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)
Question on tenancy agreement
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 Feb 15 2016, 12:41 PM
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Feb 17 2016, 10:27 AM
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QUOTE(I_bryan @ Feb 15 2016, 04:08 PM) Thanks n which means to say just one name inside TA rite? Yes. One Landlord and ONE Tenant only. |
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Mar 1 2016, 10:54 AM
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QUOTE(aurora97 @ Feb 25 2016, 03:50 PM) Can you please quote the entire section of section 225(2) of NLC? Hi,As I recall, tenancy is a non registrable interest as opposed to lease. Also, a lease n a tenancy have different rights and obligations. 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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Mar 2 2016, 09:09 PM
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QUOTE(aurora97 @ Mar 2 2016, 02:51 PM) am not a conveyancing practitioner but i don't think that is what the act meant. Hi,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....  Contractually you can have more than one party entering into an agreement and "jointly and severally" liable for any breach Not in lease and tenancy. You cannot severe the possession. "They" can only "jointly and severally" guarantee that the tenant will pay to the landlord on time. 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? If I'm Ali or Ah Chong, I'll argue that the tenancy cannot be construed in the first place and as such there is no tenancy. again the interesting question can 2 or more tenants be part to a tenancy agreement? No. This is because of exclusive possession. When there are two tenants, which tenant shall have the north south east west area of the unit? That is why you can only transfer the whole, but not a part only, of any alienated land or the whole, but not a part only, of any undivided share in alienated land (S214(1) NLC). A bit hard to explain in writing. I'll try my best. Assuming you owns a land and want to transfer half portion to A. Legally, you will need to transfer out then transfer back to you half and another half to A. You cannot transfer half automatically to A. Similarly, I believe for land titles you can have up to 4 person, beyond that it should be held on trust or nominee etc... IINM, you can have more than 4 names in the title except in agri land where a person's shares must be more than 1 acre after divide. Will come back to you on this point once I check. For the 4 names, i believe you are referring to S344(4) NLC, which is different scenario. 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? You can put 2 landlords' names but you can only grant to one person ie tenant. |
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