LETTER OF INTENT
Singapore Expats leasing, renting guide – This page covers a step by step guide and information on the procedures for expat to rent or lease property like an apartment or house in Singapore.
You have decided on take up a property and you need to prepare the following:
- Photocopied passport
- Photocopied employment pass
- One month’s rental for the goodfaith deposit
Letter of Intent
The Letter of Intent, LOI for short, is a letter proposing your intention to lease and your requirements to the landlord. You should take note of the following:
1. Diplomatic or Repatriate Clause
This clause is to safe guard you if in the event you are no longer employed, transferred to other countries, you can terminate the lease after 12 months by giving 2 months notice. Thereafter, the security deposit will be refunded to you. Please note that most landlords will only include the diplomatic clause if the lease is more than a year.
2. Goodfaith Deposit (Booking deposit)
This is the booking deposit, usually the amount is one month’s rent. After the landlord signed the Letter of Intent and accept this deposit, he cannot rent the property to other party. This deposit will become part of the security deposit or advance rental after the Tenancy Agreement is signed.
3. Security Deposit
The amount of the security deposit is usually stated in the Letter or Intent. The standard practice in Singapore is usually one month’s rent for every year of lease. It will only be payable upon signing of the Tenancy Agreement. When the lease term ends, the deposit will be refunded without interest. However, the landlord reserves the right to deduct from the deposit all costs and expenses arising from the tenant for breaching any of the covenants stated in the Tenancy Agreement.
4. Term of Lease
In Singapore, the standard lease period is more than 1 year, with or without an option to renew the lease. The lease renewal is usually for another 1 to 2 years. For the lease renewal option, the landlord would normally require that you give 2 or 3 months’ advance notice of your intention to renew. Most landlords will not accept leases that are less than 1 year.
5. Your Requirements
Ensure that all your requirements and requests are stated in the Letter of Intent clearly. Like requesting a new sofa, new bed or new washing machine etc. After the landlord had signed the Letter of Intent, he is bound by the Letter to provide your requests.
Fully Furnished (F/Furn) or Partially Furnished (P/Furn) – Fully furnished means the apartment or house you are renting comes with all the furniture, white goods (refrigerator, washer and dryer) and all the essential electric appliances. Partially furnished apartments or house usually only comes with white goods, curtains, lightings or some other loose items. Although a house may be partially furnished at the time of viewing, you can always request the landlord to fully furnish it or request him to get the items you require. All these issues are always negotiation and will determine the final rental amount.
After the Letter of intent is duly signed. The landlord will prepare the Tenancy Agreement. Any legal fees incurred for the drawing up of the agreement is usually borne by the tenant. However, if the landlord’s agreement is acceptable, there will usually not be any legal fees involved.
If the landlord or the landlord’s agent is using the standard IEA agreement, it should be fine. Your agent will then ensure that the Tenancy Agreement is fair and unbiased.
You will need to prepare the rest of the security deposit and advance rental upon signing of the Tenancy Agreement. For 1 year lease – 1 month’s deposit and 1 month’s advance rental. For 2 years lease – 2 month’s deposit and 1 month’s advance rental. Minus the goodfaith deposit (if applicable) that you have paid when signing the Letter of Intent.
These are the important terms you should take note of when signing the Tenancy Agreement:
1. Diplomatic or Escape Clause and Reimbursement Clause
Check for this clause. This clause is to safe guard you if in the event you are no longer employed, transferred to other countries, you can terminate the lease after 12 months by giving 2 months notice. Thereafter, the security deposit will be refunded to you. Please note that most landlords will only include the diplomatic clause if the lease is more than a year.
In a standard Singapore Tenancy Agreement, there is usually the reimbursement clause together with the diplomatic clause. This clause states that if you exercise the diplomatic clause, you will have to reimburse part of the commission the landlord had paid to his agent.
The reason behind this clause is that the landlord had paid the full one month’s agent commission for a 2 years lease but if you terminate the lease by exercising the diplomatic clause, hence unable to complete the full 2 years, you will have to refund the pro-rata commission. Since landlord grants the diplomatic clause, they will usually demand reimbursement clause to be included in the tenancy agreement.
2. Public Utilities, Telephone and Cable Television
The installation charges and the monthly bills for the following services are the tenant’s responsibility:
- SP Services – the water and electricity supply
- City gas – piped gas in selected areas.
- Singapore Telecom- residential telephone line.
- Starhub Cable Vision (SCV) – cable television and cable broadband internet.
Although at times the tenant can request for some of the fixed bills to be included in the rental amount as a package.
3. Repairs and Maintenance
The tenant is responsible for maintaining the leased premise, carry out minor repairs at own costs. In a standard agreement, the tenant will only be responsible if the amount of the repair does not exceed S$100 or S$150.
Only major repairs and maintenance would be the landlord’s responsibility provided that the damage or malfunction of appliances is not caused by the tenant’s negligence.
The tenant will have to take up service contract for items such as air-conditioning, gardening, pest control or pool servicing.
4. Rental Amount
Check the rental amount. Sometimes the landlord will divide the rental amount into a. rental of premises, b. rental of furniture and fittings, c. maintenance fees. Just make sure it adds up to the correct amount that you have agreed.
5. Stamp Duty
In Singapore, Tenancy Agreement will need to be stamped by the Inland Revenue Authority of Singapore. Only after the Tenancy is stamped then it can be considered a valid contract as evidence in court for any disputes that may arise in the future with your landlord. This is to protect the interest of both parties. The stamp duty is usually borne by the tenant.
Computation of the stamp duty fee (updated 22 Feb 2014):
Rental Period of 4 years (48 months) or less:
Total rental x 0.004 then round down to the nearest dollar
Example 1a Monthly rent is $5,000
Term of lease is 2 years (24 months)
Therefore, stamp fee = 5000 x 24 x 0.004 = $480
Monthly rent is $3,888
Term of lease is 3 years (36 months)
Therefore, stamp fee = 3888 x 36 x 0.004 = $599.872 = $559 (rounded down)
Rental Period MORE than 4 years (48 months)
Total rental divided by the number of years (average annual rent)
Then use the above answer x 0.016 then round down to the nearest dollar
Monthly rent is $5,000
Term of lease is 5 years (60 months)
5000 x 60 / 5 = 60000
60000 x 0.016 = $960
Stamp fee = $960
Monthly rent is $3,888
Term of lease is 6 years (72 months)
3888 x 72 / 6 = 46656
46656 x 0.016 = $746.496
Stamp fee = $746 (rounded down)
6. Term of Lease
The standard lease period is 1 year or more, with or without an option to renew the lease.
Taking Over the Property
The landlord will prepare an Inventory List on or before the day of handing over. Check the items listed in the inventory. Check all electrical appliances, air-con, lightings, water heater etc.
If there is anything unsatisfactory, do not panic, note it down on the inventory. Even brand new houses have defects, therefore be understanding and allow the landlord to rectify it within a reasonable period.
As each realtor may charge differently, please refer to your realtor for the service fee payable.
Tenant and landlord should ensure that an invoice from a licenced real estate agency is issued to them. Upon payment, do not pay cash directly to the realtor, instead, issue a cross-cheque payable to the realtor’s agency according to the invoice.