Asked by Jamie Jamie
Hello experts,
I intend to rent out my entire 4-room HDB flat. The flat has met the MOP and is eligible for whole-unit rental. I have some compliance-related questions regarding a potential tenant.
The potential tenant is an S Pass holder from China. He is currently renting a condo with friends, and his registered residential address is at that condo. He is interested in renting my HDB flat and cost-sharing the rental and utilities with a few friends. I have met him and his girlfriend (also an S Pass holder from China) during the flat viewing.
He suggested that, for the purpose of HDB whole-flat rental approval, we could initially register him as the main tenant and his girlfriend as an occupier, and that closer to the tenancy commencement date, he would provide the details of the other occupiers for submission in the HDB system.
He also mentioned that he wishes to retain his current residential address for a few months, as he plans to split his time between the condo and my flat during the initial period. My understanding is that work pass holders are required to update their residential address with MOM within 5 days of moving to a new place, i.e. 5 days from the tenancy commencement date.
I would appreciate guidance on the following questions:
1. Is it my responsibility as the landlord to inform and ensure that he updates his residential address with MOM within 5 days, or is this solely the tenant’s responsibility?
2. As a landlord, am I required to ensure consistency between the number of persons registered under my flat in the HDB system and those reflected in the Foreign Worker Tenant Enquiry Service (FWTES)?
3. Are there any potential non-compliance issues with Singapore laws, such as the Employment of Foreign Manpower Act, Immigration Act, or other regulations governing foreign residents, given the above arrangement?
4. If the tenant does not agree to comply with the above requirements, would it be advisable not to proceed with the HDB rental approval or the tenancy agreement?
5. If the girlfriend is registered as the main tenant and updates her residential address to my flat within 5 days of tenancy commencement, while he is registered as an occupier and updates his address at a later date, would this arrangement constitute any regulatory non-compliance?
6. My understanding is that a main tenant or occupier should generally be residing at the registered address for most of the time. If he (main tenant) agrees to update his residential address to my flat and spends more time at my flat than at the condo during the initial first month, would this be considered acceptable from a compliance perspective?
Thank you in advance for your guidance. Direct answers are much appreciated.
I intend to rent out my entire 4-room HDB flat. The flat has met the MOP and is eligible for whole-unit rental. I have some compliance-related questions regarding a potential tenant.
The potential tenant is an S Pass holder from China. He is currently renting a condo with friends, and his registered residential address is at that condo. He is interested in renting my HDB flat and cost-sharing the rental and utilities with a few friends. I have met him and his girlfriend (also an S Pass holder from China) during the flat viewing.
He suggested that, for the purpose of HDB whole-flat rental approval, we could initially register him as the main tenant and his girlfriend as an occupier, and that closer to the tenancy commencement date, he would provide the details of the other occupiers for submission in the HDB system.
He also mentioned that he wishes to retain his current residential address for a few months, as he plans to split his time between the condo and my flat during the initial period. My understanding is that work pass holders are required to update their residential address with MOM within 5 days of moving to a new place, i.e. 5 days from the tenancy commencement date.
I would appreciate guidance on the following questions:
1. Is it my responsibility as the landlord to inform and ensure that he updates his residential address with MOM within 5 days, or is this solely the tenant’s responsibility?
2. As a landlord, am I required to ensure consistency between the number of persons registered under my flat in the HDB system and those reflected in the Foreign Worker Tenant Enquiry Service (FWTES)?
3. Are there any potential non-compliance issues with Singapore laws, such as the Employment of Foreign Manpower Act, Immigration Act, or other regulations governing foreign residents, given the above arrangement?
4. If the tenant does not agree to comply with the above requirements, would it be advisable not to proceed with the HDB rental approval or the tenancy agreement?
5. If the girlfriend is registered as the main tenant and updates her residential address to my flat within 5 days of tenancy commencement, while he is registered as an occupier and updates his address at a later date, would this arrangement constitute any regulatory non-compliance?
6. My understanding is that a main tenant or occupier should generally be residing at the registered address for most of the time. If he (main tenant) agrees to update his residential address to my flat and spends more time at my flat than at the condo during the initial first month, would this be considered acceptable from a compliance perspective?
Thank you in advance for your guidance. Direct answers are much appreciated.
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