3 Answers

Morning Derrick,

You can definitely sell your unit now, with tenants, but your tenants must move out before the offical completion for the transaction. It will then be your duties and liabilities to settle the tenant's issue as per your TA.

FYI
Mike Lim
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In Singapore, HDB flats are typically sold with vacant possession. This means that your tenants will need to vacate the property before the completion of the sale.

**Here are some options available to you:**

1. **Sell with Tenants and Include a Clause in the Sales Agreement:**

You can sell your HDB flat with the tenants still occupying it, but this will require the buyer's agreement and must be clearly stated in the Option to Purchase (OTP) and the Sale and Purchase Agreement (SPA). The clause should specify the tenancy terms, including the rental amount, lease duration, and when the tenancy will end. This option might attract a niche group of buyers, such as investors who are looking for a property with immediate rental income.

2. **Terminate the Tenancy Agreement:**

You can terminate the existing tenancy agreement by giving your tenants sufficient notice as per the terms of the contract. This allows you to sell the flat with vacant possession. Ensure you follow the proper legal procedures and notice periods to avoid any disputes with your tenants.

3. **Negotiate with Tenants:**

You can try to negotiate with your tenants to see if they are willing to move out earlier than the lease expiry date. You could offer them incentives, such as partial rental reimbursement or assistance in finding a new place.

4. **Wait for the Lease to Expire:**

If you have time and the tenancy agreement is nearing its expiry date, you can wait for the lease to end naturally before listing your flat for sale.

**Recommendations:**

* **Communicate Openly:** It's important to communicate openly and honestly with both your tenants and potential buyers about the tenancy situation. This will help manage expectations and avoid any misunderstandings.
* **Consult a Property Agent:** If you're unsure about the best approach, consult with a property agent experienced in HDB transactions. They can provide advice on the most suitable options for your situation and help you navigate the process.
* **Seek Legal Advice:** If you have any concerns about tenancy agreements or potential disputes, seek legal advice from a qualified professional.

Remember, selling an HDB flat with tenants can be more challenging than selling with vacant possession. However, with careful planning, open communication, and professional guidance, you can successfully navigate the process and achieve a satisfactory outcome.
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