Asked by f***@gmail.com
Hi Property Gurus.
We have special clause agreed between Landlord and Tenant as follow. The deposits paid but tenancy yet signed by both parties.
Question:
(i) is the tenancy agreement still consider a valid tenancy agreement in the absent of signature by both parties? Tenant ask for deposit refund.
(ii) Reason asking for full deposit refund as tenant still unable to move in as of today due to online Learning mode extended. Can tenant apply clause b to ask for deposits refund? as clause b does not mention deposits can be refunded, only mentioned deposit can't be forfeited.
Clause extracted from TA:
In view of the impact of COVID-19, Landlord has to assess the impact for each decision made by University and to conduct discussion with tenant.
Landlord and tenant hereby agreed the following:
(a) Tenant will pay Landlord a rental deposit of XXX and utilities deposit of XXX
for reservation of a single room for which the tenancy period shall start from July 2021.
(b) In the event tenant not to move in on July 2021 due to the Virtual Teaching and Learning extended by Univertsity, Landlord has no right to forfeit the deposits
paid by tenant and no rental shall be collected during this period. Landlord shall
only collect rental upon tenant move in.
(c) In the event University offer an option to student to return to Campus, Landlord shall not collect the rental from tenant if tenant opt for online classes and not
returning back to Campus. Landlord shall only collect rental upon tenant move in.
(d) In the event tenant delay or choose not to move in due to personal reason (i.e early termination of University due to COVID-19 or other reason, internship and etc), all deposits paid will be forfeited.
We have special clause agreed between Landlord and Tenant as follow. The deposits paid but tenancy yet signed by both parties.
Question:
(i) is the tenancy agreement still consider a valid tenancy agreement in the absent of signature by both parties? Tenant ask for deposit refund.
(ii) Reason asking for full deposit refund as tenant still unable to move in as of today due to online Learning mode extended. Can tenant apply clause b to ask for deposits refund? as clause b does not mention deposits can be refunded, only mentioned deposit can't be forfeited.
Clause extracted from TA:
In view of the impact of COVID-19, Landlord has to assess the impact for each decision made by University and to conduct discussion with tenant.
Landlord and tenant hereby agreed the following:
(a) Tenant will pay Landlord a rental deposit of XXX and utilities deposit of XXX
for reservation of a single room for which the tenancy period shall start from July 2021.
(b) In the event tenant not to move in on July 2021 due to the Virtual Teaching and Learning extended by Univertsity, Landlord has no right to forfeit the deposits
paid by tenant and no rental shall be collected during this period. Landlord shall
only collect rental upon tenant move in.
(c) In the event University offer an option to student to return to Campus, Landlord shall not collect the rental from tenant if tenant opt for online classes and not
returning back to Campus. Landlord shall only collect rental upon tenant move in.
(d) In the event tenant delay or choose not to move in due to personal reason (i.e early termination of University due to COVID-19 or other reason, internship and etc), all deposits paid will be forfeited.
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