Property Views

[sushi88]

lee_yl\" post_id=\"2060704\" time=\"1646560860\" user_id=\"17023:

HDB replied to the tenant’s lawyer that they have no sight of the TA and they are not responsible for it. Any TA dispute between tenant and LL has nothing to do with HDB.

HDB can terminate the approval to rent out the unit upon LL’s request.

Of course HDB will say that because it is the truth. She is the one who breached the TA and is that not legally binding?
What is the TA dispute? How can HDB letter even evict them in the first place? By right, they have no access to the tenants. So if the owner cannot fulfill her duties to HDB, HDB would go after her.

HDB's termination of approval to rent out should not invalidate the TA.

(Like any other legal document, a written tenancy agreement becomes a legally binding contract between the two parties as soon as you have both signed it. As a landlord, your signature represents your legal agreement to uphold all of the duties outlined in the document.)

This is provided everything we know here is the right picture.

[sushi88]

lee_yl\" post_id=\"2060706\" time=\"1646562207\" user_id=\"17023:

One possible reason, could be a red hot HDB rental market. The rental for the unit was 40% higher today than the rental agreed 2yrs 04mths ago. The monthly difference is about $1,500 which is very significant.

The termination letter from HDB was supposed to serve as a notice to vacate with immediate effect.

This sentence is too funny. If HDB has no transaction relationship with the tenant, THEY CANNOT serve a notice to the tenant, it's exactly what was said, no TA with tenant, not their responsibility. And the TA is a legally valid one. Please ask your lawyer again. The one in hot soup is the LL. HDB should go after her.

In other words, the tenants cannot be charged for overstaying but LL can be charged for allowing her unit to be rented even after HDB issued the letter of termination of rental. Now she is breaching HDB's rules.

[Zeal mummy]

sushi88\" post_id=\"2060708\" time=\"1646564286\" user_id=\"100857:

This sentence is too funny. If HDB has no transaction relationship with the tenant, THEY CANNOT serve a notice to the tenant, it's exactly what was said, no TA with tenant, not their responsibility. And the TA is a legally valid one. Please ask your lawyer again. The one in hot soup is the LL. HDB should go after her.

In other words, the tenants cannot be charged for overstaying but LL can be charged for allowing her unit to be rented even after HDB issued the letter of termination of rental. Now she is breaching HDB's rules.

Hi Sushi,

I think you might have misunderstood the role of HDB in the entire rental process. (They do not go after people or TA, they get a log online when LL applies to rent out or to terminate the approval for rental.) take it like a data base.

Any LL can terminate or apply for approval, as long as TA is signed, there’s an approval given, it isn’t a breach.

What happens in the TA is legally binding, but it is between the 2 parties who signed the TA.

[Zeal mummy]

lee_yl\" post_id=\"2060706\" time=\"1646562207\" user_id=\"17023:

One possible reason, could be a red hot HDB rental market. The rental for the unit was 40% higher today than the rental agreed 2yrs 04mths ago. The monthly difference is about $1,500 which is very significant.

The termination letter from HDB was supposed to serve as a notice to vacate with immediate effect.

Well even with a red hot market, it isn’t difficult to give 2 months notice…

Think about it… to use HDB termination letter and to call the police? Putting her agent license on the line?

That sounds very desperate for money!!!... Side story: LL owes loanshark so needed to get $.

[sushi88]

Zeal mummy\" post_id=\"2060727\" time=\"1646579687\" user_id=\"58173:[quote=\"Zeal mummy\" post_id=2060727 time=1646579687 user_id=58173]
Hi Sushi,

I think you might have misunderstood the role of HDB in the entire rental process. (They do not go after people or TA, they get a log online when LL applies to rent out or to terminate the approval for rental.) take it like a data base.

Any LL can terminate or apply for approval, as long as TA is signed, there’s an approval given, it isn’t a breach.

What happens in the TA is legally binding, but it is between the 2 parties who signed the TA.[/quote]

Thanks Zeal mummy.
HDB has rules that OWNER has to abide by even if it is an online application of approval. The online system is just a vehicle to facilitate the process. HDB law says that if a unit is not approved for rental, it cannot be rented out else it can possibly be confiscated by HDB right? This is HDB ruling for the owner, not tenants. However, based on the TA agreement which is legally binding, the unit is still being rented out.

If LL had a TA which stipulated the period of rental and then she still went into HDB system to apply termination before the TA ended (with immediate effect some more), this LL was being funny. She can now be charged by HDB for breaching the law above right?

Also, you mentioned HDB does not go after people or TA(?), then the termination letter to evict the tenants is falsehood by LL as a threat. In actual fact, HDB does go after people but it's the owners who signed a contract with them not the tenants.

[ChiefKiasu]

And don’t forget, she had the gall to go down to the tenants’ workplace to kick a fuss. That’s terrible.

[sushi88]

ChiefKiasu\" post_id=\"2060733\" time=\"1646586019\" user_id=\"3:

And don't forget, she had the gall to go down to the tenants' workplace to kick a fuss. That's terrible.

Seriously makes me wonder where she gets the guts from...
...time to sleep....*yawn*

[Zeal mummy]

sushi88\" post_id=\"2060732\" time=\"1646585895\" user_id=\"100857:

Thanks Zeal mummy.
HDB has rules that OWNER has to abide by even if it is an online application of approval. The online system is just a vehicle to facilitate the process. HDB law says that if a unit is not approved for rental, it cannot be rented out else it can possibly be confiscated by HDB right? This is HDB ruling for the owner, not tenants. However, based on the TA agreement which is legally binding, the unit is still being rented out.

If LL had a TA which stipulated the period of rental and then she still went into HDB system to apply termination before the TA ended (with immediate effect some more), this LL was being funny. She can now be charged by HDB for breaching the law above right?

Also, you mentioned HDB does not go after people or TA(?), then the termination letter to evict the tenants is falsehood by LL as a threat. In actual fact, HDB does go after people but it's the owners who signed a contract with them not the tenants.

Good morning Sushi,

Perhaps if you have a flat, you can try to rent it out so you can better understand the process. If rental was approved before, it is likely it can be approved again. It is a straight forward process. Yes, you are correct that there are rules. However the rules are not those in the TA. You can visit the hdb website to find out more about the rules. There are also TA clauses whereby both parties can terminate the TA. It is not illegal (may be unfair to one party) and would not be charged by hdb or whatsoever.

No.. It is not falsehood nor a threat.. the termination letter is to to terminate the approval for rental. Without the approval, tenants are overstayers and can be evicted. And no, they don’t go after people because of the clauses in the TA. There are other rules that owners have to abide by, but hdb do not go by your TA.

I hope you don’t get confused further.

[Zeal mummy]

ChiefKiasu\" post_id=\"2060733\" time=\"1646586019\" user_id=\"3:

And don't forget, she had the gall to go down to the tenants' workplace to kick a fuss. That's terrible.

Agree that what they did was terrible. Nobody should threaten the other persons livelihood no matter what disagreement they have.

[Zeal mummy]

Source:

https://www.hdb.gov.sg/residential/renting-a-flat/renting-from-the-open-market/regulations-for-renting-out-your-flat

Regulations for Renting a Flat/ Bedroom

Non-Citizen Quota for Renting Out of Flat
If you are a non-Malaysian non-citizen (Singapore Permanent Resident or foreigner) renting the HDB flat, you will be subject to the Non-Citizen Quota for Renting Out of Flat. The quota is to help maintain a good ethnic mix in HDB estates. Malaysians are not subject to this quota in view of their close cultural and historical similarities with Singaporeans.

The quota is set at 8% at the neighbourhood level and 11% at the block level, and applicable if any tenant renting the flat is a non-Malaysian non-citizen. If the quota is reached, only Singaporeans and Malaysians can rent a flat in that neighbourhood/ block. This quota does not apply to the renting out of bedrooms.

You may use our e-Service to check if an HDB flat can be rented by non-Malaysian non-citizens. The e-Service can also be accessed via the HDB Map Services.

Rental period
You must rent an HDB flat/ bedroom for at least 6 months. Owners can apply to rent out flat/ bedrooms for a maximum period of 3 years per application if their tenants are all Singaporeans or Malaysians. For application involving non-Malaysian non-citizens, the maximum rental period per approval is 2 years.

Maximum number of tenants and occupants
Take note of the maximum number of tenants and occupants allowed in each flat when renting the flat/ bedrooms.