Friday, September 14, 2007

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Free Sample Tenancy Agreement - HDB or Private Property Rental

TENANCY AGREEMENT


AN AGREEMENT made on the ___ day of ________ BETWEEN

(Landlord's Name) of (Address) (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

(Tenant's Name) (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:

The Landlord agrees to let and the Tenant agrees to take all that property known as (Address) (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) day of (month, year) to (day) day of (month, year) for a term of _____ year, at the rent of DOLLARS (Rent Amount in Words)(Rent Amount in Numerals) per month comprising:-

Dollars (Rent Amount in Words)(Rent Amount in Numerals) being rental in respect of the said premises and

Dollars (Rent Amount in Words)(Rent Amount in Numerals) being charges for the hire of the furniture, maintenance charges and GST payable.


The first payment of Dollars (Rent Amount in Words)(Rent Amount in Numerals) for the rent for the period from (Start Date) to (End Date) is payable on the signing of this Agreement. Subsequent payment of Dollars (Rent Amount in Words)(Rent Amount in Numerals) is payable monthly in advance without deduction whatsoever on the (day) day of each month.


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

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

To pay a deposit of DOLLARS (Rent Amount in Words)(Rent Amount in Numerals) 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) at 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.

To pay all charges due in respect of any telephones, internet services or other equipment installed at the said premises, including any tax payable thereon.

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, refuse disposal, including any tax payable thereon. Further, to pay all charges for Cable TV which are incurred by the Tenant.

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).

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 (except in the case of emergency where no appointment is required) 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.

To replace electric bulbs, tubes 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.

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 Housing & Development Board (HDB).

To yield up the said premises at the expiration or sooner termination 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.

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 six (6) months at the expense of the Tenant by a reliable air-conditioning contractor.

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.

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.

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 use the said premises or any part thereof other than as 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 from the relevant authorities where necessary.

(p) 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, HDB or other bodies (where applicable).

Not to assign, sublet or part with the possession of the said premises or any part thereof.

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.

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.

To inform the Landlord of any visitors staying in the premises from time to time.

(t) Only the following persons are permitted to occupy the said premises, and provided that such occupancy is for the purpose stated in this Tenancy Agreement:-

(Name of Occupier 1) holding (Identification Type and Number).
(Name of Occupier 2) holding (Identification Type and Number).
and/or such other persons as may be approved in writing by the Landlord from time to time.

The Tenant shall at all times ensure that all occupants of the said premises comply with all applicable laws for entering and staying in Singapore, and without prejudice to the generality of this sub-clause:-

(aa) The Tenant shall produce to the Landlord for inspection the originals of all occupants’ identity cards/passports and other relevant documents evidencing their legal entry into and stay in Singapore before the commencement of this Agreement, and thereafter, before any new permitted occupant moves in; and

(bb) If the relevant Singapore immigration or Employment pass of an occupant expires during the term of this Agreement, the Tenant shall produce to the Landlord for inspection the originals of all occupants’ identity cards/passports and other relevant documents evidencing their legal entry into and stay in Singapore on or before the expiry thereof.


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

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.

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

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.

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.

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:

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 and re-possess 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.

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 two percent (2 %) per month on the amount unpaid calculated from the date due to the date of actual payment.

The Landlord shall not be liable to the Tenant or the Tenant’s servants 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.

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.

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.

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 tenant of the said premises, (Tenant's Name), shall be transferred out of the Republic of Singapore permanently by his/her employer or cease to be employed in Singapore by the her employer, then and in such a case, it shall be lawful for the Tenant to terminate this tenancy by giving 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 or cessation shall be required and such notice shall be deemed to have commenced on such date as the Landlord shall have actually received such evidence. If at any time during the period of tenancy, the landlord decides to sell the property, it shall be lawful for the Landlord to terminate this tenancy by giving three (3) months' advance notice in writing to the tenant or by paying three (3) months' rent in lieu of such notice.

Notwithstanding anything herein contained, if at any time during the period of tenancy, the Housing & Development Board (HDB) revokes or withdraw its consent to the subletting, this agreement shall immediately be terminated. The land lord shall not be liable to the tenant for any cost of re-location or any other cost as a result of the termination under this clause.

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. Acceptance by the Landlord of the rent hereby reserved shall not be deemed to operate as a waiver by the Landlord of any right to proceed against the Tenant in respect of a breach by the Tenant of any of the Tenant’s obligations hereunder.


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.

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.

This Agreement shall be subject to the laws of the Republic of Singapore.

In this Agreement unless the context otherwise requires:-
The expression "the Landlord":- (1) where the Landlord is a person shall include its personal representatives and assigns; and (2) where the Landlord is a company shall include its successors-in-title and assigns;

The expression "the Tenant":- (1) where the Tenant is a person shall include its personal representatives and permitted assigns; and (2) where the Tenant is a company shall include its successors-in-title and permitted assigns;

Where the Landlord consists of two (2) or more persons, all covenants and stipulations made by or applicable to such persons are made or applicable jointly and severally;

Where the Tenant consists of two (2) or more persons, all covenants and stipulations made by or applicable to such persons are made or applicable jointly and severally;

The expression "person" shall mean any individual, firm, company or other legal entity;
Words importing the neuter gender shall include the masculine and feminine genders and vice versa; and
Words in the singular shall include the plural and vice versa.

Should any provision of this Agreement be declared void, unenforceable or illegal by any competent authority or court, this shall not affect the other provisions of this Agreement which are capable of severance, which shall continue unaffected.










IN WITNESS WHEREOF the parties have hereunto set their hands as shown below.


SIGNED by the Landlord
(Landlord's Name)
NRIC NO : ________


In the presence of
(Witness Name)
NRIC No:
Address :



SIGNED by the Tenant
(Tenant's Name)
PASSPORT NO : ________ )


In the presence of:
(Witness Name)
NRIC No:
Address :


Note : Red texts are to be replaced accordiningly.

Note: If you cannot download this tenancy agreement properly at this site and wish to have a copy of this tenancy agreement in editable MS Word doc, ps leave a comment with your email. The blog owner will be pleased to email a copy of the tenancy agreement to you in an editable format.

May also want to read:
How to Calculate Rental Yield for Singapore Property
Inland Revenue Authority of Singapore(IRAS): Stamp Duty Calculator
Singapore Property History
How to calculate Stamp Duty for Singapore Property
How to calculate Singapore Property Tax

4 comments:

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

i find the information in the agreement very helpful.. i cannot open it though, can send me an email at XXXX? nway, in our case, we are renting a room from a subtenant who further sublet the room to us. i think it is against the hdb terms and conditions -- however i am not sure if the owner is inform about it. in any case, who will be responsible for it? where can we complain about it? u can answer my querie to my email

Smart Buyer said...

Dear Anonymous,
I've just emailed you the "Sample Tenancy" in Wordpad.

HDB landlords are to update HDB about all the occupants in his HDB flat, and to ensure that the number of occupants do not exceed the maximum number stipulated by HDB.

If your tenant has not obtained the permission of your landlord to sublet to you, then the sublet has violated the tenancy agreement. The landlord is therefore entitled to take action accordingly.

I'm not a lawyer but I think you'd be considered an illegal occupant. You should speak to the landlord to negotiate a proper tenancy agreement.

Smart Buyer said...

Dear readers,

Due to the overwhelming response, the blogger is no longer able to email you the sample here. Kindly download the document here. Ps understand that the document is strictly for you own personal use. You're not allowed to publish it in any format without the prior permission of the owner.

Thank you.

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Smart Buyer :)