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 Tenancy Agreement

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TSdiversity
post Apr 27 2017, 10:40 AM, updated 9y ago

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Hi all,

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I'm going to rent my property to a relative of mine starting May next month. I'm interested in buying my second property in the near future, so I wanna use my tenancy to boost my loan repayment capabilities (boost my DSR).

As a poor person, I'm drafting my tenancy agreement myself and plan to do everything A-Z (stamp etc) myself

1) normally tenancy agreement is 1 year period right? since its long term, can I put longer like 3 / 5years? is it acceptable?

2) I noticed that most tenancies they put 1 year period + 1 year option to extend at prevailing market rate mutually agreed upon. Meaning maximum can 2 years only right?


If can only do like 1 year + 1 year option, does that mean every2 years I gotta sign the agreement again and stamp again??

Thanks all

TSdiversity
post Apr 27 2017, 11:20 AM

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QUOTE(casseylim001 @ Apr 27 2017, 10:49 AM)
1) Yes, you can put longer term, but your stamp duty will be higher. One of the ways is you put one year but the tenant has the option to continue renting with the agreed amount (same amount or increase by how many percent).

2) You can actually put more than that. But depend, if tenant will able to find cheaper one or places more convenient to them, they may move after the minimum period. The option will not cost anything to them.

It is good that you sign another agreement after the earlier one end, or else the tenant has the freedom to move out or not paying you because no more agreement bound.
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QUOTE(shaniandras2787 @ Apr 27 2017, 11:06 AM)
1) one (1) year + one (1) year [optional] is the norm currently being practiced in the market and you can depart from the norm and imposes either two (2) or three (3) years on the principal period and with an option of either one (1), two (2) or three (3) but never three (3) simply because any period more than three (3) years continuously amounts to a lease, you don't want to lease your property.

2) you can go to a maximum of hundred (100) years if the parties have not issues but noted my paragraph (1) on the issue of lease and also, limitation period sets in after six (6) years. the only good thing you get out of having long extendable option periods is that you don't need to redraft a new tenancy agreement, all you need to do is have a letter to confirm the exercise of the option and then have it stamped ad valorem.

3) you are right, if you have a two (2) years + two (2) years tenancy agreement, once the entire four (4) years period has lapsed then you need to prepare a fresh tenancy agreement.
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if I put 1 year + option 1 year.. let's say in the third year still continuing at same rate. Will bank accept my tenancy agreement when applying for loan?
or can I put 1 year + option to continue unless termination notice is GIVEN. Or confirm bank will only accept 1+ option 1 year only

Basically I'm renting to relatives long term as stated, so no need worry about anything.

I just want the easiest method for loan application in the future next time.

 

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