QUOTE(dariofoo @ Mar 19 2011, 08:08 PM)
Bro, in your earlier post, you said, "On another note, what if it has been specifically mentioned in the Tenancy Agreement that the Landlord has the right to lock the doors and prevent the Tenant from accessing the premises if certain rules have been broken"
Emphasis added at the end there whereby my understanding was that there were some sort of house rules for the tenant to follow. As such, my reply to that was that such rules much be detailed and the way such rule would be deemed to be breached by the tenant must also be detailed.
Now you've zoomed in and stated that if the tenant does not pay-up - you've focused on that one breach. You're not referring to 'certain rules' anymore.
So now you see why we're at crossroads,buddy?
Well, if the tenant fails to pay up, I think that goes to the root of the tenancy agreement itself and the remedy is to elect to terminate the contract, right? Why waste time to cut utilities, etc? I don't think it is just easy to just disconnect and re-connect utilities with a mere phone call. I'm sure there would be re-connection fees as well. And what if the authorities are slow to re-connect once the tenant has paid up? Who's going to responsible for the fact that the property has no electricity/water? Wouldn't the landlord then be guilty of fulfilling his side of the bargain? Wouldn't the tenant then have a cause of action against the landlord for breach of contract?
That's why I think it would be too messy to go that way - cutting off utililities when there's unpaid rental.
Bro,.. yes, understood on both points,... Emphasis added at the end there whereby my understanding was that there were some sort of house rules for the tenant to follow. As such, my reply to that was that such rules much be detailed and the way such rule would be deemed to be breached by the tenant must also be detailed.
Now you've zoomed in and stated that if the tenant does not pay-up - you've focused on that one breach. You're not referring to 'certain rules' anymore.
So now you see why we're at crossroads,buddy?
Well, if the tenant fails to pay up, I think that goes to the root of the tenancy agreement itself and the remedy is to elect to terminate the contract, right? Why waste time to cut utilities, etc? I don't think it is just easy to just disconnect and re-connect utilities with a mere phone call. I'm sure there would be re-connection fees as well. And what if the authorities are slow to re-connect once the tenant has paid up? Who's going to responsible for the fact that the property has no electricity/water? Wouldn't the landlord then be guilty of fulfilling his side of the bargain? Wouldn't the tenant then have a cause of action against the landlord for breach of contract?
That's why I think it would be too messy to go that way - cutting off utililities when there's unpaid rental.
For the first point : I was mentioning about a set of house rules earlier, and later I spoke about a single term instead,... hence you were talking about the set of rules, thanks for clarifying,...
For the second point : I think if the tenant has breached the single term being the mode of rental payment, then everything should kick-in, namely cutting of utilities and re-accessing premises - no need to think so much anymore. After that, whatever else that takes place is to be borne by the tenant. And all these need to be written out nicely in the Tenancy Agreement for the prospective tenant to see, in order to be fair to them.
Mar 20 2011, 12:39 PM

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