Jul 1 2020, 12:18 AM
QUOTE(Samuel.Realtor @ Jul 1 2020, 12:05 AM)
I used to help my client to settle similar issue as yours.
My client rent out the property to a foreigner. Before the tenancy expiry, Mr A informed my client that he will not continue the tenancy and requested to offset from the paid deposit. My client agreed. However, the tenant refused to move out when the tenancy expired. My client came to me and asked for advice. After checking the status, both of us found the tenant did not pay for utility bills for several months.
So, we brought all documents – sale purchase agreement (SPA), stamped tenancy agreement and outstanding bills – and make a police report. Thereafter, police accompany us to enter into the property and “invite” the tenant – trouble maker – out from the property. Meanwhile, police took photos and file the case.
You may consider taking similar steps but please read your Tenancy Agreement(TA) before taking any action. Most landlords do not read the TA. You need to make sure there is such clause stated that tenant is not allowed to offset their rental from the paid deposit.
If you disconnect water and electricity supply personally or without making the police report, you are against the law. The tenant reserve the right to sue you.
You are an expert. Yes you are right. Landlord cannot terminate the electricity or water without a police report. But I never hear the police would accompany landlord to go "invite" the tenant out. Most of the time they just complete the report and that's it. I do hear from housing agents that landlord need to find other "bros" to "invite" the tenant out. My client rent out the property to a foreigner. Before the tenancy expiry, Mr A informed my client that he will not continue the tenancy and requested to offset from the paid deposit. My client agreed. However, the tenant refused to move out when the tenancy expired. My client came to me and asked for advice. After checking the status, both of us found the tenant did not pay for utility bills for several months.
So, we brought all documents – sale purchase agreement (SPA), stamped tenancy agreement and outstanding bills – and make a police report. Thereafter, police accompany us to enter into the property and “invite” the tenant – trouble maker – out from the property. Meanwhile, police took photos and file the case.
You may consider taking similar steps but please read your Tenancy Agreement(TA) before taking any action. Most landlords do not read the TA. You need to make sure there is such clause stated that tenant is not allowed to offset their rental from the paid deposit.
If you disconnect water and electricity supply personally or without making the police report, you are against the law. The tenant reserve the right to sue you.
But for those outstanding electricity bills... headache as TNB cannot set an amount if not paid auto cancel. Most of the time they go by periods of check... so if you lucky you only run into 1 to 2k worth of electricity bill, if unlucky heard of 5 digit bill too... not sure nowadays still got such 5 digit cases where TNB still doesn't terminate the power.
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