Tenants must see：Singapore Tenancy Agreement and Key Terms

A Tenancy Agreement is a legally binding document that clearly defines the rights and obligations of landlords and tenants in a rental relationship, aiming to safeguard the rights of both parties. By reading a standard tenancy agreement template in Singapore, you can generally understand various issues that need to be considered when renting a house in Singapore.

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TENANCY AGREEMENT TEMPLATE FOR LEASE OF HDB FLATS
TENANCY AGREEMENT TEMPLATE FOR LEASE OF PRIVATE RESIDENTIAL PROPERTIES

Basic Terms of a Tenancy Agreement

A tenancy agreement should include information about the premises, particulars of the landlord and the tenant, rent/deposit, period of the tenancy, maintenance and repair obligations, and other terms. The following are the key components of a tenancy agreement:

• The date the agreement is made on
• Address of the premises
• Particulars about landlord and tenant: Name / NRIC No. / Passport No. /FIN / UEN, Correspondence address
• Particulars about occupier(s) permitted to reside
• Period of the tenancy:
At least 6 months for HDB flats
At least 3 months for condos

• Rent: Amount, payment schedule and payment modes
• Deposit: a 2-month deposit is charged for a standard 2-year lease
• Stamp duty fees: If the tenancy period is equal to or less than 4 years, the stamp duty is 0.4% of the total rent for the entire lease period, and it is typically borne by the tenant.
• Minor Repair Clause
• Defect Free Period
• Diplomatic Clause
• Inventory List/Property Condition Report

Special Attention

When renting in Singapore, some regulations may differ from those in China and require special attention.

Defect-free Period
Within the first 30 days from the start of the tenancy agreement, the tenant may report any issues with the property in writing to the landlord. The landlord is responsible for repairing these issues, and the tenant does not bear the repair costs unless the damages are due to intentional acts or negligence by the tenant.

Minor Repair Clause

After the Defect-Free Period, the tenant is responsible for minor repairs, which exclude major repairs such as structural repairs, electrical wiring, or plumbing (e.g., fixing leaks). For minor issues such as replacing light bulbs or repairing appliances, if the cost of a single repair for a specific item does not exceed the agreed minor repair limit, the tenant is responsible for arranging and paying for the repairs.

Typical minor repair cost limits are:
HDB flats: $150–$200
Condos: $200–$300
Luxury condos: $300–$1,000

Such expenditure in excess of the indicated amount shall be borne by the Landlord provided such damage is not due to the negligence or willful default of the Tenant. For any repair or replacement that exceeds the indicated amount, the Tenant shall obtain the prior written consent of the Landlord to proceed with any such minor repair(s). The Landlord shall reimburse the Tenant for any costs in excess of the indicated amount.

If an item breaks and cannot be repaired, the landlord is responsible for replacing it, provided that the damage was not caused by the tenant's negligence or willful act. The tenant is required to pay for the replacement cost as specified in the tenancy agreement. Any costs exceeding this amount will be borne by the landlord.

The tenant is not allowed to carry out repairs that exceed the minor repair limit and request reimbursement without prior written consent from the landlord. If the tenant proceeds with repairs that would normally require the landlord to bear additional costs, without first obtaining the landlord's approval, the tenant will not have the right to request reimbursement for these costs.

Maintenance of Air-conditioners
The Tenant must engage a qualified air-conditioning contractor to service and maintain the air-conditioning units installed at the premises, at least once every three (3) months at the expense of the Tenant and to ensure the units remain in a good and tenantable condition including the topping up of refrigerant if required, where the cost will be borne by the tenant. A copy of the service contract should be sent to the landlord within thirty (30) days after the start of the tenancy, and upon the termination of the lease, receipts for maintenance services must be provided as requested.

For any faults, repairs, parts replacement, and chemical cleaning of the air-conditioning units (if necessary, except for excessive 24/7 usage), these should be the responsibility of the landlord. However, if the fault arises due to the tenant's negligence or failure to maintain the unit, the landlord is not liable, and the tenant will bear the full cost of the repairs.

Diplomatic Clause
After completing the agreed-upon tenancy period (typically 12 months for a 2-year lease), if the tenant needs to leave Singapore due to reasons like job transfer, resignation, or other circumstances triggering this clause, the tenant may terminate the lease early by giving the landlord written notice 2 months in advance, or by paying a termination fee in lieu of the notice. The minimum lease term and the required notice period or termination fee amount should be specified in the tenancy agreement. When notifying the landlord, the tenant should provide relevant supporting documents such as proof of job transfer or resignation.

It is important to note that the minimum stay required for this clause to take effect must include the notice period. For example, with a 2-year lease, the tenant must stay for at least 12 months before they can give the landlord a 2-month written notice to terminate the lease. In other words, the tenant must stay for at least 14 months (12 months plus the 2-month notice) in total to terminate the lease early.

Additionally, once this clause takes effect, the tenant must compensate the landlord for the agency fee for the incomplete months, calculated proportionally. Both parties will then follow the move-out process as stipulated in the tenancy agreement, and the landlord will return the deposit to the tenant.

Things to Note When Signing a Tenancy Agreement:

The tenancy agreement typically includes an inventory list and property condition report. These are key documents that protect both parties, outlining the property's condition and the included items, and are used to resolve any disputes, particularly regarding the return of the deposit.

Check the Tenancy Agreement. Ensure that you fully understand the nature and implications of the contract before signing. Both parties are free to negotiate the terms and conditions that will govern their contractual relationship when entering into a tenancy agreement.

Check the Inventory List. The Inventory List should detail the quantity and condition of all furniture, fixture and fitting within the premises at the commencement of the tenancy. This Inventory List shall be prepared in duplicate and duly endorsed by the Landlord and the Tenant.

Check the Property Condition Report. The tenant should conduct a property condition inspection on the day of taking possession, ideally together with the landlord or their agent. Any issues should be documented with photographs or video as necessary. The Property Condition Report must be confirmed and signed by both parties to be valid. Any condition defects discovered after the inspection may not be acknowledged by the landlord.

During the tenancy period, you should comply with obligations as following:

No Structural Alteration or Addition
The tenant will not make or permit or suffer to be made any alteration or addition (structural or otherwise) to the premises or any part thereof without the prior written consent of the Landlord.

Hanging of Pictures or Paintings
The tenant will not hack any holes or drive any nails or anything whatsoever into the walls or to bore any holes into the ceiling without the prior written consent of the Landlord except where the same is reasonably done to hang pictures or paintings in areas where it is possible to do so. If this is done, the Tenant shall ensure that all nails and hooks are to be removed, holes patched and touch-up paintwork applied to reinstate such alterations to their original state at the end of the Term.

No Assignment or Subletting Without Consent
For private residential properties, the tenant will not assign, sublet, or part with the possession of the premises or any part thereof to other persons without the written consent of the Landlord, which  shall not be unreasonably withheld in the case of a reputable and responsible tenant. If the Tenant is a company, there shall be no right to sublet the premises unless otherwise agreed to by the Landlord.

No Unauthorised Storage
The tenant will not keep or permit to be kept on the Premises any materials of a dangerous or explosive nature.

No Addition or Removal of Locks
The tenant will not alter, remove or add any lock or security device and/or accompanying keys, access cards or transponders without the prior written consent of the Landlord.

No Pets
The tenant will not keep any dog, other animal, bird or pet on the premises without the prior written consent of the Landlord. Such consent shall not be unreasonably withheld but shall be subject to the rules and regulations of any government authorities.

No smoking
The tenant will not smoke cigarettes, cigars or similar tobacco products inside the premises.

Use of Premises
The tenant will not do, or permit to be done in or upon the Premises any act or thing which may become a nuisance or annoyance to or in any way interfere with the quiet enjoyment of other adjoining occupiers, or give reasonable cause for complaint from the occupiers of neighbouring premises.

No Illegal Activities
The tenant will not use the Premises for any illegal purpose or activities of an improper nature.

Viewing of Premises

During two (2) months immediately preceding the expiry or termination of the Term, and provided that the Landlord shall have given to the Tenant at least forty-eight (48) hours’ prior written notice, the Landlord or its authorized agents may enter and show the Premises to potential tenants or purchasers at reasonable times. The Tenant must cooperate and not unreasonably obstruct or refuse entry. If the Landlord intends to sell the property during the tenancy, the Tenant should also cooperate, and may not unreasonably prevent access. The tenancy agreement will take precedence over the sale; the new owner cannot demand the return of the property before the lease ends unless the previous owner included a clause for early termination due to sale in the tenancy agreement.

Matters to Note When Moving Out

At the end of the Term ，the tenant must ：
Return the Premises to a condition comparable with that at the commencement of the Term (fair wear and tear excepted). The Landlord may claim as damages, the costs and expenses incurred or likely to be incurred that result from a breach of Tenant’s obligations in the Tenancy Agreement. For the avoidance of doubt, the Tenant shall deliver the said Premises to the Landlord after a joint inspection by both parties and/or their respective agents, and thereafter, save for such damage and/or defects ascertained at the said joint inspection, the Tenant shall not be liable to the Landlord nor shall the Landlord have any claim against the Tenant in respect of any other damage to the said Premises.

When handing over, the following is expected:

1.The Premises are thoroughly cleaned, including all cabinets, wardrobes, appliances, windows, lightings, furniture and fixtures. The tenant shall have all curtains professionally dry cleaned (at the Tenant’s expense) by a contractor and supply a receipt as evidence that the curtains have been dry cleaned.

2.The Tenant’s belonging and other goods brought onto the Premises during the duration of the Term are removed. The Landlord shall have the right to remove and/or dispose of any belongings or other goods left behind by the Tenant.

3.The Premises are in substantially the same condition as that at the commencement of the Agreement, save for fair wear and tear.

4.The Tenant shall make good any damage to the Premises upon removal of any nails, screws, adhesive materials, fixtures or fittings.

5.The Tenant shall furnish to the Landlord the receipts evidencing regular servicing and maintenance of the air-conditioners.

6.The Tenant shall return all keys, access cards, user manuals, and other items listed in the inventory to the Landlord.

In addition to the above , there are also clauses regarding rent arrears, deduction from the deposits, the legality of the tenant's immigration status, damages by inevitable cause, etc. Of course, the responsibilities and obligations of the landlord are also included. Before signing the tenancy agreement, it is necessary to carefully understand the details of the agreement to protect your own rights and interests.