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Thread: How should landlords deal with tenants who refuse to pay rent and don't budge?

  1. #1
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    Default How should landlords deal with tenants who refuse to pay rent and don't budge?

    Just curious, if the tenant refuse to pay rent, what is the proper way for the landlord to get back the condo?


    I have got the following information from the web. Is there any faster way to get back the condo?


    https://getcomfy.co/blog/renting-in-...ancy-disputes/

    The landlord can obtain possession of the house by either effecting a peaceable entry by himself or through a court application. For the landlord to re-enter the house, he should make a formal demand for the errant tenant to leave.

    To do this, the landlord should ensure that he has explicitly stipulated the right of re-entry in the Tenancy Agreement. If the tenant refuses to leave, the landlord may then engage a solicitor to issue a writ of summons for possession and begin proceedings on taking possession of the premises.

    Under s18 of the Conveyancing and Law of Property Act, the landlord must specify the breach the tenant is guilty of, compensation sought and the action to be taken by the tenant.

    The landlord may also apply for a writ of distress under the Distress Act. This means the landlord can claim up to 12 months of rent in arrears. Itís important that the landlord act swiftly in claiming the rent arrears. After that, you must send the notice of seizure of goods and writ of distress to the defaulting tenant. If the tenant doesnít respond within 5 days, the landlord may exercise his right to sell off the goods.

  2. #2
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    if the tenant is a work-pass holder, can I report the case to the ICA?

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    Quote Originally Posted by DCC View Post
    if the tenant is a work-pass holder, can I report the case to the ICA?
    who is your agent

  4. #4
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    you are lucky enough if your property is still intact and tenant did not just drop the key and disappear.

    In general, landlords' interest is not safeguarded

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    Quote Originally Posted by Laguna View Post
    you are lucky enough if your property is still intact and tenant did not just drop the key and disappear.

    In general, landlords' interest is not safeguarded
    With the right agent, the owner is safe.

    With the wrong one Good luck.

    All the Digital disruption is only up to a certain limit to replace agent otherwise all agent at the field eating grass now.

    10,000 agent to go for the next few years.

  6. #6
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    Quote Originally Posted by Arcachon View Post
    With the right agent, the owner is safe.

    With the wrong one Good luck.

    All the Digital disruption is only up to a certain limit to replace agent otherwise all agent at the field eating grass now.

    10,000 agent to go for the next few years.
    Do you mean - in case, the tenant default the rental payment, I need to ask the agent for help?

    I used to ask my current agent above this matter but he said that he had not deal with this situation before =.=


    That's why I would like to seek for the advice from the property experts in this forum

  7. #7
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    Quote Originally Posted by DCC View Post
    Do you mean - in case, the tenant default the rental payment, I need to ask the agent for help?

    I used to ask my current agent above this matter but he said that he had not deal with this situation before =.=


    That's why I would like to seek for the advice from the property experts in this forum
    Do you mean - in case, the tenant default the rental payment, I need to ask the agent for help?

    Yes, this is the best time to know your agent is up to mark.

    Time to change Agent.

    For the rental agent who gives this type of reply is as good as please help yourself.

  8. #8
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    Quote Originally Posted by Arcachon View Post
    With the right agent, the owner is safe.

    With the wrong one Good luck.

    All the Digital disruption is only up to a certain limit to replace agent otherwise all agent at the field eating grass now.

    10,000 agent to go for the next few years.
    Good or lousy tenants a lot is up to luck. Not much agent can do to suss out.

  9. #9
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    Quote Originally Posted by august View Post
    Good or lousy tenants a lot is up to luck. Not much agent can do to suss out.
    Investor Agent do know a bit more.

    Have give similar advise before, tenant pay immediately.

    Do anyone remember my song can sing on my behalf.

  10. #10
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    Quote Originally Posted by Arcachon View Post
    Investor Agent do know a bit more.

    Do anyone remember my song can sing on my behalf.
    I am a newbie, would you tell me more about it?

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    There usually is a right of re-entry clause within 7 days upon rental default, and a separate rental default clause, within the tenancy agreement. It is in the standard templates. This serves to help landlords take tenant to task. Anyway, the security deposit ought to cover it.

    I found this link quite useful. Not that I have any experience in dealing with such scenarios, but I am sure an experienced agent will be able to advise. Hope this helps.

    https://singaporelegaladvice.com/law...hts-singapore/

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    Quote Originally Posted by new2mondrian View Post
    There usually is a right of re-entry clause within 7 days upon rental default, and a separate rental default clause, within the tenancy agreement. It is in the standard templates. This serves to help landlords take tenant to task. Anyway, the security deposit ought to cover it.

    I found this link quite useful. Not that I have any experience in dealing with such scenarios, but I am sure an experienced agent will be able to advise. Hope this helps.

    https://singaporelegaladvice.com/law...hts-singapore/
    It is similar to the information that I can get from Google.
    Do anyone know the fees that the solicitor would charge to issue a writ of summons for possession?




    "Where a tenant has breached the terms of the tenancy agreement, such as by his failure to pay rent, a landlord may forfeit the tenancy and re-enter the premises to evict his tenants.

    What does forfeiture entail? It means that the landlord can obtain possession of the premises either by effecting a peaceable entry by himself, or by process of law through an application to the court.

    Generally, forfeiture will not be invoked unless the tenant fails to pay up despite being given opportunities to do so. To re-enter the premises, the landlord needs to make a formal demand for the tenant to leave the premises. If the tenant does not submit, the usual practice is to invoke the services of a solicitor to issue a writ of summons for possession, and begin legal proceedings for taking possession.

    To do this, the landlord should make sure that he has expressly stipulated a right of re-entry in the tenancy agreement. The landlord must also serve a notice, under s18 of the Conveyancing and Law of Property Act, specifying the breach complained of, the compensation sought, and the remedy to be undertaken by the tenant."

  13. #13
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    Quote Originally Posted by DCC View Post
    I am a newbie, would you tell me more about it?
    Pm

    https://www.facebook.com/Teo.See.Hwa

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    It is unnecessary to use your lawyer. The legal fee can be higher than your outstanding amount of rent.

    Below is from my book No B.S. Guide to Property Investment. Hope it helps.

    Be upfront with tenants on the penalty

    Specify in every tenancy agreement that, if the rent remains unpaid for seven days, the tenant shall pay to the landlord an interest of 12 percent per annum. The interest is to be computed daily from the original due date until the date the landlord receives the outstanding payment.

    If you donít receive any rent on the due date, allow a grace period of five days before you send your tenant the first reminder. Remind your tenant about the interest charged on any late payment.

    How to evict bad tenants

    After sending the ultimatum, it is legal to end the tenancy and for the landlord to re-enter the property. The landlord can liaise with the property agent to do a lock-out when the tenant is away.

    The tenant can arrange with the property agent to collect personal belongings after clearing all outstanding payments.

  15. #15
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    Quote Originally Posted by vip View Post
    It is unnecessary to use your lawyer. The legal fee can be higher than your outstanding amount of rent.

    Below is from my book No B.S. Guide to Property Investment. Hope it helps.

    Be upfront with tenants on the penalty

    Specify in every tenancy agreement that, if the rent remains unpaid for seven days, the tenant shall pay to the landlord an interest of 12 percent per annum. The interest is to be computed daily from the original due date until the date the landlord receives the outstanding payment.

    If you don’t receive any rent on the due date, allow a grace period of five days before you send your tenant the first reminder. Remind your tenant about the interest charged on any late payment.

    How to evict bad tenants

    After sending the ultimatum, it is legal to end the tenancy and for the landlord to re-enter the property. The landlord can liaise with the property agent to do a lock-out when the tenant is away.

    The tenant can arrange with the property agent to collect personal belongings after clearing all outstanding payments.
    Thanks!

  16. #16
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    Quote Originally Posted by vip View Post
    It is unnecessary to use your lawyer. The legal fee can be higher than your outstanding amount of rent.

    Below is from my book No B.S. Guide to Property Investment. Hope it helps.

    Be upfront with tenants on the penalty

    Specify in every tenancy agreement that, if the rent remains unpaid for seven days, the tenant shall pay to the landlord an interest of 12 percent per annum. The interest is to be computed daily from the original due date until the date the landlord receives the outstanding payment.

    If you donít receive any rent on the due date, allow a grace period of five days before you send your tenant the first reminder. Remind your tenant about the interest charged on any late payment.

    How to evict bad tenants


    After sending the ultimatum, it is legal to end the tenancy and for the landlord to re-enter the property. The landlord can liaise with the property agent to do a lock-out when the tenant is away.

    The tenant can arrange with the property agent to collect personal belongings after clearing all outstanding payments.
    Hello VIP


    I have checked with my lawyer before. They mentioned if you go and lock up the apartment but tenant can turn around and sue for loss of items in the premises. Can be very lengthy and troublesome if go possess the property on our own.

    What's your view?

  17. #17
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    You don't go there yourself. You go there with the tenant's agent + your agent. In their presence, ask a moving company and move their things to a warehouse for 1-2 months. After that, dispose off. I don't think someone who can't pay rent has the money to sue. LOL. Also in the TA, there is a clause allowing owner to re-enter. Most important is have independent witnesses.

    Of course, best is still to check with your lawyers.

  18. #18
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    Quote Originally Posted by vip View Post
    It is unnecessary to use your lawyer. The legal fee can be higher than your outstanding amount of rent.

    Below is from my book No B.S. Guide to Property Investment. Hope it helps.

    Be upfront with tenants on the penalty

    Specify in every tenancy agreement that, if the rent remains unpaid for seven days, the tenant shall pay to the landlord an interest of 12 percent per annum. The interest is to be computed daily from the original due date until the date the landlord receives the outstanding payment.

    If you donít receive any rent on the due date, allow a grace period of five days before you send your tenant the first reminder. Remind your tenant about the interest charged on any late payment.

    How to evict bad tenants

    After sending the ultimatum, it is legal to end the tenancy and for the landlord to re-enter the property. The landlord can liaise with the property agent to do a lock-out when the tenant is away.

    The tenant can arrange with the property agent to collect personal belongings after clearing all outstanding payments.
    My agent and I went down personally to meet my tenant and asked him to pay my outstanding rental which is 2 weeks overdue (despite us chasing and chasing). We gave him a due date to pay and if he still didn't pay, he had to leave. In the end, he ran away with my keys and access cards without us knowing. So, wonder whether should we give the tenant advance notice about asking him to leave or without giving him any warning, just locked the house when he is not at home ?

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