Tenancy Agreement

 

The Tenancy Agreement sets out the rules landlords and tenants agree to follow in their rental relationship.

It is a legal contract, as well as an immensely practical document full of crucial business details, such as how long the tenant can occupy your property and the amount of rent due each month. Be sure your agreement complies with all relevant policies and local laws including occupancy rules, immigration policy, Condominium management rules and regulations, security deposits, notice requirements for entering rental property, diplomatic clauses or rules for changing or ending a tenancy and more.

The Tenancy Agreement below is a typical Tenancy agreement that most landlords or the landlord's agents use in Singapore. As every case differs, the Tenancy agreement will be amended to suit each situation. If in doubt, please consult your solicitors.

 

 

TENANCY AGREEMENT
(Condominium / Apartment)


AN AGREEMENT made on the ______ day of _______________ 200___.

BETWEEN

_______________________________ NRIC/Company ROC No. __________ of
_________________________________________________________________ (hereinafter called "the Landlord" which expression shall where the context so admits include the person entitled for the time being to the reversion immediately expectant on the term hereby created) of the one part

AND

__________________________________________NRIC /Company ROC____ of
________________________________________________________________
(hereinafter called "the Tenant" which expression shall where the context so admits include the Tenant's successors and assigns) of the other part.

NOW IT IS HEREBY AGREED as follows:


1. The Landlord agrees to let and the Tenant agrees to take all that property known as ______________________________________________________ (hereinafter called "the said premises") together with the furniture, fixtures and fittings therein belonging to the Landlord as specified in the Schedule annexed hereto (hereinafter called “the furniture”) TO HOLD unto the Tenant from the ___ day of ________________ 200___ for a term of (____) years, at the rent of DOLLARS
__________________________________________ (S$_________ ) per month comprising:

(a) Dollars ____________________________________(S$ _________) being rental in respect of the said premises;
(b) Dollars ____________________________________(S$__________) being charges for the hire of the furniture, fixtures and fittings as per attached Schedule;
(c) Dollars ___________________________________(S$__________) being maintenance charges.

The first payment of rent is payable on the signing of this Agreement and subsequent payment of rent payable monthly in advance without deduction whatsoever on the ____ day of each month.


2. The Tenant hereby agrees with the Landlord as follows:

(a) To pay the said rent at the times and in manner aforesaid.

(b) To pay a deposit of DOLLAR _____________________________________ (S$_________) being equal to (___) months rent upon the signing of this Agreement (the receipt whereof the Landlord hereby acknowledges) as security against the breach of any term or condition of this Agreement, such deposit to be refunded (free of interest) within seven (7) days after the expiry or lawful termination of this tenancy. This deposit shall not be utilised as set-off for any rent due and payable during the currency of this Agreement.

(c) To pay all charges due in respect of any telephones, television or radio license fees, cable television or other equipment installed at the said premises, including any tax payable thereon.

(d) To pay all charges for the supply of water, electricity, gas and any water borne sewerage system, any such installations installed or used at the said premises, including any tax payable thereon.

(e) To keep the interior of the said premises including the sanitary and water apparatus and the furniture and the doors and windows thereof in good and tenantable repair and condition throughout this tenancy (fair wear and tear and damage by any act beyond the control of the Tenant excepted).
(f) To permit the Landlord and its agents, surveyors and workmen with all necessary appliances to enter upon the said premises at all reasonable times by prior appointment for the purpose whether of viewing the condition thereof or of doing such works and things as may be required for any repairs, alterations or improvements whether of the said premises or of any parts of any building to which the said premises may form a part of or adjoin.

(g) To be responsible for all minor repairs and replacement of parts and other expendable items at its own expense up to Dollars One Hundred (S$100.00) per item. Such expenditure in excess of Dollars One Hundred (S$100.00) shall be borne by the Landlord.

(h) To comply with all such rules and regulations and terms and conditions as may be imposed from time to time on occupiers of the building by the Management Corporation or other bodies (where applicable) for the proper management of the same.

(i) To yield up the said premises at the expiration or sooner determination of this tenancy in such good and tenantable repair and condition (fair wear and tear excepted) as shall be in accordance with the conditions, covenants and stipulations herein contained and with all locks keys and the furniture.

(j) To keep the air-conditioning units installed at and for the said premises in good and tenantable repair and condition which air-conditioning units are to be serviced and maintained at least once every three (3) months at the expense of the Tenant by a reliable air-conditioning contractor, a copy of the service contract to be forwarded to the Landlord.

(k) During the two (2) months immediately preceding the expiration of the tenancy herein to permit the Landlord or its representatives at all reasonable times and by prior appointment to bring interested parties to view the said premises for the purpose of letting the same.

(l) During the currency of this tenancy, to allow the Landlord or its representatives at all reasonable times and by prior appointment to bring any interested parties to view the said premises in the event of a prospective sale thereof. The said premises shall be sold subject to this tenancy.

(m) Not to make or permit to be made any structural alterations to the said premises.

(n) To use the said premises strictly as a private residence only and not to do or permit to be done upon the said premises any act or thing which may be or may become a nuisance or annoyance to or in any way interfere with the quiet or comfort of any other adjoining occupiers or to give reasonable cause for complaint from the occupants of neighbouring premises and not to use the said premises for any unlawful or immoral purposes.

(o) Not to assign sublet or part with the possession of the said premises or any part thereof without the written consent of the Landlord which consent shall not be unreasonably withheld in the case of a respectable and responsible tenant. This prohibition shall not apply to the occupation of the said premises or any part thereof by any person or persons employed or engaged by the Tenant or members of the Tenant’s family where applicable.

(p) Not to keep or permit to be kept on the said premises or any part thereof any materials of a dangerous or explosive nature or the keeping of which may contravene any statute or subsidiary legislation.

(q) Not to do or permit to be done anything whereby the policy or policies of insurance on the said premises against damage by fire may become void or voidable or whereby the premium thereon may be increased.

(r) To ensure that at all times during the currency of this Agreement that the Tenant and/or permitted occupants are in compliance with all the rules and regulations relating to the Immigration Act and the Employment of Foreign Workers Act (if applicable) and any other law in the Republic of Singapore which relates to foreign residents. Further, to provide the Landlord upon request physical inspection of all immigration and employment documents, including but not limited to the passports of all non-local occupants, the employment pass and/or work permits, and proof of employment, and to provide the Landlord with certified true copies of such documents. Further, to authorise, permit and co-operate with the Landlord to make such enquiries with relevant government departments and/or employers to verify the same.

(s) To ensure that during the currency of this Agreement to be lawfully resident and employed in the Republic of Singapore and if there is any change in the immigration and/or employment status of the Tenant and/or permitted occupants, to inform the Landlord in writing no less than 14 days prior to such change of immigration or employment status, or if such change cannot be anticipated, to inform the Landlord immediately upon receipt of such notice.

(t) To indemnify and keep indemnified the Landlord for all matters relating to the immigration and employment status of the Tenant and/or permitted occupants to the full extent as allowed by the laws of the Republic of Singapore.


3. The Landlord hereby agrees with the Tenant as follows:

(a) To pay all rates, taxes, maintenance charges and any surcharges thereon, assessments and outgoings (except as otherwise provided in this Agreement) which are or may hereafter be charged or imposed on the said premises including any surcharges payable thereon.

(b) To insure the said premises against loss or damage by fire and to pay all premium thereon.

(c) To be responsible for the repair and replacement of parts in respect of the air-conditioning units installed at the said premises save where the same are caused by any act, default, neglect or omission on the part of the Tenant or any of its servants agents occupiers contractors guests or visitors.

(d) To maintain the said premises in good and tenantable repair and condition.

(e) That the Tenant paying the rent hereby reserved and observing and performing the several conditions, covenants and stipulations on the Tenant's part herein contained shall peaceably hold and enjoy the said premises during this tenancy without any interruption by the Landlord or any person rightfully claiming under or in trust for the Landlord.

4. Provided always and it is expressly agreed as follows:

(a) If the rent hereby reserved shall not be paid for seven (7) days after its due date or if there shall be a breach of any of the conditions, covenants or stipulations on the part of the Tenant herein contained, the Landlord shall be entitled to re-enter upon the said premises and thereupon this tenancy shall immediately absolutely determine but without prejudice to any right of action of the Landlord for damage or otherwise in respect of any such breach or any antecedent breach.

(b) In the event the rent remaining unpaid seven (7) days after becoming payable (whether formally demanded or not), it shall be lawful for the Landlord to claim interest at ten percent (10%) per annum on the amount unpaid calculated from after the date due to the date of actual payment.

(c) The Landlord shall not be liable to the Tenant or the Tenant’s servants agents or agents or other persons in the said premises or persons calling upon the Tenant for any accidents happening, injury suffered, damage to or loss of any chattel property sustained on the said premises.

(d) In case the said premises or any part thereof shall at any time during this tenancy be destroyed or damaged by fire lightning riot explosion or any other cause beyond the control of the parties hereto so as to be unfit for occupation and use, then and in every such case (unless the insurance money shall be wholly or partially irrecoverable by reason solely or in part of any act, default, neglect or omission of the Tenant or any of their servants agents occupiers guests or visitors), the rent hereby reserved or a just and fair proportion thereof according to the nature and extent of the destruction or damage sustained shall be suspended and cease to be payable in respect of any period while the said premises shall continue to be unfit for occupation and use by reason of such destruction or damage.

(e) In case the said premises shall be destroyed or damaged as aforesaid, either party shall be at liberty by notice in writing to the other determine this tenancy, and upon such notice being given, this tenancy or the balance thereof shall absolutely cease and determine and the deposit paid hereunder together with a reasonable proportion of such advance rent as has been paid hereunder, where applicable, shall be refunded to the Tenant forthwith but without prejudice to any right of action of either party in respect of any antecedent breach of this Agreement by the other.

* (f) (i) Notwithstanding anything herein contained, if at any time after the expiration of twelve (12) months from the date of the commencement of this tenancy, the immediate occupant of the said premises, Mr ______________________ shall be transferred out of the Republic of Singapore permanently by his firm, ceased to be employed by the Tenant or if for any cause whatsoever he shall be ordered to leave the Republic of Singapore, then and in such a case, it shall be lawful for the Tenant to determine this tenancy by giving not less than (___) months' advance notice (this is in addition to the twelve (12) months aforesaid) in writing to the Landlord or by paying (___) months' rent in lieu of such notice. Documentary evidence of such transfer, cessation or order shall be required and such notice shall be deemed to have commenced on such date as the Landlord shall have actually received such evidence.

(ii) If this Agreement should be lawfully terminated by notice in writing by the Tenant before the expiry of the tenancy herein aforesaid, the Tenant shall refund to the Landlord, pro rata, the commission of Dollars ___________________________________________________________ (S$_____________), paid by the Landlord to his real estate agency _____________________________________ House Agent Licence No.________________ of _____________________________________
______________________________________________. The Landlord shall be entitled to deduct such refund from the deposit held by the Landlord.

(g) The Landlord shall on the written request of the Tenant made not less than (__) 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 (__) years from the date of expiry of this tenancy at a rent to be agreed based on the prevailing market rent but otherwise containing the like conditions, covenants and stipulations as are herein contained with the exception of this option for renewal.

(h) Notwithstanding anything herein contained, if at any time during the term of this Agreement, any prohibited immigrant is found on the said premises or there is any change in the immigration and/or employment status of the Tenant and/or permitted occupants and the Tenant and/or permitted occupants is/are no longer allowed to reside in the Republic of Singapore, this Agreement shall immediately be terminated and the security deposit forfeited by the Landlord without prejudice to any right of action of the Landlord in respect of any breach of this Agreement by the Tenant.

(i) Should the said premises be affected by En-bloc Redevelopment, it shall be lawful for the Landlord to determine this tenancy by giving not less than (___) months advance notice in writing to the Tenant and to refund the security deposit (free from interest) to the Tenant without prejudice to any right of action of the Landlord in respect of any breach of this Agreement by the Tenant.

(j) The Landlord warrants that where the premises is mortgaged or charged or subjected to other such encumbrances, the Landlord has obtained the prior written consent of the financial institutions for the lease of the said premises.

(k) The waiver by either party of a breach or default of any of the provisions in this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions nor any delay or omission on the part of either party to exercise or avail itself of any right that it has or may have herein, operates as a waiver of any breach or default of the other party.

(l) Any notice served under or in any way in connection with this Agreement shall be sufficiently served on the Tenant if left at the said premises or delivered to the Tenant personally or sent to the Tenant at the said premises by registered post and shall be sufficiently served on the Landlord if delivered to the Landlord personally or sent to the abovementioned address by registered post. Any notice sent by registered post shall be deemed to be given at the time when in due course of post it would be delivered at the address to which it is sent.

(m) The stamp duty for stamping this Agreement in duplicate shall be borne by the Tenant and shall be paid on the date of signing of this Agreement.

(n) This Agreement shall be subject to the laws of the Republic of Singapore and the parties herein submit themselves to the jurisdiction of the Singapore Courts.

IN WITNESS WHEREOF the parties have hereunto set their hands the day and year first above written.



Sign by Landlord __________________________



Sign by Tenant ___________________________


 

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