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A handover of premises typically happens at the end of the lease period or by mutual agreement with the landlord. Most tenancy agreements include a cursory clause with regard to the handover of premises at the end of the lease but do not explicitly state the conditions in which the landlord expects the premises to be in. Resultingly, this has been a source of litigation over the years. This article will lay out how tenants should protect themselves so as to safeguard themselves and their security deposits when handing over the premises.
The key to a smooth handover is good preparation! Tenants should look over their original inventory or schedule of conditions and aim to restore the premises to said state. Tenants are generally not under any obligation to ‘improve’ the property; most handover clauses also provide that the property can be expected to suffer from reasonable wear and tear, which tenants will not need to rectify.
Most disputes arise due to the state in which the premises is in. It is therefore advisable that tenants do a deep clean of the home before handing over the property so that they are not hit by a professional cleaning bill of onerous amounts by their landlords later down the road. Any fixtures provided by the landlord should also be returned in good working condition, given that they were handed over to the tenant in a similar state. Tenants should also make minor repairs where possible as they may be later on be billed for a pricey repair job by a fussy landlord. Many tenants and landlords also differ on what constitutes “reasonable wear and tear”, and making fixes wherever possible can go a long way in helping to avoid a situation where your landlord accuses you of not properly taking care of the rental property. Tenants should also make sure to leave the property completely empty of whatever personal belongings that may belong to them. Even if you might think it can come in handy to the next tenant, errant landlords looking to make a quick buck can charge exorbitant disposal fees to a well-meaning tenant. It is therefore important to make sure that any personal belongings have been removed from the premises.
It is also advisable for tenants to arrange for a joint inspection with their landlord approximately two weeks before the contractual move-out date. Tenants should ask their landlord to point out any damages they see so that they have a chance to rectify them before the move-out date. This will allow tenants to minimise the chances of any security deposit deductions due to pricey repair costs arranged for by their landlords.
At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
On moving-out day, a good precaution for tenants to take is documenting the state of the premises. Take photographs and videos of the property so that should any damage happen after you move out, your landlord cannot accuse you of inflicting said damage. Tenants should also schedule a walkthrough with their landlords. Inspect the premises with your landlord, referencing the original inventory and schedule of conditions. After which, tenants should always ask for a written and signed confirmation from their landlord to confirm that everything is in order and that the premises were handed over in good condition. After doing the walkthrough, tenants and landlords should agree on deductions, if any, to be made from the security deposit.
If there are any discrepancies between you and your landlord during the handover that results in unwarranted deductions from the security deposits, you can ask your landlord to prove his grounds for doing so. Ask the landlord to substantiate his decision. If he refuses to do so, consider sending a letter of demand.
If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.