Pre-contract Phase
If landlord or tenant fails to have regard to or adhere with the principles in Part A, Part B and/or Part C of the Code of Conduct during lease negotiations, parties may inform FTIC of the matter. If there are reports made by either landlord or tenant against the other party on a frequent or regular basis, FTIC may require the reporting party to provide further information in writing to support such reports and provide the other party with the opportunity to provide justifications or make representations in response, to facilitate FTIC’s functions under the Act.
Post-contract phase (Within 14 days of signing of the lease agreement)
All lease agreements issued must be accompanied by a Checklist (Appendix 1 of Part D of this Code of Conduct).
All clauses which deviate from this Code of Conduct have to be flagged by landlord for tenant’s attention.
Tenant must conduct its own due diligence to review the lease agreement. Once signed, the lease agreement is binding on both parties.
Does this Code of Conduct require the clause to be included in the lease agreement?
- Not under purview of this Code of Conduct
- Prevailing recourse and dispute resolution in accordance with existing laws
Does the clause deviate from this Code of Conduct?
- Both parties verify that there are no clauses in the lease agreement that deviates from this Code of Conduct.
- Parties sign the lease if both parties are agreeable to the terms of the lease agreement
Does the Code of Conduct allow the deviation if mutually agreed?
Landlord to submit declaration of permitted deviation to FTIC within 14 days after signing of the lease agreement.
- Non-compliance with this Code of Conduct
- Landlord and tenant may resolve the disagreement in accordance with the dispute resolution procedure set out in the Act and parties must comply with the dispute resolution procedure set out in the Act, where applicable
In the event of any disputes after the lease agreement is signed, either party may escalate the matter to the Singapore Mediation Centre (SMC). Once escalated, both parties must approach SMC to resolve the dispute or disagreement. This includes matters such as failure to file joint declaration of deviations within 14 days of signing of lease agreement, non-filing of joint declaration of deviations, non-compliance to the Code of Conduct or any other tenancy disputes.
For information on the mediation process and fees with SMC, please click here.
For rules and Fee information under the Lease Agreements for Retail Premises Act ADR Scheme, please click here.
About Singapore Mediation Centre
SMC has mediated more than 4,800 matters worth over $10 billion since its launch on 16 August 1997. About 70% of our cases are settled with 90% of them resolved within one day, attesting to the effectiveness of mediation. SMC is one of four designated mediation service providers under Singapore’s Mediation Act 2017. This means that mediation settlements administered by SMC can be converted into a court order that is immediately enforceable.
As Singapore’s flagship mediation centre, SMC sets the standard for excellence in dispute resolution services in Singapore. It has partnered with industry leaders to launch mediation schemes to address disputes in various sectors such as healthcare, private education and real estate. SMC, launched by then Chief Justice Yong Pung How, is supported by the Singapore Judiciary, the Singapore Academy of Law, the Ministry of Law and professional and trade associations.
The FTIC has partnered with SMC to ensure that there will be timely resolution of dispute over matters covered under the Code at a reasonable cost. After the matter has been escalated, the average waiting time is up to two weeks for SMC to facilitate the discussion between the landlord and tenant.