3 Answers

askguru expert
Hi there, thanks for writing to us on AskGuru.

When the landlord and tenant signs a Tenancy Agreement, both sides must fulfil their terms of agreement. In the tenants case, the tenant must fulfil the lease term, failing which, the tenant must compensate the landlord for the unfulfilled tenancy months. In such a case, you can forfeit your tenants' deposit. You can refer to our Rental Tenancy Agreement guide here: https://www.propertyguru.com.sg/property-guides/understanding-lease-agreements-in-singapore-10363

What your tenant is doing is a process called novation. A novation transfers both the rights and obligations under the contract to another party. A novation may be executed in a situation where your current tenant transfer all the tenancy rights and obligations to an incoming, replacement tenant, with the consent of the landlord. In short, a novation replaces the original party with a new party.

For a valid novation, there must be the following conditions:
1. all parties must assent to novation,
2. there must be a previously valid contract,
3. the duties provided for in the contract be extinguished immediately, and a new, enforceable contract need be created

In your case, if your tenants find a new tenant with your consent, then, a novation agreement is signed with the incoming tenant taking over the obligations of the tenancy.

Hope this answers your question.

Best Regards,

Team PropertyGuru Read More

0

Aaron Chong
Hi, yes you could disallow any new tenant from coming in and also to forfeit the deposit in this case.

Regards
Aaron
9730 8455
aaronchong2774@yahoo.com.sg Read More

0

Silvia Yang
Hi Sir/Madam

I am unable to assist you without further information
Appreciate if you can contact me at (65) 96608508 or Silviayang8@gmail.com with details of your unit
or click here https://bit.ly/WaSilvia to whatsapp me for no obligation discussion
Thank you.

Warmest regards,

Silvia Yang

Senior Marketing Director
ERA Realty Network Pte Ltd
Mobile: (65) 9660 8508
Email: Silviayang8@gmail.com Read More

0