The agreement between the friend and his tenant is not valid as against the landlord if it was made without his consent.

In any case, the sub-tenant was probably on a month to month tenancy and should leave latest in a month. If he does not, the friend has to take action in court.

Leong Cheok Keng
Advocate & Solicitor

Dear J L,

Here is my answer for the questions:

Sub-tenancy is always based on the main-tenancy. If the main-tenancy does not exist anymore, the sub-tenant also has to leave unless the owner agrees for the sub-tenant to continue renting the premises.

To answer the questions one by one:

1) There is no law to fix a period for such notice for every case. You have to see whether the main tenancy agreement and the sub-tenancy agreement provide for 3-month notice. If no, how long is the period for the notice under the agreements. If there is no provision for the matter under the agreements, the normal practice is one month to be given for tenant to vacate the premises. However, you can discuss with the owner to reach a settlement as to when you can move out.

2) Sub-tenancy is based on main tenancy. As the main tenancy between the owner and the main tenant has been terminated, the sub-tenancy also cannot exist unless the owner agrees for you to continue renting the premises

3) You have to find out the period for the notice for vacant possession to be given under the main tenancy agreement and the sub-tenancy agreement. If the owner consented earlier for the main tenant to sub-let the premises, he will have to follow the period for the said notice provided under the agreement. If the notice does not give enough time for you to move out, you can challenge the notice if owner goes to court to apply for order to vacate the premises. However, you can discuss with the owner to reach a settlement as to when you can move out.

Hope the above will help you.

Goh Chuan Chean
Advocate & Solicitor

Subject to the terms and conditions of the SPA, specifically in relation to the Vacant Possession (VP) and based on the facts provided, our observations are as follows:



1) based on the Lawyer's representation in relation to the early VP one can assumed that the VP has been delivered on 19-03-2008 on the basis that the maintenance charges to be paid by the buyer;

2) the representations by the Lawyer subsequently on 31-03-2008 is an effective re-delivery of VP back to you if the key is has already been returned to you; and

3) therefore, you can claim for the maintenance charges for that short period from 19-03-2008 to 31-03-2008.



However, this is on the basis that VP is only due for delivery upon completion of the SPA

Chris Tan
Advocate & Solicitor

In reply to the query by Chloe Chin, we advise that she may not be able to "take over" the existing loan but she can purchase the Property and obtain a fresh loan from any financier and redeem the existing loan on the Property. The existing borrower should speak to the current banker to inform them of the proposed plan. Once redeemed, the existing borrower and guarantor will be discharged from their obligations on the current loan. She will need to bear the stamp duties on the Property transfer (which can be either by sale and purchase or transfer through love and affection) and the loan in this case.

If they allow the Property to be auctioned, she may attend the auction to try and bid for the Property. She should inform the auctioneer/banker of her intention to bid. However, there is no guarantee that she will get the Property as there may be other bidders who are successful. Furthermore, the current bank will still take legal action against the borrower for the balance amount outstanding due to them after the auction.

Soraya Jabid
Advocate & Solicitor