement between you and the agent. If you have signed an exclusive with the agent, it is likely that you are liable |
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Free
property legal advice contributed by:
Ian Chang, LLB (Hons), of Riaz, Ian Chang
& Pat Quah Advocates and Solicitors.
[ more
on Ian Chang ]
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Ian
Chang LLB (Hons)
Aptus Law Corporation
Parkway Parade Office
For over 11 years, Ian Chang has
successfully represented thousands
of clients involving a wide range
of practice on conveyancing, litigation
and other legal issues.
[ more
on Ian Chang
] |
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