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I started a new tenancy, 2 year lease. My new landlord has removed the 30-day guarantee clause from the tenancy agreement by assuring that everything works fine. I have an email from him saying – “I assure everything is working. Nothing is leaking.” Unfortunately, as soon as I started living in the apartment, I realized the air con was leaking due to no maintenance for very long. The toilet is leaking too. I informed them, they made some excuses that I am misusing the apartment and hence, all this. However, as soon as I got the chemical cleaning done for the air cons, the leakage stopped. The leakage was because of the pipes badly clogged by dirt and mould. The landlord stopped replying to my emails with the receipts for this repairwork. I deducted this amount of 300$ from the 4000$ rental. He is now threatening to evict me due to non-payment of rent. He’s also threatening me that after he evicts me, I will still be liable to pay 23 months of rent as per contract, legal fee, agent’s commission and the security deposit will be forfeited too. I have few questions:
• Am I right in deducting the 300$ from rent as they never replied to my emails for the repairs that’s ideally the landlord’s scope? I informed them at every step but they did not acknowledge. They refuse to give their mailing address as well for sending registered mails.
• The 30-day warranty does not appear in my contract but only because he assured in writing that everything was working/not leaking. This is fraudulent representation and can I rescind the contract due to this? Any experience on this?
• Any suggestion for me to move forward with this?
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2 Answers

In this situation, it's important to understand your rights and responsibilities as a tenant in Singapore. Here are some points to consider:

1. **Deducting Repair Costs from Rent**: As a tenant, you have the right to request repairs for issues that affect your living conditions, especially if they were present at the start of your tenancy. Since the landlord assured you in writing that everything was in working condition and not leaking, and you subsequently had to incur costs for repairs, you may have grounds to deduct these costs from your rent. However, it's crucial to keep documentation of the issue, communication with the landlord, and receipts for the repair work.

2. **Fraudulent Representation**: If the landlord made fraudulent representations regarding the condition of the property in writing, such as assuring you that everything was working fine when it was not, you may have grounds to rescind the contract. Fraudulent misrepresentation occurs when a party knowingly makes false statements to induce another party to enter into a contract. You may want to seek legal advice to explore this option further.

3. **Moving Forward**: Here are some steps you can take to address the situation:

a. Document Everything: Keep records of all communication with the landlord, including emails, text messages, and any written assurances regarding the condition of the property.

b. Seek Legal Advice: Consider consulting with a lawyer who specializes in tenancy and landlord-tenant disputes. They can provide guidance on your rights and options under Singaporean law.

c. Negotiate with the Landlord: Try to resolve the issue amicably with the landlord, if possible. Explain your concerns and attempt to come to a mutually agreeable solution regarding the repairs and any rent deductions.

d. Consider Alternative Dispute Resolution: If negotiations with the landlord fail, you may explore alternative dispute resolution methods, such as mediation or arbitration, to resolve the dispute without going to court.

It's essential to act promptly and seek appropriate legal advice to protect your rights and interests in this situation. Additionally, familiarize yourself with the relevant laws and regulations governing tenancy agreements in Singapore to better understand your rights and obligations as a tenant. Read More
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