A Tenancy Agreement (TA) is the rental contract that sets out the rights and responsibilities of the landlord and tenant. It puts key terms “in black and white” so everyone knows what’s expected — from rent and repairs to privacy and move-out. While a TA isn’t strictly required by law, it’s the safest way to avoid “he-said, she-said” disputes later.
Quick refresher: lease basics
- Minimum lease length: Typically 6 months for HDB rooms/flats and 3 months for private residences (condos and landed houses). Shorter stays risk breaching housing rules.
- Stamp duty: Most residential leases attract 0.4% duty on the total rent (if the lease is less than 4 years). For more than 4 years/indefinite, 0.4% of 4 × Average Annual Rent (AAR). Duty is rounded down, minimum $1. Usually paid by the tenant.
- Templates: Sample TAs (private/HDB) are available from the Council for Estate Agencies (CEA) and are a good starting point. Check out sample TAs here.
What a typical TA covers
Expect sections on: parties and address, lease period, rent and utilities, deposits, inventory, use of premises, maintenance/repairs, entry/privacy, assignment/subletting, termination/renewal, notices and dispute handling.
The clauses that matter most (and what to look for)
| Clause | What it means | What to look for / insist on |
|---|---|---|
| Rent & due date | Amount, payment schedule, late charges. | Exact due date, grace period, method of payment. Avoid vague “payable monthly” without a date. |
| Security deposit | Held by landlord to cover damage or breaches. | 1 month per 1-year lease is common. Add a clear return-by date after handover (e.g., 14–30 days) and “no offsetting rent during lease” unless agreed. |
| Maintenance & minor repairs | Who pays for what. | A minor-repairs cap (often $150–$300 per incident) and landlord to cover above-cap or structural/major items. Spell out air-con servicing frequency and who pays. Include a defects-reporting window (e.g., first 30 days). |
| Inventory list | Fixtures, furniture, appliances and their condition. | A detailed, photo-backed list signed at move-in. Note brands/models for big-ticket items. |
| Privacy & access | When landlord can enter. | Advance notice (e.g., ≥24 hours) except emergencies; access limited to legitimate reasons. Written notice preferred. |
| Diplomatic / early termination | Break clause for specific events. | Useful if your job may end or requires relocation. Check earliest trigger (e.g., after month 12 of a 24-month lease) and notice period (often 2 months). Proof may be required. |
| Use of premises & occupants | What you can do and who can stay. | Align with minimum lease rules (HDB vs private). Clarify guest stays, maximum occupants, and no subletting unless expressly allowed. |
| Renewal option | Right of first renewal and timing. | A simple “Tenant may renew X months before expiry at mutually agreed rent.” |
| Termination & remedies | When either side can end the lease. | Clear grounds (e.g., non-payment, illegal use) and a fair cure period for breaches. Reference to quiet enjoyment (your right to live without undue interference). |
| Notices | How both parties send official notices. | Accepted channels (email + postal), and when notice is deemed received. |
Non-negotiables Hozuko recommends
- Clarity on money: Rent amount & due date, late fees, how utilities are handled, and a firm deposit return deadline.
- Repairs that won’t surprise you: A written minor-repairs cap (per incident), landlord responsible for structural/major faults, and a 30-day defects-reporting period at move-in.
- Your privacy protected: Minimum 24-hour notice to enter (except emergencies), with access limited to legitimate reasons.
- Early-exit plan if relevant: A diplomatic clause with realistic trigger and notice period if your employment may change.
- Compliance with rules: Lease length that respects HDB (≥6 months) and private (≥3 months) minimums; avoid anything that risks illegal short-lets.
Smart pre-signing routine (10-minute checklist)
- Walkthrough + photos: Photograph every room, appliance, and any flaws.
- Match the inventory: Tick off each listed item; correct the list before signing.
- Lock in servicing cycles: Air-con servicing schedule and who pays.
- Stamp duty plan: Confirm who pays (usually the tenant), when, and how much (use IRAS table).
- Contact & notices: Put both parties’ emails and phone numbers in the TA for formal notices.
Stamp duty, simplified (residential)
- If AAR ≤ $1,000: Exempt.
- If AAR > $1,000 and lease ≤ 4 years: 0.4% of total rent for the lease term.
- Lease > 4 years / indefinite: 0.4% of 4 × AAR.
(IRAS rounds down to the nearest dollar; minimum $1.)
Tip: If you adjust rent or extend the term later, additional stamp duty can apply to the variation — check IRAS examples.
Red flags (pause before you sign)
- “Landlord may enter anytime.” Add a notice period and legitimate reasons only.
- Unlimited “minor repairs.” Without a cap, small fixes can stack up. Set a $$ per-incident limit.
- No timeline to return your deposit. Add a specific date range (e.g., 14–30 days after keys return).
- Ambiguous occupants/guests. Keep within HDB/private rules and be clear on who’s staying.
Final word
A fair TA protects your wallet and your peace of mind. Use a reputable template, annotate it for clarity, and negotiate the few clauses that really shape day-to-day living: repairs, privacy, deposit, and early-exit. When in doubt, ask the landlord (or an agent/lawyer) to explain in plain language before you sign.
This guide is general information, not legal advice.