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We just signed a 3 year contract which takes effect tomorrow and paid 3 months deposit for a lovely property in Serangoon. The agent who showed us the place never said that the stairway to the upstairs bedroom is shared with the tenant next door.

She is claiming that she did and even told the landlord that we were happy with it being shared. The landlord is based in Australia. The tenancy agreement has no stipulation that any part of the property is shared with the next door tenant.

We are now stuck in a 3 year lease and this can also affect our jobs as we work with a foreign government where we have quite sensitive information on our laptops. The upstairs room was going to be used as an office as I often work from home.

I am not sure what our legal recall is at this point as we may even lose our jobs over this. Can you please advise.
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4 Answers

Hi, is this documented anywhere either through text or written agreement? Was there any communication with the agent regarding this aspect prior to the signing of the agreement? Since you mentioned that the agent did mention this to you, do you recall it? As this is possible in causing you losses especially in regards to your job, you should communicate this with either the landlord straight or with the agent, otherwise you will have to go through legal procedures such as going to a court, or mediation through the agency of the agent.

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landonchew@email.com Read More
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HI HI > WE Meet here again :) >> remember update me Friend ! Able toh here :)
Here are some steps you can consider taking to address this issue:

1. **Document Everything**: Gather all communication between you, the agent, and the landlord. This includes emails, text messages, and any other form of correspondence.

2. **Review the Tenancy Agreement**: Carefully review the terms and conditions of your tenancy agreement. Since the agreement doesn't mention shared access, this could work in your favor.

3. **Seek Legal Advice**: Consult with a legal professional who specializes in tenancy laws in Singapore. They can provide you with specific advice based on your situation and the details of your tenancy agreement.

4. **Communicate with the Landlord**: Explain the situation to the landlord directly. Since the landlord is based in Australia, provide clear and concise information about the issue and how it affects your work and security.

5. **Negotiate with the Agent**: Discuss the issue with the agent and highlight the miscommunication. Since the agent is claiming they informed you about the shared access, request proof of this communication.

6. **Consider Mediation**: If direct communication doesn't resolve the issue, you might consider mediation. The Singapore Mediation Centre or the Consumers Association of Singapore (CASE) can assist in resolving disputes between tenants and landlords.

7. **Evaluate Your Options**: Depending on the legal advice you receive, consider options such as:
- **Terminating the Lease**: If the agent or landlord misrepresented the property, you might have grounds to terminate the lease without penalty.
- **Renegotiating the Lease**: Negotiate with the landlord for changes to the lease terms or for compensation due to the misrepresentation.

8. **Report the Agent**: If the agent misrepresented the property, consider reporting them to the Council for Estate Agencies (CEA), which regulates real estate agents in Singapore.

Taking these steps can help you address the issue and find a resolution that protects your interests and job security.
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  • Able S.K Toh
    RENTAL

    https://www.cea.gov.sg/docs/default-source/module/dcCases/failure-to-act-in-a-reasonable-manner-towards-the-tenant-(who-were-not-her-clients)-by-misrepresenting-to-the-tenant-the-floor-area-of-the-leased-premises-(pdf-764kb).pdf



    https://www.cea.gov.sg/docs/default-source/module/dcCases/withholding-information-from-client-failing-to-act-according-to-client's-instructions-and-failing-to-ensure-that-advertisement-accurately-described-the-property-(pdf-60kb).pdf

    -------------------

    SALES


    https://www.cea.gov.sg/docs/default-source/module/dcCases/failure-to-verify-if-hdb-billed-sellers-for-costs-of-home-improvement-programme-works-before-completion.pdf

    If you have time > GO READ ABOVE FEW EXAMPLES . (Respondent : Landlord or Seller's Represenative Property Agent)
    CONCLUSION:
    1. DO NOT BE AFARID OF COMPLAINING TO CEA against the DISHONEST agent >> KNOW CEA Past Displinary Actions against DISHONEST / CARELESS behaviour of LANDLORD property agent TOWARDS TENANT/ LANDLORD>> THOUGH EACH STORY IS DIFFERENT >> PRINCIPLES IS THE SAME >> CEA end up still PUNISH the agent , especially rental case >> " the agent FAIL TO SHOW PROOF that whatever she said is in the advertisement ( one of the story >> that the floor plan is approximately 900 sqft) . SUGGESTION , in your CEA Complain > printscreen whatever the AGENT said about LANDLORD to you all > and ASK FOR VERIFICATION THAT this is landlord 's INTENTION AT THAT POINT OF TIME >> IF CEA managed to verified with landlord and FOUND OUT THAT LANDLORD ONLY KNOW PART OF THE STORY, AND MISS OUT THE IMPORTANT PART that the landlord agent DID NOT TELL YOU ALL ABOUT THE " SHARED STAIRCASE">> THIS LANDLORD AGENT most probably will violate NOT JUST DISHONEST REPRESENT TO TENANT about the shared staircase but also DISHONEST towwards the LANDLORD who know maybe NOT THE CRITICAL TRUTH .

    2,. TELL CEA AND CC THE LANDLORD AGENCY you are aware of the CEA RECENT BEST PRACTICE GUIDELINE THAT THE SIGNED TENANCY AGREEMENT >> LANDLORD AND TENANT should have one another contact , at least email > cannot be everything hinges on the landlord agent (if the landlord agent in a accident and coma or anything critical happen, then how do tenant contact landlord for urgent matters of landlord house? , COMMON SENSE IS NEEDED HERE ...

    3. LASTLY ,CEA , in my opinion are formed mostly to PROTECT clients AGAINST UNFAIR AND UNREASONABLE DEAL , thats why in the complain , clients can input property agent license number and name to complain.

    HOPE Everything eventually turn out well for you :)
RENTAL

https://www.cea.gov.sg/docs/default-source/module/dcCases/failure-to-act-in-a-reasonable-manner-towards-the-tenant-(who-were-not-her-clients)-by-misrepresenting-to-the-tenant-the-floor-area-of-the-leased-premises-(pdf-764kb).pdf

https://www.cea.gov.sg/docs/default-source/module/dcCases/withholding-information-from-client-failing-to-act-according-to-client's-instructions-and-failing-to-ensure-that-advertisement-accurately-described-the-property-(pdf-60kb).pdf

-------------------

SALES

https://www.cea.gov.sg/docs/default-source/module/dcCases/failure-to-verify-if-hdb-billed-sellers-for-costs-of-home-improvement-programme-works-before-completion.pdf

If you have time > GO READ ABOVE FEW EXAMPLES . (Respondent : Landlord or Seller's Represenative Property Agent)
CONCLUSION:
1. DO NOT BE AFARID OF COMPLAINING TO CEA against the DISHONEST agent >> KNOW CEA Past Displinary Actions against DISHONEST / CARELESS behaviour of LANDLORD property agent TOWARDS TENANT/ LANDLORD>> THOUGH EACH STORY IS DIFFERENT >> PRINCIPLES IS THE SAME >> CEA end up still PUNISH the agent , especially rental case >> " the agent FAIL TO SHOW PROOF that whatever she said is in the advertisement ( one of the story >> that the floor plan is approximately 900 sqft) . SUGGESTION , in your CEA Complain > printscreen whatever the AGENT said about LANDLORD to you all > and ASK FOR VERIFICATION THAT this is landlord 's INTENTION AT THAT POINT OF TIME >> IF CEA managed to verified with landlord and FOUND OUT THAT LANDLORD ONLY KNOW PART OF THE STORY, AND MISS OUT THE IMPORTANT PART that the landlord agent DID NOT TELL YOU ALL ABOUT THE " SHARED STAIRCASE">> THIS LANDLORD AGENT most probably will violate NOT JUST DISHONEST REPRESENT TO TENANT about the shared staircase but also DISHONEST towwards the LANDLORD who know maybe NOT THE CRITICAL TRUTH .

2,. TELL CEA AND CC THE LANDLORD AGENCY you are aware of the CEA RECENT BEST PRACTICE GUIDELINE THAT THE SIGNED TENANCY AGREEMENT >> LANDLORD AND TENANT should have one another contact , at least email > cannot be everything hinges on the landlord agent (if the landlord agent in a accident and coma or anything critical happen, then how do tenant contact landlord for urgent matters of landlord house? , COMMON SENSE IS NEEDED HERE ...

3. LASTLY ,CEA , in my opinion are formed mostly to PROTECT clients AGAINST UNFAIR AND UNREASONABLE DEAL , thats why in the complain , clients can input property agent license number and name to complain.

HOPE Everything eventually turn out well for you :) Read More
1
  • Able S.K Toh
    https://www.cea.gov.sg/docs/default-source/module/dcCases/failure-to-verify-eligibility-and-perform-required-due-diligence-checks-before-facilitating-lease-of-flat-to-foreigners-(pdf-133kb).pdf

    READ ABOVE STORY To derive CEA Basic PRINCIPLES to " Impose discipline" on DISHONEST Landlord agent towards tenant

    On or around 22 July 2019, the landlord discovered, through the HDB, that the Chinese work permit
    holders were not eligible to occupy the Flat. The landlord instructed the Respondent to convey this to
    Y. The Respondent also informed Y that the Chinese work permit holders had to vacate the Flat
    immediately, while the remaining Occupiers could continue to stay in the Flat.
    (****Y requested to meet withthe landlord to discuss and resolve the issue, but the landlord refused to meet with Y, partly due to theRespondent’s allegations against Y that gave the landlord a negative impression of Y***). *Faced with no other alternative*, Y arranged to re-house the Chinese work permit holders and they vacated the Flat on
    or around 3 August 2019*
You may wish to speak to a professional legal advisor on this aspect to look into what are the recourse you have.

Not sure what are the requirements on the physical premises on you are renting based on your work nature, if there are strict requirements, you probably will require your organisation to screen through the property before you make your decision on renting this place, or if you are able to be working from home, perhaps put in additional requirements like locking the place up, locking the laptop up in a secured storage medium like safe box if you are not working on it and not holding on to it. Honestly, I cannot fathom that one is allowed to work from home if they are handling such sensitive documents thus I believe measures can be put in place for this rental premises. Read More
1

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