1 Answer

askguru expert
Hi Mrs Esther Loh, thanks for writing to us on AskGuru.

A tenancy agreement protects both the landlords and tenants whereby there are terms and conditions that both parties must abide to during the rental period. This is to prevent any disputes from both parties.

When you sign a tenancy agreement, a tenant has an interest in the property giving you exclusive possession for a fixed period of a certain duration, usually in consideration of a payment termed 'rent'.

The essential features of the tenancy are as follows:
- Tenant has exclusive possession of the property.
- Tenancy runs for a certain or fixed period of time.
- Landlord’s rights are subject to the tenancy.
- Landlord has reversionary interest of the property upon termination of the tenancy.

A landlord is bounded by the following covenants to a tenant:
1. Quiet enjoyment of the premises, which means tenant can enjoy the use of the premises without interference.
2. Non-derogation from the grant, landlord must observe all the terms granted to tenant.
3. Property must be fit for habitation at the start of the lease term;
4. Structure and facilities must be in good repair.
5. Good title. He is the owner and has the right to rent.
6. Pay property tax and quit rent if any
7. Exclusive possession of the premises for the fixed term, so long as the fixed term given has not expired.
8. If landlord has sold or transferred his interest, buyer or successor-in-title is bound to observe the terms of the lease granted

When a tenant signs a Tenancy Agreement with a landlord, he/she is bounded by the following covenants:
1. To pay rent
2. Keep the premises in good repair
3. No unauthorised alterations
4. Not to commit waste
5. Not to sublet
6. Allow access to landlord or potential tenant or buyer to view premises.
7. Pay all other rates, utilities etc.
8. Not to cause nuisance; and
9. Use the premises for its permitted purpose;

Under points 1, 2 and 7 of the landlord's covenant, a landlord cannot ask the tenant to move out as it will be a breach of the Tenancy Agreement. The landlord must compensate the tenant for the unused lease term.

We advise you to settle the matter amicably. If all else fails, you can take legal action against your landlord.

Hope this answers your question.

Best Regards,

Team PropertyGuru