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Tenant is contesting that the Tenancy Agreement used by Estate Agents does not allow for tenants to break lease. So he is going to Small Claims to state that contract is null and void so that he can break lease and get the security deposit back. Is there such a reason to break lease ?
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6 Answers

unless the tenant can prove that he was coerced into signing the lease, or signed the lease under duress, then the contract is void.

It is going to be very difficult to prove that they signed under duress. Hence it is highly unlikely that the case can be successful.

In all situations, if either party is not happy with the contract, the terms are negotiable.

Cheers,
Yian Tay Read More
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  • AG
    Hi Yian Tay,

    Thank you for your reply. Do keep in touch as we have 2 apts that are rented out. One has its lease ending this year. I have found a tenant after this bad tenant moves out, so lease is for a year. If your service is good, it will be long-term.
    Mrs Angeline Goh
Dear Angeline

A general opinion from 93339088  .

As a LLB law degree holder agent(which helps me to identify issues based on law), there is nothing that cannot be broken or upheld. It's part of Natural Law.

The issue hence is more of compensation.

If the party breaking the lease is at fault, then there wil be compensation. To wildly claim null and void is a mere utterance and anybody is entitled to its opinion, of course.

The decibel can be as loud as his physical condition would afford and up till the extent where the law would allow.

At the end of the day, the law prevails.

However, it bears to note the following:-
1) A contract is void (vitiated)if there is fraud e.g. owner rents to multiple tenants for the same unit;
2) It's also void if the owner does not deliver what had been promised in writing e.g. given single bed rather that King's size bed
3) There is dispute as to the terms e.g. owner fails to provde suitable furniture

There are myriads of permutation and each case rests on its own facts.

I shall be delighted if I can hear from you and render an opinion (not binding of course) on the facts. And shall be happy to find you an alternatively acceptable tenant with your permission and authority.

Thanks.

Sincerely

Gary Lee
 9366 9088 
LLB, BA, CEHA equi
valent, Licence holder Read More
0
Dear Angeline

A general opinion from 93669088  (wrongly stated earlier as 93339088  - apologies)

As a LLB law degree holder agent (which helps me to identify issues based on law), there is nothing that cannot be broken or upheld. It's part of Natural Law.

The issue hence is more of compensation.

If the party breaking the lease is at fault, then there wil be compensation. To wildly claim null and void is a mere utterance and anybody is entitled to its opinion, of course.

The decibel can be as loud as his physical condition would afford and up till the extent where the law would allow.

At the end of the day, the law prevails.

However, it bears to note the following:-

1) A contract is void (vitiated)if there is fraud e.g. owner rents to multiple tenants for the same unit;

2) It's also void if the owner does not deliver what had been promised in writing e.g. given single bed rather that King's size bed;

3) There is dispute as to the terms e.g. owner fails to provde suitable furniture

There are myriads of permutation and each case rests on its own facts.

Disclaimer: What I have done is to express an opinion which as usual, anybody can have. This is not an advice and must not be construed as such. For legal issues, it's trite to say that only a legally qualified person in practice can do so. I am not. I am only an agent who happens to hold a LLB degree.

Hence, I shall be delighted if I can hear from you and render an further opinion (not binding of course) on the facts.

And shall be happy to find you an alternatively acceptable tenant with your permission and authority, as an agent.

Thanks.

Sincerely

Gary Lee
 9366 9088 
LLB, BA, CEHA equivalent, Licence holder Read More
0
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