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ExpatSingapore Message Board 27 May 2012, 17:35:36 pm *
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Author Topic: Rental dispute and deposit - help  (Read 4109 times)
Gutted
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« on: 02 December 2008, 17:06:18 pm »

Hi anyone's advise (including legal) would be most welcome.

To Date
I notified my landlord (>2 months)that I will be unable to stay in Singapore due to loosing my employment.  To date I have paid all rents owed in full and importantly taken good care of the flat during my stay. 
In light of the above and S$6K being a lot of money to me with no employment in the foreseeable future.
I requested a meeting with the landlord to discuss my 2 months rental deposit but they have so far left it to their property agent who says they insist on everything should go according to the contact i.e. a min of 11 months rental.  I am just finishing my 6th month.
The contact is a typical tenancy agreement (residential)with the wording that the diplomatic clause shall be applicable only after the tennant has completed a minium of 12 months. (this is not as was explainted to me by agents but is writtern in contract)
It is an approved lease of an HDB flat at 40% above govrn suggested rates.
The landlord is a very wealth citizen.

Questions
1. How can I get to meet the landlord, when he will not meet me?
2. How can I get out of this contract?
3. How can I get my deposit back?
4. Should I with hold on to the last 2 months rent?
5. If I am not able to legally stay here how can I be expected to pay rent?
6. Does anyone have experience of the Small Claims Tribunals. I can not find any awards on line
7. Is it worth it? Do I have a case? 
8. Does anyone have experience of Singapore Mediation Centre ("SMC"). I can not find any awards on line
9. Is it worth it? Do I have a case?
10. Is there any other
11. I have not signed a confidentiality agreement so can the parties be named? I do not intend to here.  But would it be worth while?
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« on: 02 December 2008, 17:06:18 pm »



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Aliya
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« Reply #1 on: 17 December 2008, 13:43:15 pm »

You've had lots of advice on the other thread you posted but here goes:

1. You cant
2. You can find the LL another Tenant.  Or you can leave Singapore and forfeit the deposit.
3.  You can't unless you find a new tenant who then pays you the deposit or pays the LL so he then pays you back.
4.  If you do and leave the country it would be difficult for the LL to find you, however you would be in breach of the contract (a) by leaving and not paying rest of rent under contract; and (b) not paying rent.
5.  Obviously you can't. The only way around that is as per point 2 above.  Or you leave and leave your deposit behind.
6.  Call them.
7.  No you do not have a case at this point.
8  Call them.
9.  Depends on your dispute resolution clause.  But cant see how you failing to remain in the country and not pay rent is a dispute between the parties.
10.  Check online
11.  You are breaching the lease by leaving early, the LL is within his rights to retain the deposit. What has the LL done wrong?  Singapore has very active defamation rights. I would not recommend this.
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Imalwaysright
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« Reply #2 on: 25 July 2011, 21:51:44 pm »

Aliya.......why do people like you make comment only subjects you obviously have no idea about Huh There is a diplomatic clause for foreigners in Singapore that allows the foreigners who lose their jobs  the right to receive their FULL deposit back (no matter how long the rental agreement has left to run). I assume you're a housing agent???
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cmdsea
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« Reply #3 on: 26 July 2011, 10:46:26 am »

PP... Which part of

The contact is a typical tenancy agreement (residential)with the wording that the diplomatic clause shall be applicable only after the tennant has completed a minium of 12 months. (this is not as was explainted to me by agents but is writtern in contract)

did you not understand.? There is no "right" whatsoever to receive your full deposit back. Its whatever is stated in the contract, and by their own admission, the OP is screwed on this one...

 
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jalanperak
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« Reply #4 on: 26 July 2011, 17:17:03 pm »

Aliya.......why do people like you make comment only subjects you obviously have no idea about Huh There is a diplomatic clause for foreigners in Singapore that allows the foreigners who lose their jobs  the right to receive their FULL deposit back (no matter how long the rental agreement has left to run). I assume you're a housing agent???

Aliya makes comments like this because Aliya is right. Yes, the diplomatic clause allows the lease to be broken with two months notice [ibut only ]after 12 months[/i]. This guarantees that the landlord will receive at least 14 months rent on a 24 month lease.

As cmdsea says, the OP was screwed on this one (the post is from 2008).
« Last Edit: 26 July 2011, 17:25:14 pm by jalanperak » Logged
Joseph27
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« Reply #5 on: 31 July 2011, 11:29:47 am »

Aliya.......why do people like you make comment only subjects you obviously have no idea about Huh There is a diplomatic clause for foreigners in Singapore that allows the foreigners who lose their jobs  the right to receive their FULL deposit back (no matter how long the rental agreement has left to run). I assume you're a housing agent???

Aliya is totally correct - if you have doubts you can negotiate a diplomatic clause however that is done at the start of the contract.  From what you have written - you need to find a replacement tenant for them however I wouldn't be too hopeful about your $6k deposit - your bigger problem is getting the final 5 months covered... you can run but you can also find yourself slapped with a law suit and judgement against you. 
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LR6
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« Reply #6 on: 23 August 2011, 5:44:43 am »

Aliya.......why do people like you make comment only subjects you obviously have no idea about Huh There is a diplomatic clause for foreigners in Singapore that allows the foreigners who lose their jobs  the right to receive their FULL deposit back (no matter how long the rental agreement has left to run). I assume you're a housing agent???

Aliya is totally correct - if you have doubts you can negotiate a diplomatic clause however that is done at the start of the contract.  From what you have written - you need to find a replacement tenant for them however I wouldn't be too hopeful about your $6k deposit - your bigger problem is getting the final 5 months covered... you can run but you can also find yourself slapped with a law suit and judgement against you. 

^^^ + 1 Totally agree . Once TA is signed, you are at the mercy of the LL when everything goes to custard. I think this is covered under CERA website.
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