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hycondo
31-07-10, 21:39
Hi
if I rent a unit with proper contract. Halfway through landlord sell away the house. Is it right for the landlord to tell the tenant to move by giving them a notice period?
How to settle on the remaining tenancy period?
Anyone Any advice

DC33_2008
31-07-10, 21:46
This clause should be in your tenancy agreement.

hycondo
31-07-10, 22:06
This clause should be in your tenancy agreement.
Sorry what clause?

spikey69
31-07-10, 23:04
Sorry what clause?

whether the landlord can give u notice to move when he sells the unit

isaaclim
31-07-10, 23:39
Hi
if I rent a unit with proper contract. Halfway through landlord sell away the house. Is it right for the landlord to tell the tenant to move by giving them a notice period?
How to settle on the remaining tenancy period?
Anyone Any advice

Just look for the exist clause! The statement talk about compensation when the contract is premature terminated.

Squall8888
31-07-10, 23:53
Usually cannot. Need to rent finish. But you need to voice it out by giving them an official notice. If you move out without saying anything, it will be a BIG disadvantage to you if this go to court. But still, no. No need to move out in normal circumstances.



Hi
if I rent a unit with proper contract. Halfway through landlord sell away the house. Is it right for the landlord to tell the tenant to move by giving them a notice period?
How to settle on the remaining tenancy period?
Anyone Any advice

DC33_2008
01-08-10, 08:07
Is there a clause,"Sale of Premise"?

sfwoo
01-08-10, 09:36
There is sometimes a "sell with tenancy" option.
There is sometimes a 1-3months notice to terminate tenancy agreement, can be by either party.
If written in the contract, nothing tenant can do.
If not written, can fight legally, but waste time and energy.
So many units for rent in market, easier to just find another unit and move out.

EBD
01-08-10, 11:36
There is sometimes a "sell with tenancy" option.
There is sometimes a 1-3months notice to terminate tenancy agreement, can be by either party.
If written in the contract, nothing tenant can do.
If not written, can fight legally, but waste time and energy.
So many units for rent in market, easier to just find another unit and move out.

If no clause exists that says the landlord can terminate tenancy early with given x months notice to the tennant, then he is in a legally binding contract to rent the apartment to you until the end date of your agreement.

Make sure the landlord knows that you appreciate this point.
If you like the place, stay there.
If you don't & want to move, demand compensation for the early move anyway, he is after all inconveniencing so make him pay up.

I wouldn't say fighting is a waste of time & energy, some of these landlord just don't know how to behave in an honourable way.

If a tenant wanted to end their tenancy early, can he morally just walk away? The reverse must also be true.

You can go through the small claims court if your claim is less than 10,000
It's cheap & fast and is way of impressing on the landlord that he won't be able to make it drawn out & expensive to discourage you from making him stick to an agreement he made.

Anyhow, the only way to know is to look at your tenancy agreement to find your actual situation.

Just my 2c

hycondo
01-08-10, 13:53
Thank you all for your kind advise. The agreement only states that tenant should allow viewers into the house for potential sales. However no mentioning/clause indicate of tenancy termination upon sale of the house.

ykyy
01-08-10, 13:58
What happen if a tenancy agreement is not stamped? Is it still consider legally binding?

DC33_2008
01-08-10, 14:32
What happen if a tenancy agreement is not stamped? Is it still consider legally binding?

Signatures of owner, tenant and 2 witnesses are important as both parties has agreed on the terms and conditions with two witness in the agreement.

isaaclim
01-08-10, 14:33
Thank you all for your kind advise. The agreement only states that tenant should allow viewers into the house for potential sales. However no mentioning/clause indicate of tenancy termination upon sale of the house.

Every contract will have a exit clause. A statement stating compensation if the contract is premature terminated.

Most likely is x months of advance notice or rental compensation.

DC33_2008
01-08-10, 14:36
Tenancy agreement will also include a clause whereby the other party who breach the contract to pay for the commission to the agent proportionally before giving 3 months notice. Remember to send notice in writing.

Douk
01-08-10, 15:10
What happen if a tenancy agreement is not stamped? Is it still consider legally binding?

if it is not stamped, then there is no legal binding. that's why tenant is the one paying for stamp fee, that is to protect them.

Douk
01-08-10, 15:22
Every contract will have a exit clause. A statement stating compensation if the contract is premature terminated.

Most likely is x months of advance notice or rental compensation.

The usual tenancy agreement does not has a exit clause..Usual practice is to compensate remaining months of tenancy agreement.

so far my purchase with tenancy transfer have not seen agreement with exit clause (only with dplomatic clause). I guess, this is a term that potential tenant find it hard to accept especially corporate tenancy.

axela_3
02-08-10, 16:53
But what happens if it's the tenant that breaks the agreement? Does it mean that he has to compensate the owner for the remaining term on his lease?


The usual tenancy agreement does not has a exit clause..Usual practice is to compensate remaining months of tenancy agreement.

so far my purchase with tenancy transfer have not seen agreement with exit clause (only with dplomatic clause). I guess, this is a term that potential tenant find it hard to accept especially corporate tenancy.

silver023
02-08-10, 17:01
Some agreements these days don't provide for early termination or even compensation in case of termination. So at the end of the day, when termination happens, it's a matter of negotiation between landlord and tenant.

proud owner
03-08-10, 00:15
Some agreements these days don't provide for early termination or even compensation in case of termination. So at the end of the day, when termination happens, it's a matter of negotiation between landlord and tenant.

quite useless

if you rent out a MM units for say 2.3k a mth ..

keep 2 mth deposits ..

and tenant decides to leave after 6mth ..say a 2 yr lease ..

if mkt rent goes up i am sure landlord will let him go .. can tenant then get back some of the depo ? afterall landlord will be getting a higher rent ..

if rental falls .. he decides to pack and go WITHOUT tell you ..
what can u do ?

i have a friend who once rented a 2 bedroom unit in D1 to a banker ..
who lost his job later .. and he left just like that .. and funny thing is he actually called my friend, the landlord .. at the airport ..that he is leaving .. and has moved out ..

my friend suffered like 6mths without a replacement ..

with or without contract .. theres really not much landlord can do ..especially if the rent is like 2-4k type

if you are talking about GCB of those 20k rent a mth ..then of course you can try take him to court ..and shame the tenant ..

axela_3
03-08-10, 12:27
That's quite sad. Then it actually goes to show that contracts are practically meaningless and only acts as form of psycological barrier. The way I see it, the landlord usaually stands to lose out more than tenants.


quite useless

if you rent out a MM units for say 2.3k a mth ..

keep 2 mth deposits ..

and tenant decides to leave after 6mth ..say a 2 yr lease ..

if mkt rent goes up i am sure landlord will let him go .. can tenant then get back some of the depo ? afterall landlord will be getting a higher rent ..

if rental falls .. he decides to pack and go WITHOUT tell you ..
what can u do ?

i have a friend who once rented a 2 bedroom unit in D1 to a banker ..
who lost his job later .. and he left just like that .. and funny thing is he actually called my friend, the landlord .. at the airport ..that he is leaving .. and has moved out ..

my friend suffered like 6mths without a replacement ..

with or without contract .. theres really not much landlord can do ..especially if the rent is like 2-4k type

if you are talking about GCB of those 20k rent a mth ..then of course you can try take him to court ..and shame the tenant ..