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 Question on tenancy agreement

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aurora97
post Feb 25 2016, 03:50 PM

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QUOTE(me_1980s @ Feb 15 2016, 12:41 PM)
Yes, you can put just your mother's name.
But the TA cannot be given to two or more persons ie no two names in TA. (Section 225(2) National Land Code)
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Can you please quote the entire section of section 225(2) of NLC?

As I recall, tenancy is a non registrable interest as opposed to lease. Also, a lease n a tenancy have different rights and obligations.
aurora97
post Mar 2 2016, 02:51 PM

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QUOTE(me_1980s @ Mar 1 2016, 10:54 AM)
Hi,

225. General restrictions on powers conferred by this Chapter.

(1) The powers conferred by this Chapter shall be exercisable in any particular case subject to-
(a) any prohibition or limitation imposed by this Act or any other written law for the time being in force;
(b) any restriction in interest to which the land in question is for the time being subject; and
© so far as they are conferred on lessees, sub-lessees and tenants, the provisions, express or implied, of the lease, sub-lease or tenancy in question.

(2) Without prejudice to paragraph (a) of sub-section (1), no lease or tenancy may be granted to two or more persons or bodies otherwise than as trustees or representatives.
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am not a conveyancing practitioner but i don't think that is what the act meant.

Contractually you can have more than one party entering into an agreement, only difference as a Landlord i would make each of the individual tenants to the agreement "jointly and severally" liable for any breach of the agreement.

So assuming Ali and his friends (x4) enter into an agreement with the landord, does that mean only Ali and Ah chong who enter into the tenancy agreement are liable, whereas the other 3 tenants are not? What if the breach is caused by the 3 tenants and not Ali and Ah Chong?

Of course, this issue can be easily resolved by executing one tenancy agreement with each of the tenants but then again the interesting question can 2 or more tenants be part to a tenancy agreement?

Now coming back to the NLC provision, my 2 cents is that it is not intended to limit the number of ppl contracting with the landlord but rather and i suspect... intended to limit the number of ppl who are able exercise certain rights under the NLC.

For example Section 213(3), the tenancy can be protected by endorsement on the RDT... now if i have 5 tenants, the RDT would probably be pretty cluttered.

Similarly, I believe for land titles you can have up to 4 person, beyond that it should be held on trust or nominee etc...

Lastly also interesting to note... "normally" the landlord is the land owner and sometimes the land can be owned by more than one person... meaning even though there are 2 owners of the land but I am only allowed to put one landlords name?

doesn't quite cut it.... rclxub.gif


 

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