Asked by
Hi everyone, hoping to get some advice or hear from others with similar experiences.

We’ve been renting our current unit for over 2 years and recently renewed the lease (June 2024 – present for our new TA). We’re foreign tenants and, only got our child’s confirmed school placement for p1 after the renewal. Due to the long daily commute (over 1 hour each way), we’ve decided to move closer to the new school for our child’s well-being.

We informed the agent and landlord immediately upon receiving the MOE letter and gave a full 6 months’ notice. At the start of discussions, the understanding was that we could get a full deposit refund provided we found a replacement tenant and covered the prorated agent fee — which we agreed to. However, we weren’t made aware of any specific tenant preferences at the time.

It was only after we began passing on confirmed leads that we were told certain profiles (e.g. only family profiles) were acceptable. This made things increasingly difficult, especially with the current soft rental market and the fact that the unit is unfurnished.

Despite the challenges, we’ve been cooperative and proactive throughout — advertising, arranging viewings, following up, and even offering to move earlier if needed. We also proposed a fallback option: forfeiting one month’s deposit if no tenant is secured by our planned move out June (timed with the school holidays to ease our kids into the new routine). Unfortunately, we’ve received no formal response to this proposal.

Our lease also did not include a diplomatic clause — something we’ve since learned is a common and fair inclusion for foreign tenants — and we are now worried about potentially losing both months’ deposit despite acting in good faith.

We’re now considering filing with the Small Claims Tribunal if no fair resolution is reached. Has anyone been in a similar situation or have advice on what’s typically fair practice in cases like this?

We genuinely tried our best and still hope to resolve this amicably. We also understand the landlord wouldn’t want to lose rental income, but we hope that the strict preferences, the unfurnished setup, and our proactive efforts are taken into consideration too.

Thanks in advance for any insight
0
45 views
Want this question answered?
Get faster responses from our experts by upvoting.
Be the first to upvote this question.

2 Answers

Dear sir/mdm,

Filing small claims maybe futile effort if your Tenancy Agreement does not have stipulated clauses to allow you an exit based on your proposal. I have a similar case on hand now with similar issues where the tenants are relocating back to their home town but signed a tenancy agreement without diplomatic clause.

A diplomatic clause for foreigners maybe common but not by default thus I am unsure if this was even something you are aware when you enter into tenancy agreement. You may find fault with the agent for not highlighting this to you and see if there is any possible getaway because of this but I highly doubt it will be helpful.

You can perhaps offer to pay for the services of this agent to help you secure the new replacement and see if it is workable.

——

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.

Over the years, I have also established a network reaching out to more than 15,900 expatriates, bringing my market presence to both in and outside of Singapore. This has created an additional exposure when I manage my client's portfolios, on top of the conventional on and offline platforms, where other estate agents are relying on. This has allowed me to consistently convert leads into results.

With an evolving market, where change is the only constant, I have also been investing in upgrading of my knowledge and skills sets to improve myself and meet the demands of current and future market.

We are offering our clients a complimentary first consultation without obligations (Absolutely FREE!). Schedule for your FREE session today!

Warmest regards,
Geryl Lim
Deputy Branch Associate Director
Email: geryl.lim@orangetee.com / geryl7772@gmail.com
OrangeTee & Tie Pte Ltd 430 Lorong 6 Toa Payoh #01-01 OrangeTee Building Singapore 319402
Estate Agent Licence No. L3009250K
 +65 92787772 
www.geryllim.com

My self introductory video on https://www.youtube.com/watch?v=S_2NydENfx0

-----

Note: We value your home as much as you do! Find out the indicative value of your home at http://bit.ly/UrHomeMatters and get monthly update on your home value. Restructure your portfolio with us, speak to us!

Tenants can visit http://bit.ly/SGExpatRental (Official Rental Requirements - Singapore Expatriates) to indicate your rental requirements.

Visit and Like my facebook page at https://www.facebook.com/GerylLimSince2009/ - Aspiring To Be The Best Real Estate Agent In Singapore

Pick up knowledge, skills and Real Estate concepts at https://www.facebook.com/RealEstateXcellence/

New Singapore Expatriates on facebook is up and running. Come join us at https://www.facebook.com/groups/newsgexpats/

-----
Landed Dynamic Alliance
Home of *7772 Hotline
Check out our latest Landed Dynamic Alliance 7772 mobile application on iOS or Android @ http://l.ead.me/7772 Read More
1
This is a tricky situation given that the lease renewal has already been signed without a diplomatic clause, but here are some key points to consider:

1. **Tenant’s Obligation vs. Landlord’s Discretion:**

* Since there is no diplomatic clause, the tenant is technically bound to the lease until its expiry or until a suitable replacement tenant is secured.
* The landlord has the right to set specific tenant preferences (e.g., only family profiles), but if these preferences are unreasonable or excessively restrictive, it could be seen as acting in bad faith, especially since they were not communicated at the start.

2. **Documenting Efforts and Communication:**

* Ensure that all communications with the landlord and agent are documented, including discussions about the agreed conditions for deposit refund, tenant profiles, and your fallback proposal of forfeiting one month’s deposit.
* This will provide a clear timeline and support your case if you proceed to the Small Claims Tribunal.

3. **Fallback Proposal – Reasonable or Not?**

* Offering to forfeit one month’s deposit is a reasonable and fair proposal, given the lack of a diplomatic clause and the proactive steps taken to secure a replacement tenant.
* If the landlord refuses to engage or respond, it may further strengthen your case for filing a claim.

4. **Small Claims Tribunal Considerations:**

* The Tribunal will likely consider whether both parties acted in good faith.
* Highlight your proactive efforts, communication transparency, and willingness to compromise.
* Be prepared to demonstrate how the landlord’s strict tenant profile requirements limited the pool of potential replacements, especially in a softer rental market.

5. **Market Conditions and Mitigation:**

* In a soft rental market, the Tribunal may consider whether the landlord’s refusal to consider certain tenant profiles was reasonable given the circumstances.

**Recommendation:**

* Send a final formal communication to the landlord and agent, reiterating your willingness to forfeit one month’s deposit as a fair compromise.
* Request a written response by a specified date and indicate that, in the absence of a reasonable resolution, you will consider filing a claim with the Small Claims Tribunal.

WhatsApp me at: ABLE Toh (65) 9856-9255  or through this link.:https://wa.me/6598569255
----------------------------888--------------------------------888--------------------------->>>
(1) "If you need more assistance with property matters:
like renting / selling, buying / or investing, I'm here to help!
WhatsApp me at: ABLE Toh (65) 9856*9255 or through this link.:https://wa.me/6598569255
(Unfortunately, this platform doesn't allow direct contact, but you can easily reach me )

(2) (***) ✅✅ You can READ my REVIEWS here:
✅✅ https://www.propertyguru.com.sg/agent/able-s-k-toh-61591.

(3) ✅✅ For PRIVATE Home Buyers, I offer solutions for sourcing resale and new PRIVATE homes at ✅✅ ZERO charge (Because Most PRIVATE seller Agent are willing to share commission with Buyer Agent)

*** You can reach me at my Singapore mobile: (65) 9856 9255  or email me at Able.selling@gmail.com.

From: ABLE Toh- Your Property ASSISTANT : )
“ i am ABLE to Help As Much As You are ABLE To PM (Private Message) me ”
=========
(4A)✅✅ For the Below Condominium that may Achieve TOP ( Temporary Occupation Permit / Relatively New Condominium which may faced Difficulties/ Challenges to rent / sell at your Expected Pricing as facing too many neighbour’s units competing to Sell / Rent Out ,...
(4B)✅ ✅ ✅ I am okays NOT TO be the Sole Exclusive Agent , but the “ Open Listing “, additional pair of hands to help you bring the matching buyer / tenant . “ May the Hardworking + Lucky agent close the Deal !!, ( Whether it’s me or another agent ,✅✅✅ I will still be HAPPY FOR THE OWNER !! ✅✅My advantage is : I myself , have a Small Team of Agents who will work together with me to cast a wider Mark Read More
1

Still looking for answers?

Get answers from PropertyGuru experts in 24 hours

Previously Asked Questions