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 Question on tenancy agreement

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shaniandras2787
post Mar 3 2016, 09:31 AM

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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.

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Tumpang lalu only =P

I agree that it is indistinguishable to determine which part of the tenanted property belongs to who if the property is to be rented out in parts (ie. room by room), in this aspect, it is rational to have each and every tenant execute a separate tenancy agreement with the landlord to stipulate exactly which part is being tenanted out to who. This is clear.

The question is this, what happens if a husband and wife decided to just rent the entire double storey house. If the husband is the only contracting party, does that mean only the husband has rights to occupy the property and evict the wife at any material time? Does that mean that if the wife intends to secure for her benefit of not being evicted, should she execute a separate tenancy agreement with the landlord too?



 

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