Housing Agent

[Scb11980]

Too angry liao, so type too fast. Should be:

 

"But the housing agent told us that this TENANT has personal problem, and request us to let him go instead."

 

The agreement protects my interest, but this Tenant is a nice chap, only problem is the agent.

Some more, the agreement is drafted by the agent, he is contradicting himself to protect interest of the Tenant.

This could be the way he is trying to earn more commission.

 

in this case

the commission is pro-rata

so the tenant in general has to pay you the commission (1/2 month as he already stayed for 6 months)

 

in reality tenant has to pay for 12 months rental unless exercise diplomatic clause

other reasons not entertained

 

what have been done before in my case

the tenant engage a property agent to look for a replacement tenant at his own expense for me

to make up for the short fall

 

 

[Scb11980]

No worry, he is not leaving Singapore because he has a biz here, just that his condo is rented out, therefore he is renting my flat for 1 year only.

Recently he told us that his son's school is very far away, so thought of terminating early.

 

The clause is:

Notwithstanding anything herein contained the said term may at any time after the expiration of the first six (6) months of the said term be determined on documentary evidence that the immediate occupant has ceased or is about to cease to be employed in Singapore or is to be posted out of Singapore permanently during the said term and the Tenant gives to the Landlord two (2) calendar's months' notice in writing of the Tenant's intention to determine the tenancy or two (2) months' rent and hiring in lieu of such notice.

 

It's clear that we will win the case, but since this tenant is good, we may compromise with him, but not the ugly agent.

 

the tenant will always be nice to you

in this case

you do expect the tenant to be nasty

 

he needs you to say yes to allow him to break the tenancy

 

if he is also a landlord, he should know better

 

 

[SimonTan]

Rent out own condo....and go rent TS condo?

Wow. Many rich people around.

 

[Sorrow]

No worry, he is not leaving Singapore because he has a biz here, just that his condo is rented out, therefore he is renting my flat for 1 year only.

Recently he told us that his son's school is very far away, so thought of terminating early.

 

The clause is:

Notwithstanding anything herein contained the said term may at any time after the expiration of the first six (6) months of the said term be determined on documentary evidence that the immediate occupant has ceased or is about to cease to be employed in Singapore or is to be posted out of Singapore permanently during the said term and the Tenant gives to the Landlord two (2) calendar's months' notice in writing of the Tenant's intention to determine the tenancy or two (2) months' rent and hiring in lieu of such notice.

 

It's clear that we will win the case, but since this tenant is good, we may compromise with him, but not the ugly agent.

 

Usually in such clause whether Termination or Diplomatic, there should a compensation clause indicated something like this:

In the above event, the Tenant shall undertake to reimburse to the Landlord on a

pro-rata basis calculated by reference to the unexpired term of the leased period

the brokerage fee paid by the Landlord to the brokers for procuring the Tenant.

 

But whatever is said by him on compensation for premature termination, document in black and white. Anyways, he need to stay minimum 8 months based on what you stated. 6months + 2 months notice/rental in lieu of such notice. Anyways, this is a Diplomatic Clause, not Termination clause, so you have the right not to allow him to break lease but since you say he gentleman, your call.

 

For info

Edited May 3, 2012 by Sorrow

[Vid]

Usually in such clause whether Termination or Diplomatic, there should a compensation clause indicated something like this:

In the above event, the Tenant shall undertake to reimburse to the Landlord on a

pro-rata basis calculated by reference to the unexpired term of the leased period

the brokerage fee paid by the Landlord to the brokers for procuring the Tenant.

 

But whatever is said by him on compensation for premature termination, document in black and white. Anyways, he need to stay minimum 8 months based on what you stated. 6months + 2 months notice/rental in lieu of such notice. Anyways, this is a Diplomatic Clause, not Termination clause, so you have the right not to allow him to break lease but since you say he gentleman, your call.

 

For info

 

How easy is it to enforce compensation? Sue the bugger? How successful would it be? And the cost involve?

[Sorrow]

How easy is it to enforce compensation? Sue the bugger? How successful would it be? And the cost involve?

 

Seriously never encounter a situation to the extent of having Landlords to sue Tenants, so not too sure. Cause of the legal costs I think is not worth it. Unless you talking about bungalows rental which recently came out on papers if IIRC

[Plim72]

I have engaged a housing agent 6 months ago, the house should be rented for 1 year.

Recently, the tenant wants to move out, telling us that the agreement allows for termination after 6 months of living.

When I checked the agreement, it says he can terminate provided that he is no longer working in Singapore.

But the housing agent told us that this agent has personal problem, and request us to let him go instead.

Ain't the housing agent suppose to side the owner?

 

Today, this housing agent even taught the tenant that he can don't pay the last rent, just use the deposit as the payment.

The tenant, who is a gentleman, told us about it and he says he will not do so.

 

This housing agent is from Huttons Asia Pte Ltd.

 

We do not want other owners to fall into this ugly agent's way of doing things (got 1 mth commission, yet only 6 mths rental).

 

Can we lodge a complaint on this housing agent? If so, how?

 

Logically, the tenant should be represented by other agent, you by your own agent to avoid conflict of interest. But the comm is peanut, so this part is usually not enforced. Even if it is so, they don't really bother unless you have more to milk, like tenancy expiring soon, few big houses on rental etc.

 

Your problem is very common, at least to me. Initally i insisted they go my way but after a while, i felt it was too much of a haste and a waste of time. What i did now is to ensure i got another new tenant replacement immediately after the expiry date before i would release the deposit. No agent comm shall be paid for the new tenant as this a replacement.

 

As to collection of last rental, you must insist they pay. The deposit can used to safeguard any damages done to your property before they vacant the house.

 

There were more serious lapses by agents that happened to me ,maybe same company too, which i shall not reveal too much as it was already case closed. All i can say is do not let the agent handle everything. I did as i want a troublefree affair but when everything looks too good to be true, it usually is. My trust of finally found a responsible agent vanishes..

 

Bottom line is get the tenant to play cheque issued to your name or transferred to your account given by you. Get their contacts personally and do not let the agent handled them behind your back. Do not assume the tenant is smart about money matters. Agents like to communicate with them without your knowledge. To milk more comm? you take the hint and link the picture

 

You are responsible for your house. Agent is responsible for thier comm only.. They don't care a hoot about your estate.

 

 

 

[MadDog70]

Yup, now we are looking for new tenants with other agents.

We will handle the tenant ourselves now.

[RealSabbie]

My agent told me if I liase with the tenant myself, then it's no longer his business and I have to handle all the negotiations myself, is this true? in the end I told him to settle everything for me

[Felipe]

i remembered years ago when i terminated, i had to pay 2 mths of rent or something. think it's standard practice?

[Vid]

Seriously never encounter a situation to the extent of having Landlords to sue Tenants, so not too sure. Cause of the legal costs I think is not worth it. Unless you talking about bungalows rental which recently came out on papers if IIRC

 

Exactly! My family is in the office rental business and we know all too well when a contract turns sour. Many times landlords are at the losing end if tenants decide to leave. At times we even hope they will leave peacefully and not create trouble. Legal ways are too expensive and may not be worth the effort. Bad debts are plenty. Sometimes the best way is to just let it go.

[Asd78]

I have engaged a housing agent 6 months ago, the house should be rented for 1 year.

Recently, the tenant wants to move out, telling us that the agreement allows for termination after 6 months of living.

When I checked the agreement, it says he can terminate provided that he is no longer working in Singapore.

But the housing agent told us that this agent has personal problem, and request us to let him go instead.

Ain't the housing agent suppose to side the owner?

 

Today, this housing agent even taught the tenant that he can don't pay the last rent, just use the deposit as the payment.

The tenant, who is a gentleman, told us about it and he says he will not do so.

 

This housing agent is from Huttons Asia Pte Ltd.

 

We do not want other owners to fall into this ugly agent's way of doing things (got 1 mth commission, yet only 6 mths rental).

 

Can we lodge a complaint on this housing agent? If so, how?

 

Normally for 1yr rental, there's no diplomatic clause and comm is only 1/2 mth....seems like u got taken for a ride. Anyway, do weed out the bad sheeps.

[Jj5599]

Move on bro, one of the things in life

[Roadie]

Exactly! My family is in the office rental business and we know all too well when a contract turns sour. Many times landlords are at the losing end if tenants decide to leave. At times we even hope they will leave peacefully and not create trouble. Legal ways are too expensive and may not be worth the effort. Bad debts are plenty. Sometimes the best way is to just let it go.

 

 

Second that. Have faced similar issue with my tenants.

 

But early termination from tenant is not a big one. Easy to find a replacement tenant if the rental is reasonable.

 

Whats more troublesome is tenants who don't take care of my flat. I terminate their contract early.

[Elfenstar]

I have engaged a housing agent 6 months ago, the house should be rented for 1 year.

Recently, the tenant wants to move out, telling us that the agreement allows for termination after 6 months of living.

When I checked the agreement, it says he can terminate provided that he is no longer working in Singapore.

But the housing agent told us that this agent has personal problem, and request us to let him go instead.

Ain't the housing agent suppose to side the owner?

 

Today, this housing agent even taught the tenant that he can don't pay the last rent, just use the deposit as the payment.

The tenant, who is a gentleman, told us about it and he says he will not do so.

 

This housing agent is from Huttons Asia Pte Ltd.

 

We do not want other owners to fall into this ugly agent's way of doing things (got 1 mth commission, yet only 6 mths rental).

 

Can we lodge a complaint on this housing agent? If so, how?

 

Technically, the agents job is done. Legally unless there is an extension due to a plus clause (because the agent was the middleman between you and your tenant), everything else should be between you and your tenant.

 

That being said, your agent is weird. Most of us will simply help so you will use us again in future (especially since he knows that if the tenant breaks the lease, he can earn more comms).

 

Anyhow, have a look at your tenancy agreement. The terms for termination should be there. At its simplest. if its a standard agreement, then the tenant has to pay you for whatever else he will owe you till the end of the agreement, and he has to pay you a pro-rated amount for the comms that you paid the agent.

 

[Dafansu]

Normally for 1yr rental, there's no diplomatic clause and comm is only 1/2 mth....seems like u got taken for a ride. Anyway, do weed out the bad sheeps.

 

1 year - 1/2 month, 2 years - 1 month. I would say it's the norm but there's no fixed rate

[Yoongf]

Your relationship with the tenant and the agent is 100% common law and law of contracts.

There is no "pro-rata reimbursement" thing if it's not specifically mentioned in the tenancy agreement or commission agreement.

 

If it's not specifically mentioned, there is no basis to lodge complaint to CEA.

Please read your documentation to see if there is any mention of commission clawback.

 

[Soya]

Normally for 1yr rental, there's no diplomatic clause and comm is only 1/2 mth....seems like u got taken for a ride. Anyway, do weed out the bad sheeps.

 

 

yalor. even if hv diplomatic clause, it usually kick in after 12 mths.