Notes: Black for standard conditions used in general Tenancy Agreement. Brown for clauses applicable to Aparment/Condo. Blueapplicable
for Commercial. Green for Landed. Red for commentary only.
Commentary: Whose Tenancy Agreement should you use? The one prepared by Landlord or by the
Tenant? Such Agreement may be at a disadvantage to the other party. In practice, it is advisable to use the IEA Agreement
like the one used here but for very complicated type, please consult your lawyer. Agents are not legally trained and not supposed
to draft Legal documents or act as legal consultants.
REMARKS
If the property is still under mortgage, seek the mortgagee’s consent in writing before they
are allowed to rent out their properties. Ensure that such consent in writing from the mortgages is obtained. Clause 4 (j) therefore is important.
TENANCY AGREEMENT
AN AGREEMENT made on the _____of __________Two Thousand and Seven (2007)
BETWEEN
___________________________NRIC/ Company Registration 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
REMARKS (Landlord)
1) Make
sure that the Landlord actually owns the premises. Do a title search and check whether the power of attorney (if any) has
a) a court stamp certifying the lodgement at the High Court and
b) that this power of attorney is not expired or withdrawn.
Consult a lawyer to do these checks if there may be potential legal complexities, you should.
2) Determine the registration number,
Either
a) get a copy of the Certificate of Incorporation of the company or
b) obtain a copy of the ROC search ($5) at the Registry of Companies and
Business
or
if your company has an online facility with CommerceAsia(http://www2.commerceasia.com/rcb/rcbibi.htm) on the Internet $3.90 or
c) online facility with Singapore Network Services.
Registered
address: From the legal perspective, there is a big difference between the REGISTERED ADDRESS of the company as opposed to
the business address. The accurate way is to do an ROC search. If you insert the business address, that is NOT the address
to service legal documents, e.g. Writs and demand letter.
INDIVIDUALS: Always photocopy your client’s NRIC or ask them to fax
an enlarged copy so that you can avoid errors.
AND
__________________________ NRIC/ Company Registration No_______________
of _________________________________________________________________(hereinafter called “the Tenant”
which expression shall where the context so admits include the Tenant’s successors and assigns) of the other part.
REMARKS: (Tenant)
If
the tenant is a corporation or a company, must do an ROC search. If the paid-up capital of the company is small, e.g. $2 company,
Landlord may get nothing if he sues the tenant. Get the Directors (Tenants) to sign a Deed of Indemnity and Guarantee on a
joint and severally liable basis.
NOW
IT IS HEREBY AGREED as follows:
1. The Landlord agrees to
let and the Tenant agrees to take all that property known as ___________________________________________________________________(hereinafter
called “the said premises”)
REMARKS:
(Address)
A copy of the Property Tax statement or title search would reflect the proper address.
together
with the furniture, fixtures and fittings therein belonging to the Landlord as specified in the Schedule annexed hereto (hereinafter
called “the furniture”)
REMARKS:
(Furniture)
Don’t
miss out this list (Schedule –List of furniture, fixtures and fittings), you may get involved in a serious squabble
between the Landlord and Tenant. You may be held liable to provide for the difference or the contract may be terminated if
the missing furniture are substantial as to amount to a breach of contract and legal action may be taken against you (the
agent) for breach of duty.
TO
HOLD unto the Tenant from the _____ day of _________________ 200 ____ for a term of ______________________ (_____________)
years, at the rent of DOLLARS ____________________________ ($____________) per
month comprising:
a)
Dollars ____________________ ($_________) being rental
in respect of the said premises;
b)
Dollars ____________________ ($_________) being charges
for the hire of the furniture, fixtures and fittings as per attached Schedule;
REMARKS:
(Maintenance)
Bond
Duty is payable on this
c)
Dollars _____________________________ ($___________)
being maintenance charges; and
d)
Dollars _____________________________ ($___________)
being Goods and Services Tax (GST) payable.
REMARKS:
(GST) If the Landlord company is a GST registered company, don’t forget to insert this amount in.
The
first payment of Dollars ______________________________ ($___________) for the rent for
the period from _________________ to ___________________ is payable on signing of this Agreement. Subsequent payment
of rent ______________ ($_____________) is payable monthly in advance without
deduction whatsoever on the 1st 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 DOLLARS________________________________________ ($________________)
being equal to two (2) 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) 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.
REMARKS:
(Deposit)
The
number of months depends on negotiation. But the practice is 3 years = 3 months and 2 years = 2 months and so on.
If the
Security Deposit is substantial, the security deposit may be in danger if the Landlord goes bankrupt and the property taken
away by the banks.
#1 These monies may be placed with the Landlord’s
lawyer to hold as stakeholders until the expiration of the Tenancy Terms.
#2 The Landlord in return for the deposit gives the
Tenant a Banker’s Guarantee.
In the
above transactions, you should seek the services of a solicitor.
(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.
(h) (For Landed) To take up service contracts with
qualified maintenance contractors to regularly maintain and service the swimming pool, auto-gate, alarm system and pest control
at the expense of the Tenant, copies of the service contracts to be forwarded to the Landlord.
(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 compliant from the occupants of neighbouring premises and not to
use the said premises for any unlawful or immoral purposes,
REMARKS
: The above is for residential leases
*(n)
Not to use the said premises or any part thereof other that a # warehouse/ factory /shop/ office in connection with and for
the purpose of the Tenant’s business and to obtain licences and permits at the Tenant’s expense fro the relevant
authorities where necessary
()#
delete whichever is not appropriate).
REMARKS:
The
above clause is for warehouse /factory / shop/ office. Both parties should sign next to the deletions.
*(o)
(For Commercial) Not to exceed the maximum electricity load and not to load or permit to be loaded on any part of the floors
of the said premises weights exceeding those specified by the Landlord, Management Corporation or other bodies (where applicable).
*(o)
(For Landed) To keep the roof gutters, garden and boundary fences and hedges of the said premises in good order and condition.
(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.
REMARKS
(o) No subletting allowed here without the WRITTEN permission of the Landlord. The second sentence allows the Tenant, if they
are a company to house any of their employees, their Managing Director or their construction workers. If your Landlord is
not comfortable with this you may have to amend the clause accordingly to reflect the wishes of the Landlord as to:
a)
The kind of people he wants to rent the property to
b)
The maximum number of occupants in the property
This
will then be subject to negotiations between the parties.
(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 of 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.
REMARKS:
(illegal tenants)
The
followings clause are very important. Under the Immigration Act, (Cap 133) any person who remains unlawfully in Singapore
for more than 90 days is punishable with 6 months jail and also under section 231 of the Criminal Procedure Code (Cap 68) will be given canning not less than 3 strokes.
(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.
REMARKS:
.Must
exercise the minimum 3 due diligence checks: otherwise Mandatory imprisonment of 6 months to 2 years as well as a fine not
exceeding $6,000 for Landlord and Agents. Check particulars against Passport and verify with proof in writing (fax or through
the internet to Immigration & Checkpoints Authority – Tel: 6391-61000) Verify with proof in writing Student’s
Pass, Professional Visit Pass and Social Pass and Dependant’s Pass with
MOM Tel: 6438-5122
Landlord
must also keep record as proof of physical inspection every 3 months of the premises
and also record particulars of occupants found in the premises and their reasons for being there and verify with the Authority
(keeping name of the official contacted, the date and time of verification) if
foreign tenants passes are still valid.
(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 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
of all matters relating to 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.
REMARKS
(Insurance):
Insurance
policies must be looked at carefully in respect of the validity and exclusion clauses and whether additional top-up is necessary. Even if the inventory is insured by the Tenant, the loss of business profits to tenant/owner
might be very substantial. This MUST be discussed and
(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 condition.
(d) (For Landed) To maintain the structural condition
of the said premises including sanitary pipes and electrical wiring and to keep the roof of 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 of 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.
REMARKS:
Note the 10% late payment interest
(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.
REMARKS:
Tenants should purchase occupier’s liability insurance for third party accidents in the 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 three (3) months’ advance notice (this is in addition to the twelve (12) months aforesaid) in writing
to the Landlord or by paying three (3) 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.
REMARKS:
(Company Lease) The above clause is commonly known as the Diplomatic clause.
(f)
(ii) If this Agreement should be lawfully terminated
by notice in writing by the Tenant before the expiry of the tenancy herein as 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 by the Landlord.
REMARKS
(Commission on premature termination): Highlight this clause to tenants for their consent.
(g) The Landlord shall on the written request of the
Tenant made not less than three (3) 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 the 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. In
the event of failure to reach agreement as to the rent, the rent shall be determined by a valuer to be appointed by the Landlord
and the Tenant, and in the absence of agreement as to the valuer to be appointed, such appointment shall be made at the
request of the parties by the President for the time being of the Institute of Estate Agents (IEA). The costs of the valuer
shall be borne equally between the Landlord and the Tenant.
REMARKS
(Renewal):
Watch
out! Never offer a perpetually renewable option clause that can not be terminated! Important to include “with the exception
of this option for renewal”. In the usual ‘option to renew’
clause “.. to renew this contract at a fair market price subject to mutual agreement” is as good as no option. The price is unclear. It may not be legally binding. However, this clause (in italic)
forces the parties to submit the prevailing price to the determination to a valuer and the parties are bound by this determination.
(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 same time when in due course of
post it would be delivered at the address to which 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.
REMARKS (Stamping): You can make
cash payment at our Taxpayer Services Centre, 55 Newton Road, Revenue House first storey, Singapore 307987 from 8.00am to
5.00pm from Mondays to Fridays and 8.00am to 12.00pm Saturdays. Telephone: 63513697/8
(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.
______________________________ _________________________________
SIGNED
by the Landlord} SIGNED by the Tenant
Name: ________________________ Name: __________________________
NRIC
NO. _____________________ NRIC
NO. ________________________
Address: ______________________
Address: _________________________
______________________________ _________________________________
In the presence of In the presence of
Name: _________________________
Name: ___________________________
NRIC
NO. ______________________ NRIC
NO. _________________________
Address: _______________________ Address: _________________________
________________________________ ________________________________
SCHEDULE
(list of furniture, fixtures and fittings)
Commentary: Both parties (Landlord and Tenant) must initial every page to prevent fraudulent amendments.
Where can I get my documents stamped?
You can get your documents stamped at the stamp duty counters of Inland Revenue Authority of Singapore at:
55 Newton Road
Revenue House
Singapore 307987
(Opposite Novena MRT station)
Taxpayer Services Centre
Opening Hours: Weekdays 8.00 am to 5.00 pm
Saturdays 8.00 am to 1.00 pm
Please complete the requisition form before presenting your document at our counters. The requisition form can
be downloaded at Stamp duty forms.
*Also see:
How to pay your tax? For modes of payment
If you are represented by a tax agent and your tax agent is a subscriber of the e-Stamping system, he can
log on to the Internet and stamp your documents online direct from his office. Payment of stamp duty will be deducted from
your tax agent’s bank account through Giro.
Tax agents who do not subscribe to the e-Stamping system may stamp their documents at the service bureau operated
by CrimsonLogic Pte Ltd at:
230 Victoria Street
# 07 - 02
Bugis Junction Office Tower
Singapore 188024
(Above Bugis MRT station)
Tel: 6339 0798
Opening Hours: Weekdays 8.30 am to 4.00 pm
Saturdays 8.30 am to 11.00 am
