More questions and answers on the issues of tenancy

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Messrs Eunice Tan & Partners founder Eunice Tan answers readers’ queries regarding issues concerning landlords and tenants.

Q1: What are the legal differences between renting alone and sharing the rent?

A1: There is no difference if there is no tenancy agreement. If there is a tenancy agreement signed between the landlord and the tenant(s), the terms and conditions of the tenancy agreement will come into effect.

If two tenants sign the tenancy agreement and share the rent, both tenants will be bound by the contract, provided the primary agreement allows sublet arrangements. If this is not the case, the tenancy agreement would not be legal in the first place.

However, if only one tenant signs the agreement, only that party (main tenant) can sue or be sued by the landlord in the event of any breach of the terms and conditions of the legal sub-tenancy agreement.

Q2: Can a group of renters who live in the same house evict you? Is it legal for them to do so?

A2: Whether a group of renters who live in the same house with you can evict you or not depends on whether there is any contractual relationship between the related parties.

If the original tenancy agreement spells out that it is legal to sublet to another tenant(s) and there is an agreement signed between the main tenant and the sub-tenant, then the tenant has the constitutional right to evict the sub-tenant. Other than that, only the landlord has the right to pursue the eviction order.

Q3. What are the differences between renting a landed property and a high-rise unit?

A3: Legally speaking, there are not many differences between renting a landed property and a high-rise unit because they fall into the same category of tenancy, i.e. renting the property for less than three years.

However, for a high-rise unit, the tenant shall be bound by the housing rules of the joint management body/management corporation or the residents association if it is a gated and guarded property.

Other than the regulations for the gated and guarded community, there are no rules that govern tenants renting a landed property unit.

Q4. What kind of decoration and modification can you legally make to the rented property?

A4: The tenant is entitled to put up simple decorations and make modifications that would not affect the structure of the building. However, the tenant should not make any significant changes or decorations.

According to a standard clause in the tenancy agreement, the tenant shall return the property on an "as is, where is" basis for either a vacant possession or possession with the listed fittings and fixtures.

If you rent commercial property for use, the tenancy agreement will be different and should include the renovation deposit and restoration deposit to restore the property to its original state.

Disclaimer:

All data and information provided are for informational purposes only. All information is provided on an as-is basis. All users are strongly encouraged to seek professional advice before relying on any data or information provided.

Renting and Letting: What should you know about the law?

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