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I'm a first-timer renting a property. I rented a room from a HDB flat owner through an agent representing the landlord for about 6 months already. Recently I have discovered some issues while renting the place. On the day when I first signed on the tenancy agreement, I was told by the agent that the landlord would cover the Stamp Duty fees. I was also told by the agent that a copy of the electronic agreement would be sent to me. Apart from a letter of intent received on the day itself, I never received a copy of the tenancy agreement. It was a few days later when I had to request for it, before the agent sent another copy asking for my signature again. Thinking that it was a duplicate copy, I signed on it and left it as it is. More than 6 months later which is now, I re-read the chat group messages and discovered that the duplicate copy was actually signed by the wife of the flat owner even though the tenancy agreement lists the husband's name on it. This means that the original copy which I first signed had disappeared and was never sent to me. At the same time, I checked with HDB and found out that the flat owner hasn't obtained a permit to rent, nor has he registered me as a tenant of his flat. A check with IRAS also states that no tenancy record of duty fees being paid exists for the flat owner. I would like to know if this is considered fraud and what should I do about it at this point? Thank you.
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3 Answers

Hi,

Is there any way for you to be able to locate or to contact the landlord itself?

Regards
Aaron
 9730 8455 
aaronchong2774@yahoo.com.sg Read More
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Since this is a room rental, are the landlords staying in the apartment as well? And are you sure that the landlords you are referring to are the correct landlords? Read More
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This is a concerning situation, and while it may not necessarily amount to *fraud* outright, it does indicate several serious issues and potential violations of regulations. Let's break it down:

### Key Issues You’ve Identified:
1. **Failure to Provide a Copy of the Tenancy Agreement:**
- It's legally required for both parties (tenant and landlord) to receive a copy of the signed tenancy agreement. The fact that you only received a copy after multiple requests and not the original copy you signed raises a red flag.

2. **Signed by the Wrong Person (the Landlord's Wife):**
- If the document you signed lists the husband's name as the landlord, but the copy you have was signed by the wife (who may or may not have legal authority), this could lead to confusion or disputes regarding the validity of the agreement.

3. **No Stamp Duty Payment:**
- Stamp duty is required for rental agreements in Singapore, and it should be paid within 14 days of the agreement’s signing. If the landlord has not paid the stamp duty, this could be a breach of the law.

4. **No Rental Permit or Registration with HDB:**
- According to Singapore’s HDB rules, a landlord must obtain permission to rent out their flat and register tenants with HDB. The fact that this hasn’t been done suggests non-compliance with the law. Renting a flat without the necessary permissions could lead to penalties for the landlord.

### Legal Implications:

1. **No Stamp Duty:**
- If the landlord has not paid the stamp duty on the agreement, this is a violation of tax laws. However, it’s typically the landlord’s responsibility to pay this fee, even if the agent promised to do so. If stamp duty is not paid, the tenancy agreement is not legally enforceable.

2. **Failure to Register with HDB:**
- By not obtaining approval from HDB or registering the tenancy, the landlord could face fines. HDB may also not recognize your tenancy, and this could affect your legal rights as a tenant, especially if there is a dispute.

3. **Possible Misrepresentation by the Agent:**
- The agent’s claim that the landlord would cover the stamp duty fee, and the failure to deliver the tenancy agreement properly, could be considered as misrepresentation or negligence in their professional duties. Real estate agents in Singapore are regulated by the Council for Estate Agencies (CEA), and they are expected to uphold certain standards of service.

### Steps You Can Take:

1. **Speak to the Landlord:**
- Directly approach the landlord and ask for clarification on the issues you've discovered. Express your concerns regarding the missing stamp duty payment, the registration with HDB, and the incorrect signing of the agreement. It’s best to do this in writing (via email or text) so that you have a record of your communication.

2. **Seek Assistance from the Real Estate Agent’s Agency:**
- If you rented the room through an agent, you can file a formal complaint to the agent’s company. The agent might have acted negligently by not providing the proper documents, or there could be a case of misrepresentation regarding the stamp duty payment.
- If the agent belongs to a regulated agency under the Council for Estate Agencies (CEA), you can lodge a complaint with CEA for malpractice. They can investigate whether the agent's actions violated the professional code of ethics and take appropriate action.

3. **File a Complaint with the CEA:**
- The Council for Estate Agencies (CEA) oversees real estate practices in Singapore. If you believe the agent has misrepresented any terms, you can file a complaint with them. CEA can investigate the agent's conduct and take disciplinary actions if necessary. You can do this through the CEA website.

4. **Contact HDB:**
- Since you mentioned that the landlord has not registered the tenancy with HDB, you may want to notify HDB of the situation. While HDB usually deals directly with landlords, you should make them aware that you are a tenant in a flat t Read More
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