I have bought a resale flat and the seller and I signed an agreement for a 2 month temporary extension of stay. However, the seller now refuses to move out on the earlier agreed date and said he wants to pay rent. But i don't agree as the buyer - as i want to'start renovation asap and move into the house for the CNY 2018. What can i do? The agreement that my agent prepared did not include this clause that it should be "based on mutual agreement"although it is clear on HDB site that it must be based on mutual agreement. The agent also didnt include an exception clause for termination. I have been badly advised by my agent. What is the best thing i could do? Seek legal's help to send a legal notice OR lodge a police report to evict the seller on the initially agreed day? Thanks in advance.
In the eyes of the law, you are not supposed to collect "rent" for your HDB, as you will need to fulfill the 5-year MOP before you can "sublet" the unit.
Also, the temporary extension of stay may not be valid either. As the Sellers will need to have already committed to their next housing, before being eligible for this extension of stay.
Should you need any further assistance in matters relating to property, please contact me at my mobile 9748 6305 . I will be happy to assess and share with you the possibilities for you and your partner in the current market.
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Thanks, the seller is not communicating and insisted he can stay for 3 months. I called HDB and they said they don't care as it's mutual agreement between buyer and seller. I told them the so-called agreement with 2 months of free stay/ extension of stay. But i don't agree to the 3rd month of extension even if seller wants to "compensate"". HDB said to seek lawyer's advice but also said, as the new flat owner, i own the flat and have the right to go into the system to terminate the extension stay by informing HDB via the portal, if there is no mutual agreement for further extension. My agent said to call police to evict seller on that day. Not the most ideal options.