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Hi Ann,

If the diplomatic clause was activated but the conditions were not met, as the landlord, you have the right to treat it as an early termination and forfeit the security deposit and pursue the rental of the unfulfilled balance lease .

If you suspect that there is a conflict of interests or your interests as a landlord are being compromised, you can submit a feedback to CEA and CEA will conduct an investigation.

Please feel free to contact me if you need any further assistance or advice.

Regards,
Nick Tan
(M) +65 96 44 48 54
B.Eng(Chemical)(Hons)(NUS) / Cert-in-REA
(E) nick96444854@gmail.com

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Hi,

I believe this is a case of Diplomatic Clause Potentially Misused: The Diplomatic Clause is designed to protect foreign tenants who are genuinely repatriated by their employer. In your case:

1. The tenant was not repatriated — she continued living in Singapore and moved to another local property.

2. Her Employment Pass was renewed during the notice period, which is a direct contradiction to the premise of the Diplomatic Clause (i.e., losing right to stay/work in Singapore).

3. The employer's letter is unsigned or lacks name identification, weakening its validity.

4. BizFile checks reveal that the tenant owns the company that issued her the EP, meaning she essentially "fired herself" to invoke the clause — a clear conflict of interest and arguably deceptive.

Recommendations:
1. Report to the Council for Estate Agencies (CEA)
2. Withhold Security Deposit (If Justified) - Until satisfactory evidence of genuine repatriation is provided.

Hope this helps,

This platform does not allow me to contact you directly so kindly contact me at https://wa.me/6597261112 I would be glad to assist you further.

Thank you and best regards,

Jenny Tran
Propnex Realty Pte Ltd
(HP) +65 97261112 
(Email) jenny.tran@propnex.com
BSc (Real Estate) (Hons)-NUS

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Hi Ann,

Yes, if the tenancy is worded appropriately, the tenants should be relocated out of Singapore due to employment and/or visa requirements. If the tenants are unable to produce such records and you are sure that they are still living in Singapore, you can actually file small claims against the tenants if amount is within the limit, otherwise you can appoint a lawyer and seek advise to take legal actions against the tenants to claim back the loss in rental for the balance of the agreement.

As for the agents, if you have signed on the estate agency agreement form that has indicated that both landlord and tenant agents are from the same agency, it is technically deemed that you are already informed that both of them are from the same agency, unless you can prove that you are totally not informed at all.

As for the follow up after rental, the agents involved typically do not have the obligation to follow up after the tenants have taken over the premises, unless such services are indicated as part of the estate agency agreement. Most agents take on such follow up as good-will services in hope of landlord and tenants can continue to engage them in future.

Hope the above helps.

——

I have been in the real estate business since 2009, with more than 15 years of experience serving the Singapore real estate market.

I am very active in the residential segment of Singapore real estate market, having transacted hundreds of deals from HDBs to private condominiums and landed properties in Singapore, and have handled many unique cases in sales and purchases as well as rental deals.

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Subject: Regarding Activation of Diplomatic Clause and Recommended Course of Action

If the diplomatic clause in the tenancy agreement has been activated, but the necessary conditions for its application were not met, you as the landlord have the right to treat this as an early termination. This entitles you to forfeit the security deposit and to seek compensation for the unfulfilled balance of the lease term.

If you suspect that there may be a conflict of interest, or that your rights as a landlord are being compromised—particularly if the agency appears to be taking a lenient stance in order to protect its reputation or the interests of the agent involved—I recommend submitting feedback directly to the Council for Estate Agencies (CEA).

Reason: In my personal opinion, escalating the matter to CEA ensures a more impartial investigation, as CEA is the governing body responsible for licensing and regulating property agents. Allowing CEA to question the agency directly may result in a more objective outcome, rather than relying solely on the internal resolution processes of the agency, which may be biased.

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Hi Ann,

Thank you for sharing this situation — I understand how distressing this must be, especially when things feel concealed or misrepresented.

Based on what you've described, there are multiple red flags here, both from a tenancy and professional conduct standpoint. Let me break this down to address your concerns:

1. Validity of Diplomatic Clause Execution
The Diplomatic Clause is meant to protect tenants who are genuinely required to leave Singapore due to employment cessation. In your case:

The tenant is still residing in Singapore, and

The Employment Pass (EP) was just renewed, which directly contradicts the spirit of the clause.

Even if a letter from the employer is generally accepted, the fact that:

The employer is owned by the tenant herself, and

The signatory is unnamed,
raises serious doubts about the authenticity and intention of this “termination.”

2. Lack of Transparency
The refusal to provide contact information or documentation — despite repeated requests — is not in line with fair tenancy practices. This lack of transparency from both the tenant and the co-broke agent suggests an intentional attempt to bypass scrutiny.

3. Conflict of Interest and Agency Misrepresentation
If both agents are from the same agency and division, and this was not disclosed to you prior to or during the LOI or TA signing, it may constitute a conflict of interest. Agents are required under CEA guidelines to act in the best interests of their respective clients and disclose material facts. If this was hidden, it could be a breach of professional conduct.

4. Recommended Actions
Here’s what you can consider doing next:

File a formal complaint with the Council for Estate Agencies (CEA) – include all documentation, timelines, and communication logs. If there's a suspected breach of ethics or non-disclosure by the agents, CEA has the authority to investigate.

Seek legal counsel to determine if there’s a valid case for misrepresentation or fraud. Given that the tenant owns the company that issued her EP, and renewed it during notice, this could be critical.

Withhold the security deposit until credible repatriation proof is submitted, especially since there is a risk of abuse of the Diplomatic Clause.

You may also request mediation via Small Claims Tribunal (SCT) if needed, especially if the tenancy value falls within the jurisdiction.

I would strongly encourage you to document every single interaction moving forward and ensure you work with a licensed and transparent agent on future rentals.

If you require help reviewing the documents, or wish to appoint an agent to represent your interests in this matter or in future tenancies, feel free to reach out — I’ll be happy to assist you personally.

Warm regards,
Alphaeus (Mr Alpha)
Associate Marketing Director
Huttons Asia Pte Ltd
CEA Reg No: R067999F Read More

Hi Ann,

I would be most glad to assist you further and pls feel free to let me know if you need any assistance. Have a good day ahead. By the way, looking at what you have written, you reserve the right to withhold or to forfeit the deposit unless tenant is able to prove of his relocation. As for the agent, you have a case and could lodge a complaint to the CEA against him or her too if this gets unmanageable.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More