Property Views

[lee_yl]

MrsKiasu\" post_id=\"2086302\" time=\"1666273512\" user_id=\"43981:

I m just curious..based on those info, you can don't move out without compensation from landlord?

For my case har, the landlord purposely terminated the approval to rent out whole HDB flat. Therefore, the tenant must vacate mah.

[lee_yl]

starlight1968sg\" post_id=\"2086319\" time=\"1666303769\" user_id=\"14025:

I always feel that those with legal knowledge or have easy access to lawyers' advice are at an upper hand compared with the laymen in this case.

Yes, but at what cost? Each letter the tenant’s lawyer writes to landlord will cost about $500. Write 3 letters already $1500 leh.

Our lawyer advised us not to sue the landlord as the cost of going to court is estimated at $8K and the whole process could drag on for years.

Our lawyer wrote in to HDB before, to state that the unit has an active tenancy but HDB abruptly terminated the approval to rent which left the tenants in a lurch. In the end also 不了了之. My tenants still have to pay $$ to this lawyer leh.

[MrsKiasu]

I m just thinking if in the first place the TA can be enforced. The LL can terminate the the lease with HDB but he got to make compensation to his tenant on the remaining lease?

[starlight1968sg]

LL is incorrect to early terminate the lease w/o any compensation to tenants.


Am a lousy LL. When I rented out my HDB, am the one worrying not being able to find tenants and this has caused me sleepless nights etc.

I am taking charge to rent out a room in my dad’s flat. I am the one worrying not being able to find tenants again.

Hence I concluded I cant be a LL.

[lee_yl]

singhvibhav\" post_id=\"2086299\" time=\"1666272402\" user_id=\"199672:

Fighting for justice requires courage and sacrifice. In any case, I gathered a lot of opinion online and also consulted a lawyer. Here are the key findings which could have helped in your case:

HDB provides an easy online facility for owners to cancel tenancy approval, but it does not free the owners from the legal obligations of a valid tenancy agreement, which includes letting the tenant stay peacefully for the full tenure of the agreement. That's why HDB recommended going to court - tenancy dispute is not their jurisdiction. This is especially true if there is no early termination clause. The tenant can file a civil lawsuit or go to the Small Claims Tribunal and get compensation from the owner which will easily exceed any potential rental hikes or profits that the owner is anticipating.

Further, while HDB regulations do not allow the units to be sold with tenancy, the existing tenants need to be agreeable to move out of the property if the sale completion falls within the tenancy period. Here again, selling an HDB flat does not free the landlord from the legal obligations of a valid tenancy agreement. (Some agents claim that TA becomes invalid upon sale approval. This is wrong information. A legal TA exists before the sales deed, and landlord can be sued on the basis of that. In fact, this amounts to fraud and gaming the system).

Unless there are clauses in the Tenancy Agreement that allows the landlord to terminate the rental contract earlier, the tenant has the legal right to continue living in the property until the expiration of the lease. As such, the lessor must properly compensate the tenant if the property owner wants the latter to leave.

I also have two real examples of friends and acquaintances:
1) A tenant has 6 months left in the tenancy agreement's expiry and he got 6 months' rent as compensation when his landlord was willing to sell the HDB flat. The matter was amicably settled.
2) Another tenant was coerced to such an extent that he moved the Small Claims tribunal. The tribunal issued a summon letter for the landlord, upon receipt of which, the landlord requested to settle out of court/tribunal.

You are absolutely right on the part I highlighted in blue. However, when I wrote to HDB, I am not asking HDB to help resolve the dispute as we have our own lawyer.

I wrote in to ask HDB to review whether the ease for owners to revoke the approval to rent out whole unit, with the excuse that the landlord moving back for ownstay (written in black and white on the application for termination) and subsequently rent it out at a higher price within a week after current tenant has been chased out, is a loophole unscrupulous landlords can exploit. My suggestion is to either have a cool-down period (e.g. 3 months) before landlords can re-apply for approval to rent out their own unit again or to consider the declaration of wanting to move in for own stay as false declaration and take punitive action. Otherwise there’s no cost for landlord to apply to revoke approval to rent out whole unit and re-apply within days

Regarding small claims court, for your case, you can file for small claims if the contract is shorter than 2yrs. But for our case, the tenancy agreement was 3yrs. Anything more than 2yrs, we cannot file in small claims court. Our unit was rented out to non-Malaysian origin for 3yrs which is also against HDB rules and regulations. I asked HDB whether a contravention occurred but HDB just kept mum.

For your friend, if his landlord is genuinely wanting to sell and willing to compensate the tenant, it is a win- win situation for everyone. But if a unscrupulous landlord wants to chase your friend out to rent the unit at say 40% higher, then it doesn’t make sense that the landlord would want to compensate the tenant anything?

[ChiefKiasu]

starlight1968sg\" post_id=\"2086442\" time=\"1666404729\" user_id=\"14025:

...
I am taking charge to rent out a room in my dad's flat. I am the one worrying not being able to find tenants again.
...

Lol. You should try it again. Market is very hot for rental now.

[phtthp]

lee_yl\" post_id=\"2086437\" time=\"1666401386\" user_id=\"17023:

For my case har, the landlord purposely terminated the approval to rent out whole HDB flat. Therefore, the tenant must vacate mah.

Hi Lee,

When u rent out just one room to a tenant (a lady), do u allow or let her cook inside your kitchen ?

[Zeal mummy]

MrsKiasu\" post_id=\"2086441\" time=\"1666404254\" user_id=\"43981:

I m just thinking if in the first place the TA can be enforced. The LL can terminate the the lease with HDB but he got to make compensation to his tenant on the remaining lease?

If the TA does not have an exit clause for LL then LL will have to make compensation or come to an agreement w the tenant. However, a valid TA usually has an exit clause. Eg. Give 2 months notice etc.

[Zeal mummy]

starlight1968sg\" post_id=\"2086442\" time=\"1666404729\" user_id=\"14025:

LL is incorrect to early terminate the lease w/o any compensation to tenants.

Am a lousy LL. When I rented out my HDB, am the one worrying not being able to find tenants and this has caused me sleepless nights etc.

I am taking charge to rent out a room in my dad's flat. I am the one worrying not being able to find tenants again.

Hence I concluded I cant be a LL.

It depends on the terms in the TA, whether there is an exit clause for the LL.

There is more demand than supply right now.. so I believe you wouldn’t have much of a problem with tenant search. But finding the right kind of tenant can be tricky.

[Liew Nga Wing]

starlight1968sg\" post_id=\"2086442\" time=\"1666404729\" user_id=\"14025:

LL is incorrect to early terminate the lease w/o any compensation to tenants.

Am a lousy LL. When I rented out my HDB, am the one worrying not being able to find tenants and this has caused me sleepless nights etc.

I am taking charge to rent out a room in my dad's flat. I am the one worrying not being able to find tenants again.

Hence I concluded I cant be a LL.

Star,
Your dad's flat is at which part of Singapore? Near got any MRT station? Do you have your own housing agent or you have got any friends working as a housing agent? You can always liaison with an agent to check the rental in the same block or same district and whether there is any potential tenants. No need to worry, just check with an agent, everyone can be a LL.