Asked by w***@hotmail.com
Replacement Clause
“To replace window panes, locks, keys, electric bulbs and tubes which are broken or damaged during the said term. For any other fixture belonging to the Premises which are broken or damaged, the Tenant shall bear the initial cost of the repair and/or replacement up to Singapore Dollars $150 per item. Any excess cost of repair and/or replacement shall be borne by the Landlord”
Context
I moved in June 2020 and in less than half a year we noticed the fridge was broken. The landlord told us before that she brought it second hand at less than $150. We seek a replacement and decided to split 50% between tenants and landlord assuming that the landlord would renew our TA, verbally agreeing if the tenants decided not to continue the fridge belongs to her(a gentlemen’s agreement on her words). After a year, she decided not to renew the TA so the tenants wish to seek compensation on the fridge. The landlord then states its part of the inventory list therefore its considered a fixture and we are still liable for the initial $150.
The inventory states all fixtures and fittings includes refrigerator. Is a fridge considered fixture or fitting? If its a fitting, does it mean we are not liable for 150$? If its a fixture, should the inventory list cover all window panes, locks and keys(not covered)?
With the understanding that the original fridge was secondhand and under the cost of $150, can we deem it wear and tear since we used less than half a year and it broke down and we are not liable to replace it? We asked a technician to see if the fridge was repairable but he said its a motherboard issue and recommend getting a new one instead. The service cost $50 and the new fridge cost $519 including $50 to dispose the old fridge.
Thank you for reading and any advice is greatly appreciated!
“To replace window panes, locks, keys, electric bulbs and tubes which are broken or damaged during the said term. For any other fixture belonging to the Premises which are broken or damaged, the Tenant shall bear the initial cost of the repair and/or replacement up to Singapore Dollars $150 per item. Any excess cost of repair and/or replacement shall be borne by the Landlord”
Context
I moved in June 2020 and in less than half a year we noticed the fridge was broken. The landlord told us before that she brought it second hand at less than $150. We seek a replacement and decided to split 50% between tenants and landlord assuming that the landlord would renew our TA, verbally agreeing if the tenants decided not to continue the fridge belongs to her(a gentlemen’s agreement on her words). After a year, she decided not to renew the TA so the tenants wish to seek compensation on the fridge. The landlord then states its part of the inventory list therefore its considered a fixture and we are still liable for the initial $150.
The inventory states all fixtures and fittings includes refrigerator. Is a fridge considered fixture or fitting? If its a fitting, does it mean we are not liable for 150$? If its a fixture, should the inventory list cover all window panes, locks and keys(not covered)?
With the understanding that the original fridge was secondhand and under the cost of $150, can we deem it wear and tear since we used less than half a year and it broke down and we are not liable to replace it? We asked a technician to see if the fridge was repairable but he said its a motherboard issue and recommend getting a new one instead. The service cost $50 and the new fridge cost $519 including $50 to dispose the old fridge.
Thank you for reading and any advice is greatly appreciated!
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