Tenancy Agreement (Singapore Property)

TENANCY AGREEMENT (*this is a template that a clause to impose some obligations on the tenant to service air con & to pay for some damage/wear & tear items). 

THIS AGREEMENT is made on the _____ day of March, Two Thousand and Thirteen (2013) BETWEEN

[Insert Name & Details]

 

(hereinafter called “The Landlord” which expression where the context so admits shall include its successors-in title and assigns) of the one part AND

 

[Insert Name & Details]

 

(hereinafter called “The Tenant” which expression where the context so admits shall include legal representatives or its successors-in-title and permitted assigns of the Tenant) of the other part.

 

 

  1. NOW IT IS HEREBY AGREED AND DECLARED as follows :-

 

The Landlord agrees to let and the Tenant agrees to TAKE ALL THAT Premises situated and known as

 

[insert address]

 

(hereinafter called the “Premises”) together with furniture, fixtures, fittings and domestic appliances now in or about the Premises (hereinafter called the “Furniture”) to HOLD unto the Tenant for a period of TWENTY FOUR (24) month(s) commencing from the 18 day of April 2013, yielding and paying therefore the monthly rent of Singapore Dollars Four Thousand Five Hundred Only (S$4,500.00) without deductions or demand, such rent to be paid in advance on or before the first (18) day of each calendar month through GIRO into the Landlord’s bank account, details as follows:

 

[insert bank account and details]

 

  1. THE TENANT HEREBY COVENANTS WITH THE LANDLORD as follows:-

 

  1. a) To pay the equivalent of TWO (2) monthly rent as deposit and ONE (1) month rent as advance upon the signing of this Agreement and upon proof of legal ownership. The deposit is to be held by the Landlord as security for the due observance and performance by the Tenant of all and singular, the several covenants, conditions, stipulations and agreements on the part of the Tenant herein contained and the same shall be refunded to the Tenant without interest within FOURTEEN (14) DAYS after the expiration of the term hereby created, less such sums as may be due to the Landlord upon the Tenant vacating the Premises and delivering possession thereof to the Landlord in a satisfactory state and condition, fair wear and tear excepted. Any deductions for damages caused by the Tenant or any breach of this Agreement shall be deducted from the security deposit. The security deposit shall not be regarded or treated as payment for and cannot be used to deduct any monthly payment due under the Tenancy.

 

  1. (i) If any such breach is discovered at such inspection carried out on a mutually agreed date, all claims by the Landlord for deductions from the deposit in respect of any such breach by the Tenant shall be made to the Tenant within fourteen (14) days of the termination of the Tenancy, failing which the deposit shall be repayable by the Landlord to the Tenant forthwith without any deductions whatsoever

 

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  1. (ii) If no such breach is discovered at such inspection, the Landlord shall immediately sign a release to the Tenant releasing the Tenant from all claims by the Landlord.

 

  1. (iii) If the Landlord shall fail to conduct or attend the said inspection of the said Premises, the deposit shall be payable by the Landlord to the Tenant within fourteen (14) days from the date of termination of the Tenancy without any deductions whatsoever.

 

  1. b) To pay and discharge all payments and outgoings due to SP Services Ltd for gas, water, electricity, water-borne fees; telephone charges to Singapore Telecommunication, subscription to STARHUB Cable Vision Ltd; television licences to Singapore Broadcasting Authority and any Government tax or taxes payable on charges and to indemnify the Landlord against the same.

 

  1. c) To keep the interior of the Premises and all additions thereto including the flooring and interior plaster or other surface material or rendering on walls and ceilings and the Landlord’s furniture, fixtures and fittings therein including doors, windows, all shutters, locks, fastenings, sanitary water apparatus, electrical installations and the painting, white-washing, colour-washing and decoration thereof in good and tenantable repair and condition during the Tenancy, (fair wear and tear and damage by fire, lightning, explosion, riot, civil commotion, building defects, workmanship defects or any other cause not arising out of the act or default of the Tenant excepted) save where the insurance monies are rendered irrecoverable in consequence of the act or default of the Tenant and shall replace with similar articles of at least equal value or if the Landlord so require, to pay the Landlord the value of any part of the effects which may be destroyed or damaged as to be incapable of being restored to their former condition.

 

  1. d) Not to make or permit to be made any alteration in the internal construction or arrangement or in the external or interior appearance or the present scheme of decoration of the Premises without the written consent of the Landlord first and if requested by the Landlord, the Tenant shall restore the Premises to their original state and condition at the Tenant’s expense.

 

  1. e) Not to assign, sublet or otherwise part with the possession of the Premises without the written consent of the Landlord whose consent shall not be unreasonably withheld in the case of a respectable and responsible Tenant.

 

  1. f) To use the Premises as a private residence for the personal occupation of the Tenant and not to do or permit to be done upon the Premises anything which in the opinion of the Landlord, may be or may become a nuisance or annoyance to or in any way interfere with the quiet and comfort of the occupants of adjacent Premises and not to use the same for any illegal or immoral purpose.

 

  1. g) Not to bring or store or permit to be brought or store on the said Premises or any part thereof any materials which are of a dangerous obnoxious inflammable or hazardous nature.

 

  1. h) Not to do or permit to be done anything whereby the policy or policies of insurance in respect of the Premises against damage by fire may become void or voidable or whereby the rate of premium thereon may be increased and to repay to the Landlord all sums paid by way of increased premiums and all expenses increased by them in or about any renewal of such policy or policies rendered necessary by a breach of this Agreement.

 

  1. i) To permit the Landlord and its authorized agent(s) with or without workmen at all reasonable times by prior appointment to enter upon the said Premises and examine the state and condition thereof and thereupon the Landlord may serve on the Tenant notice in writing specifying any repairs to be effected on damage caused by negligence of the Tenant, necessary to be done and require the Tenant forthwith to execute the same and if the Tenant shall not within fourteen (14) days after the service of such notice proceed diligently with execution of such repairs therein the Landlord or its agents shall have the right to enter upon the said Premises to execute such repairs and the cost thereof shall be debt due from the Tenant to the Landlord who shall be entitled to deduct the reasonable cost of repair from the said deposit whereupon the Tenant shall pay such amount to the Landlord so that the said deposit shall always remain at Singapore Dollars Nine Thousand Only (S$9,000.00).

 

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  1. j) During the Tenant’s absence or not being in Singapore, the Landlord and his agents reserve every right to enter into the Premises for emergency or any other purposes that by the Tenant’s absence will affect anyone or any parts of the building in which the Premises may be comprised or adjoined.

 

  1. k) Not to affix paint or otherwise exhibit on the exterior of the Premises or the windows thereof or any part thereof any name-plate, signboard, poster or advertisement or any flag-staff or other things whatsoever save only the name of the Tenant or the occupant, employee of the Tenant in some place or places only and not elsewhere and in such manner and position only as shall be approved by the Landlord.

 

  1. l) To take due and proper care of the said furniture and keep it clean and in good repair and condition (subject to reasonable use and wear) and so far as possible forthwith to replace with articles or the same sort and equal value such as may be lost, broken or destroyed and to compensate the Landlord for any articles not replaced as aforesaid and to forthwith repair and make good such articles as may be damaged and not to permit or suffer any articles to be removed from the Premises without the written consent of the Landlord.

 

  1. m) Not to install additional electrical points or fixtures or fittings without the previous consent in writing of the Landlord.

 

  1. n) During the TWO (2) months immediately preceding the determination of the Tenancy to permit persons with written authority from the Landlord’s agent and prospective clients at mutually agreed reasonable times of the day to view the Premises for the purpose of letting the same.

 

  1. o) To engage a competent firm for the servicing and maintenance of all the air-conditioners in the Premises on a quarterly basis. A copy of the service contract to be forwarded to the Landlord.

 

  1. p) To engage a competent pest control firm to fumigate and undertake any relevant pest control work whenever it is deemed necessary by the Tenant excluding pest control of termites which shall be the Landlord’s responsibility.

 

  1. q) To maintain and upkeep the small garden, damage due to acts of God or not caused by the Tenant’s negligence excepted.

 

  1. r) To comply and conform at all times and in all respects during the continuance of this Agreement with the provisions of all laws, acts, enactment and ordinances and rules, regulations, by-laws, orders and notice made thereunder or made by other competent authority.

 

  1. s) The costs of stamping of this Agreement in duplicate shall be borne by the Tenant and paid forthwith.

 

 

 

 

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  1. t) Not to hack any holes or drive anything whatsoever into the walls or to bore any holes into the ceiling without first having obtained the consent in writing of the Landlord except anything reasonably done to hang pictures, paintings and the like. The Tenant shall plaster any such holes, reinstate and make good to the condition that was handed to him at the commencement of the Tenancy (normal fair wear and tear excepted) at the expiration or sooner determination of this Tenancy.

 

  1. u) At the expiration or sooner determination of the Tenancy peaceably and quietly to yield up the premises and the effects with all locks and keys complete to the Landlord together with the fixtures and fittings and the effects therein in good and tenantable repair and condition (fair wear and tear excepted), including cleaning of the premises and the dry cleaning of the curtains, in accordance with the stipulations hereinbefore contained and to make good, at the expense of the Tenant any damage or defacement caused by the removal of any fittings belonging to the Tenant and if the Tenant shall fail to make good such damage the Landlord shall do so and all reasonable costs and expenses incurred thereby by the Landlord shall be a debt due from the Tenant to the Landlord and recoverable forthwith as such and/or by way of deduction from the deposit.

 

  1. v) At anytime during the Tenancy, if the Landlord shall wish to sell the said Premises, before the expiry period of the aforesaid Tenancy, to permit persons with written authority from the Landlord or the Landlord’s agent to view the same during mutually agreed reasonable times of the day with prior appointment. The said premises shall be sold subject to this Tenancy.

 

  1. w) The Tenant shall be responsible for all payment of any single item of repair (eg. replacement of fused light bulbs, repair of electrical accessories and appliances, repair of plumbing and sanitary fittings, etc) of up to Singapore Dollars One Hundred Fifty Only (S$150.00), effective after one month from the date of handover or commencement, whichever is earlier. The Tenant shall obtain the Landlord’s approval before proceeding with such repairs or replacement costing more than S$150.00 per single item of repair, and the Landlord’s approval shall not be unreasonably withheld or delayed. Any repair amount in excess of S$150.00 shall be borne by the Landlord provided that damage is not caused by any default or negligence of the Tenant.

 

  1. x) 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.

 

  1. y) 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 the Tenant and/or permitted occupants, to inform the Landlord in writing no less than fourteen (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.

 

  1. z) To indemnify and keep indemnified the Landlord for all matters relating to the 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.

 

 

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  1. THE LANDLORD HEREBY AGREES WITH THE TENANT as follows:-

 

  1. a) To pay all present and future property tax assessments and outgoings in respect of the Premises other than those herein before agreed to be paid by the Tenant.

 

  1. b) To keep the roof and exterior of the Premises and main walls and structure and the main drains and sewerage pipes thereof in good Tenantable repair throughout the term hereby created.

 

  1. c) To insure the said Premises against loss or damage by fire and to pay all premium necessary punctually.

 

  1. d) That the Tenant paying the rent hereby reserved and observing and performing the several covenants and stipulations on the Tenant’s part herein contained shall peacefully and quietly hold and enjoy possession of the Premises during the term hereby created without any interruption by the Landlord or any person or persons lawfully claiming under or in trust for the Landlord.

 

  1. AND PROVIDED ALWAYS AND IT IS HEREBY AGREED as follows :-

 

  1. a) If the rent hereby reserved or any part thereof shall at any time be unpaid for SEVEN (7) DAYS after becoming payable (whether formally demanded or not) or if any covenant or stipulations on the Tenant’s part herein contained shall not be performed or observed or if at anytime the Tenant shall become bankrupt or enter into any composition with his creditors or suffer any distress or execution to be levied on his own goods (or if the Tenant being a company shall go into liquidation either voluntarily save for the purpose of amalgamation or reconstruction or compulsorily) then and in any of the said cases it shall be lawful for the Landlord at anytime thereafter to re-enter and re-possess the Premises at any part thereof and thereupon this Agreement shall absolutely cease and determine but without prejudice to the right of action of the Landlord in respect of any unpaid rent or any antecedent breach of any of the Tenant’s covenants herein contained.

 

(i) The Landlord’s right to charge interest at the rate of ten percent (10%) per annum if the said rent remains unpaid for seven (7) days after becoming payable (whether formally demanded or not) interest on any such unpaid rent shall run retrospectively from the day of the respective month on which the said rent or any part thereof first became owing and due to be paid and such interest shall be payable by the Tenant until the day of actual payment.

 

(ii) In the event of re-entry by the Landlord, the Tenant shall pay all legal costs and disbursements incurred by the Landlord on a solicitor and client basis.

 

  1. b) In the event the Premises or any part thereof shall be destroyed or rendered unfit for use by fire, tempest, flood or other act of God, except where such act caused by the act or default of the Tenant whereby payment of the policy monies under any policy of insurance is refused during the term hereby created then and in such cases the rent hereby reserved or a fair and just proportion thereof according to the extent of the damage sustained shall cease and be suspended during and for so long as the said Premises or any part thereof shall remain unfit for use or occupation by reason of such destruction or damage.

 

  1. c) In case the said Premises shall be destroyed or damaged as in the last sub-clause mentioned, the Landlord or the Tenant shall be at liberty by notice in writing to determine the Tenancy hereby created and upon such notice being given the term hereby granted shall absolutely cease and determine but without prejudice to any right of action of either party in respect of any antecedent breach of this Agreement by the other.

 

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  1. d) Any notice under this Agreement shall be in writing and any notice required to be served upon the Tenant shall be sufficiently served if forwarded to the Tenant by registered post to the above mentioned address or to his last known place of business AND any notice required to be served upon the Landlord shall be sufficiently served if delivered to the Landlord directly or sent by registered post to its above mentioned address or to its last known place of business. Any notice sent by registered post shall be deemed to be given at the time when in due course of post it would be expected to be delivered to the address to which it was sent.

 

  1. e) The Landlord shall not be liable to the Tenant or the Tenant’s servants, agents or other persons in the Premises or persons calling upon the Tenant for any accidents happening, injury suffered, damaged to or loss of any chattel or property sustained on the Premises.

 

  1. f) That the Landlord shall on the written request of the Tenant made not less than TWO (2) months before the expiration of the tenancy hereby created and if there shall not at the time of such request be any existing breach or non-observance of any of the covenants on the part of the Tenant herein contained grant the Tenant a further period of one (1) year lease from the expiration of the said tenancy hereby created at the prevailing market rent to be mutually agreed upon between the Landlord and the Tenant and containing the same terms and conditions save this clause from renewal.

 

  1. g) The Landlord shall be at liberty at any time to assign this Agreement and the benefit thereof to any part or person as the Landlord shall deem fit.

 

 

  1. DIPLOMATIC CLAUSE

 

  1. (a) Notwithstanding anything herein contained, the Tenant may terminate this Agreement by serving TWO (2) months’ notice in writing or by paying TWO (2) months’ rent in lieu of notice to the Landlord in the event that Sigurd Volk

 

  1. (i) is required by the Immigration Department or other Authority or Body or under any written law of Singapore to leave Singapore, or

 

  1. (ii) is being transferred or relocated out of Singapore by her company, Allianz Insurance Company of Singapore Pte Ltd or

 

  1. (iii) ceased to be under the employment of her company, Allianz Insurance Company of Singapore Pte Ltd.

 

PROVIDED ALWAYS that such right to terminate shall not be exercised during the first Twelve (12) months of the said term. Documentary proof to every of the aforesaid shall be submitted to the Landlord.

 

  1. b) Upon such early determination or termination of the terms herein provided, the Tenant shall forthwith reimburse the Landlord the proportionate commission for the unexpired period of lease paid by the Landlord to the Landlord’s agent. It is understood that the total brokerage commission is a total of Singapore Dollars Four Thousand Five Hundred Only (S$4,500.00) for the lease period of Twenty Four (24) months.

 

  1. This Agreement shall be subject to the Laws of Republic of Singapore.

 

 

 

 

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IN WITNESS WHEREOF the parties hereto have hereunder set their hands the day and year first above written:-

 

 

SIGNED BY THE SAID LANDLORD                    ]

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In the presence of :-                                         ]

 

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Name of Witness                                               ]

 

 

 

SIGNED BY THE SAID TENANT                        ]

 

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In the presence of :-                                         ]

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Name of Witness                                               ]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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