The forms of leases include:

• Fixed-term lease
• Periodic lease
• Tenancy at will
• Tenancy at sufferance
• Reversionary leases
• Tenancy by estoppel

The fixed-term lease, which is the most common form of lease, is where the maximum duration of the tenancy is fixed from the commencement of the lease and ends automatically upon expiration of the term, unless renewed in accordance with the lease agreement.

In addition to leases, licenses are commonly granted to allow for certain rights of occupation (e.g., licenses for signage).

Generally, lease provisions are not regulated and the parties may freely set out the terms that should govern the lease. However, in the absence of any express terms, both parties may be subject to certain “implied terms” and “usual covenants.”

The Land Titles Act also provides for certain implied terms in favor of the landlord in every registered lease, unless the contrary has been agreed upon by both parties.

For retail leases, in March 2021 a Code of Conduct for the Leasing of Retail Premises in Singapore (Code) was introduced by the Singapore Business Federation. The objectives of the Code are to provide: 

• Guidelines to retail landlords and tenants to enable fair and balanced lease negotiations
• A governance framework to ensure compliance with this Code
• An accessible dispute resolution framework for both retail landlords and tenants.

Compliance with the Code is currently not mandatory, though a recommendation has been made to the government by the Fair Tenancy Pro Tem Committee to make compliance with the Code mandatory for leases of qualifying retail premises (as defined in the Code).

There is no maximum term for leases, so presumably there could be a lease for life for a rent amount.

The duration of each lease varies depending on factors such as the purpose of the lease and the type of property.

Generally, tenants may not demand an extension of the lease unless there is an “option to renew” clause within the lease agreement for a further term and the tenant has properly exercised that option or the parties have agreed to an extension.

A landlord can generally terminate the lease under the following circumstances:

• The agreed-upon term of the lease has expired
• Appropriate notice has been given by him/her (for periodic leases)
• There is frustration of the lease agreement
• The tenant commits a repudiatory breach of the lease agreement
• He/she has the contractual right to termination

The contract will provide for the payment of rent in a stipulated currency, but rent can be paid in any currency as long as both parties mutually agree upon the mode of payment.

Rent is usually paid on a monthly basis in advance.

Rent is usually fixed for the initial term and reviews may also be fixed periodically or adjusted to reflect the market value at the time of renewal or extension. The arrangement depends on the terms found in the lease agreement, as are the limits, if any, to the increase in rent (usually by way of a rent review clause).

The following is usually required of landlords:

• Provide the tenant with the “quiet enjoyment” of the premises
• Keep common property in reasonable state of repair
• Insure the building

The following is usually required of tenants:

• Pay the rent and other monies due under the lease on time
• Keep the premises in a “tenantable condition”
• Inform the landlord if repairs are needed and give the landlord access to view the state of repairs and carry out the repairs
• Reinstate the premises
• Comply with all relevant rules and regulations

A lease may be assigned or transferred provided that the lease agreement contains no express term not to. Typically, leases will contain a provision prohibiting or restricting an assignment/subletting.

Generally, the lease agreement should contain a provision allowing the tenant an abatement of rent for the duration that the tenant is unable to occupy the premises. However, where the damage is so extensive that it (i) takes too long to repair; or (ii) cannot be repaired, the landlord usually reserves a right to terminate the lease.

In certain exceptional instances, physical catastrophes and other supervening events not contemplated by both parties could serve to frustrate the lease agreement so that rent is no longer payable.

The tenant is usually responsible for insuring the leased premises, in the joint names of the landlord and the tenant (or naming the landlord as an additional insured).

Leases for a term exceeding seven years are registrable interests, which may be registered in the prescribed form under the Land Titles Act. Once registered, the new buyer would have notice of the interest and will be bound to take the property with the lease, if he/she so chooses.

If the lease is a registered lease, the terms will be binding on the new owner. For unregistered leases, leases will have to be assigned or novated to the new owner.

In relation to unregistered leases, the official assignee may disclaim any land burdened with onerous covenants that is part of a bankrupt’s estate and a liquidator may do the same for any land that is part of the property of a company being wound up.