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Thread: can amend tenancy agreement?

  1. #1
    Join Date
    Mar 2009
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    13

    Default can amend tenancy agreement?

    hi,
    would like to hear some views from fellow forummers...
    my friend have 2 unit at a certain project.
    one unit "A" it tenanted and one unit "B" is vacant.
    and he have spoken to the tenant and they agreed to shift from their current unit "A" to his other vacant unit "B" at a certain terms, i.e he will compensate the tenant for their inconvient etc.
    the current tenancy ends on Sept 2012.
    but they have agreed to extend the new contract further to Sept 2014 upon shifting to unit "B".
    can i ask what is the proper procedure to handle this case?
    can he write a black and white stating the amendment made to the original tenancy agreement but terms and conditon follows the original agreement?
    or he should rewrite a new tenancy agreement.
    need anyone lawyer endorsement? or can the owners and tenants signed on it with a witness?
    one concern is that as the stamp duty is paid till sept 2012 for unit "A", do he have to reapply again for the stamp duty for the other unit "B"? cos if there is a need to apply for a new stamp duty, it will be paid by my friend/ so he ask me if this is necessary.
    his agent say can just write a black and white as stated above to show that the tenancy bring over from unit "A" to unit "B" and when the first lease at current unit "A" expires, then the tenant will pay for the new stamp duties at unit "B".
    profile of the tenant are very good, i.e they have stayed for 3 years without any issues or late payment and etc.
    can anyone pls advice how shold he go about it?
    and can anyone advice a format or sample letter to prepare for this type of agreement?
    thanks

    ps: for curious ppl wanting to know why, he is requesting for the move due to the tenanted unit is on a higher floor and with view and he is keen for home stay. thus the move.

  2. #2
    Join Date
    Nov 2008
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    Don't think you need lawyers for such matters. The agent is enough to act as witness. What I understand is the latest dated TA will always serve to overwrite the earlier ones if both parties involved are the same, i.e. a new TA can be penned now which stretches to Sept 2014. Ask your agent to handle the case lah. So long as the tenants are in agreement, then the issue is easy to settle!

  3. #3
    Join Date
    Mar 2009
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    Default

    Quote Originally Posted by ysyap
    Don't think you need lawyers for such matters. The agent is enough to act as witness. What I understand is the latest dated TA will always serve to overwrite the earlier ones if both parties involved are the same, i.e. a new TA can be penned now which stretches to Sept 2014. Ask your agent to handle the case lah. So long as the tenants are in agreement, then the issue is easy to settle!
    hi,
    the problem is no agent is involved...
    I have asked a few agents for advices. some give different views.
    Am thinking of asking him to pen down the a amendment agreement which override the past agreement with the term and conditions as they agreed.
    but am wondering about the stamp duties. is it still payable?
    eg, the tenant shift from #20-09 to #10-09 and the stamp duties have been paid for #20-09. need to pay again?
    pls advice.
    thanks

  4. #4
    Join Date
    Nov 2008
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    From my past limited experience, so long as both parties, landlord and tenants are agreeable, no need to be so particular about the small details. With regards to stamp duty, clarifying your doubts is just a simple phone call away. Call up the authorities or MND or your ex-lawyer to enquire...

  5. #5
    Join Date
    Mar 2009
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    hi,
    guess i better check with my previous laywer.
    thanks.

  6. #6
    Join Date
    Oct 2008
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    648

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    Quote Originally Posted by deljunks
    hi,
    guess i better check with my previous laywer.
    thanks.
    i think you can re-do a new tenancy agreement for the new unit with mentioning of the background. Get it stamp.

  7. #7
    Join Date
    Oct 2008
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    1,493

    Default

    know what is a deed of novation?

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