QUOTE(dariofoo @ Jun 14 2012, 04:35 PM)
Greetings,
Well, Clause 1 is actually understood and you don't need to put it in. It is the right of the vendor whether to agree to an extenstion/renewal of the tenancy once it has expired. But there is no harm in doing so. You can do so just for the sake of completion.
Clause 2 is a bit on the sensitive side for several reasons.
- it is too general and wide.
- it basically gives you the right to terminate utilities at any time without any reason whatsoever.
- if there is a clause which says that the
vendor shall grant the tenant peaceful and uninterrupted usage of the premises, then Clause 2 s a direct contradiction to it.
- who disconnects water and electricity? Are you going to instruct the JMB to lock the meter? Or the water utility company to terminate the account? If TNB, are you going to request TNB to disconnect?
I gather that your intent is to stop the tenant from racking up huge bills. As such, you would need to amend the clause to be more detailed to include the following circumstances:
1. When does the right to terminate arises?
2. Do you need to give notice before termination or is it without? How long would the notice be?
3. Is there a maximum limit for the tenant to have outstanding before you exercise the right?
4. If the arrears are paid, when do you reconnect? Who has to reconnect (or contact the authorities to reconnect?) Who bears the cost?
5. Does it go to the root of the contract and gives you the right to terminate the contract?
Consider all that first before proceeding.
Hi Dario,
Thank you for the advice.
My intention is to get back my house at the earliest.
The previous tenancy agreement lapsed few month ago. The tenant has been dragging his feet to move out, giving all kind of excuses. He even challenge me to serve him notice to vacant or accept the rental for additional months. I am reluctant to go to court. I have no choice but to draft a new agreement as he promise (verbally) to move out after few months.
All the above led me want to include certain clauses to "encourage" the tenant to surrender vacant possession of the demised premises on or before determination of the term. (determination of the term means end of the agreement, right?)
Clause 1 & Clause 2 are only enforceable after the end of the term (determination of the term). This should be clear and enough? Can a Landlord do that? meaning I will cut the water and electricity after the agreement lapsed without giving any notice.
Shouldn't the clause which says that "the vendor shall grant the tenant peaceful and uninterrupted usage of the premises" is only enforceable during the term of the agreement? After end of that period of time, the Landlord has no obligation to covenant the above.
It seems like to terminate the contract, the tenant needs to breach the term and conditions stated in the contract. If no breach happen, the landlord has no reason to terminate the contract. Shouldn't the end of contract will give Landlord a bit of breathing space to have remedy without going to court?
Dec 29 2011, 11:43 PM
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