COMMON DISPUTES AMONG LANDLORDS AND TENANTS IN RESIDENTIAL PROPERTIES

Abstract

The falling demand and poor market sentiments in the property market has resulted in many buyers/sellers adopting the ‘wait and see’ approach, coupled with the rise in population due to immigration and foreigners coming into Singapore, many individuals and families have turned to leasing property to meet housing needs. However, there are many important flashpoints that are essential to create a healthy landlord and tenant relationship in a lease. In reality, many landlords and tenants have experienced disputes due to several reasons and this study seeks to find out more about the residential disputes and the remedies available. The findings in this study showed that leases are afterall contracts and the privity of contract holds through, yet parties have been found not to understand and internalize the terms and conditions stated in a tenancy agreement thus paving their way to future disputes. The few common disputes between landlords and tenants are also highlighted in this study and the remedies available for each party in different context are examined and elaborated through the case laws and interviews from landlords, tenants, property agents and expert opinions. The study has found that even though most terms stated in the tenancy agreement are adequate in providing guidance for the roles and responsibilities of landlords and tenants respectively, it is noted that most tenancy agreements are still slightly biased towards the landlord’s interests. However with a change in market sentiments, tenants may now have more bargaining power and constructive negotiations can occur to safeguard personal interests. This study will benefit future residential landlords and tenants who are seeking to go into a tenancy agreement by allowing them to have a deeper understanding of the common disputes and measures to prevent it.