Free Guide: Tenancy Clauses You need to know before renting

Tenancy Clauses: Signing a tenancy agreement in Singapore signifies the start of a new chapter in your living arrangement. While excitement fills the air, it’s crucial to carefully navigate the legal terrain laid out in the agreement. Buried within seemingly mundane clauses are essential details impacting your rights and responsibilities as a tenant. To ensure a smooth tenancy experience, let’s delve into some key tenancy clauses you should pay close attention to:

1. Rent and Late Payment:

• Rental amount and frequency: Understanding the exact amount and due date of your rent is paramount. Check if rent includes utilities or if they are charged separately.
• Late payment interest: Be aware of the late payment interest rate and any grace period before it applies. Negotiate for a reasonable grace period if possible.
• Payment methods: Confirm accepted payment methods (e.g., bank transfer, cheques) and ensure they align with your preferences.

2. Minor Repairs:

• Tenant responsibility: Agreements often specify a threshold for repair costs you bear for “minor wear and tear.” Clarify this amount and examples of covered repairs.
• Landlord responsibility: Understand which repairs fall under the landlord’s purview, such as concealed plumbing issues or major appliance breakdowns.
• Dispute resolution: If disagreements arise regarding repair responsibility, the agreement might outline a mediation process or recourse to relevant authorities.

3. Use of Premises:

• Permitted occupants: Confirm the number of occupants allowed and if additional occupants require approval or incur extra charges.
• Restrictions on usage: Look for clauses prohibiting specific activities (e.g., pets, loud music, commercial activities) and their potential consequences for violation.
• Subletting: Understand the terms for subletting, if permitted, and any associated fees or restrictions.

4. Maintenance and Inspections:

• Tenant obligations: Agreements typically outline your responsibility to maintain the property in a clean and good condition. Clarify expectations for routine maintenance tasks.
• Landlord access: The agreement should specify circumstances and notice periods for the landlord to access the property for inspections, repairs, or any emergencies.
• Right to privacy: Ensure the agreement respects your privacy and restricts unnecessary landlord access.

5. Deposit and Security:

• Security deposit amount: Be mindful of the maximum security deposit allowed under Singapore law (not exceeding one month’s rent).
• Deductions from deposit: Understand what justifies deductions from your deposit, such as unpaid rent, property damage beyond normal wear and tear, or cleaning beyond reasonable expectations.
• Returning the deposit: Clarify the timeline and conditions for returning your deposit upon successful tenancy completion.

6. Diplomatic Clause and Early Termination:

• Diplomatic Clause: Understand that there is a minimum period of stay before you can exercise the diplomatic clause and what is payable to the landlord as compensation.
• Early termination clauses: Understand the consequences of early termination by either party, including potential penalties or compensation.
• Yielding up the premises: The agreement should detail expectations for returning the property in its original condition, considering normal wear and tear.

7. Dispute Resolution:

• Mediation: Agreements often encourage resolving disputes through mediation before resorting to legal action. Understand the mediation process outlined.
• Legal recourse: Be aware of your legal rights and options if mediation fails and legal action becomes necessary.

8. Some other Tenancy Clauses:

• Renovations and alterations: Understand if you require written permission for any alterations or renovations and any associated costs.
• Force majeure: The agreement might include a clause outlining responsibilities in case of unforeseen circumstances like natural disasters.

Remember, a tenancy agreement is a legal document. Don’t hesitate to seek clarification from your landlord or a qualified professional if any tenancy clauses are unclear. Negotiating certain terms might be possible, especially if they deviate from standard practices. Finally, keep a copy of the signed agreement for your reference throughout the tenancy period.

By understanding these key tenancy clauses, you empower yourself to navigate your tenancy with confidence and clarity. Happy renting!