The Pink Guide to Buying and Renting Property in Singapore

(Source: www.99.co)

You can be a local looking to settle down with a same-sex partner, or an expat who is looking for an gay-friendly place to rent in Singapore. Either way, when it comes to living happily ever after in Singapore for LGBTQs, you may run into some obstacles as there are no laws here that specifically safeguards their rights. Same-sex marriages are also not recognised in Singapore. Specifically, when it comes to housing and the legal aspects of it, same-sex couples do not enjoy the same rights as heterosexual couples. However, we are here to help singles and couples of all orientations find their home in Singapore, be it buying or renting property.

Here’s what we’ll cover in this article that could help:

  • Renting property in Singapore for LGBTQ
  • Rental tips for LGBTQ in Singapore
  • Buying a home in Singapore for LGBTQ
  • Buying a HDB flat in one name
  • Buying a HDB flat in joint names
  • Buying a condo unit
  • Buying an Executive Condo unit
  • The difference between a joint tenancy and tenancy-in-common for LGBTQ buyers

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Renting property in Singapore for LGBTQ

In Singapore, there are no anti-discrimination laws protecting tenants from discrimination on any grounds, including sexuality. Moreover, the standard Tenancy Agreement (TA) used by many landlords and agents contains a clause stating that the tenant cannot use the rented premises for any illegal purpose of activities of an improper nature. Because LGBTQ couples are cannot be legally married Singapore, a troublesome landlord may rely on this clause may rely on this clause to attempt to evict same-sex couple tenants. Therefore, LGBT couples should negotiate to remove this clause as a precautionary measure.

That said, it’s easier for LGBTQ individual to rent entire units in Singapore (e.g. studio apartment or a three-room HDB flat) than a single room with common tenants or a stay-in-landlord. This is because many landlords in Singapore still hold a conservative attitude towards LGBTQ singles and couples. It’s a mindset that, hopefully, will change sooner rather than later.

Rental tips for LGBTQ in Singapore:

  • Be transparent: This doesn’t have to mean explicitly disclosing your orientation or gender identity, but do that if you feel comfortable, or in subtle ways such as wearing a pride shirt or a PinkDot shirt. Before viewing, you may ask the landlord’s agent if it’s a friendly place for LGBTQs or if people from varying backgrounds and lifestyles are welcomed. Being transparent is a good way to weed out potential landlords or roommates that might be harbouring prejudices.
  • Walk away from housing that gives you a bad feeling: Of course this tip should be within reason, not all of us have the luxury to be picky with the home we choose; gut feelings, however, shouldn’t be ignored. If a potential property agent, landlord, housemate, etc. isn’t sitting well with you, then chances are that the place is not the right choice. Walk away and hope for better opportunities.
  • Participate in neighbourhood activities: Singapore’s different towns have their own demographics and quirks, and moving into a new neighbourhood can feel unsettling for LGBTQs. So, it’s good to join in neighbourly activities (i.e. check out your block or condo notice board) to help you ease into your new community.

Buying a home in Singapore for LGBTQ

This is where many Singaporean* LGBTQ singles or same-sex couples — many of whom only have the budget for HDB flats — run into problems. Firstly, non-heterosexual couples cannot buy a HDB flat unless they’ve reached the age of 35. At the age of 35, Singaporean Citizens may purchase a flat as a sole single person under the Single Singapore Citizen Scheme (SSCS) or two singles jointly under the Joint Singles Scheme (JSS). Under the schemes, they are eligible to buy the following HDB flats:

  • A new two-room BTO flat in a non-mature estate (subject to an income ceiling), or
  • A HDB resale flat of any size anywhere in Singapore (no income ceiling)

*Foreigners are not allowed to buy HDB flats in Singapore, only strata-titled condominiums. Singapore Permanent Residents (SPRs) can buy HDB resale flats, on certain conditions.

[Recommended article: Quick Guide to HDB BTO and Resale Grants for Singles]

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Buying a HDB flat in one name

You could be a LGBTQ single aged 35 or above who is buying a HDB flat in your own name, or a LGBTQ couple where only one party is aged 35 or above if choosing to buy a HDB flat. If you are a couple intending to buy a HDB flat in one name (i.e. under the SSCS) but with the intention that person who is the registered owner of the flat holds a share of the flat on trust for the other person, it is vital to note that this private arrangement is not recognised in court:

  • Trust over a HDB flat is prohibited and is null and void without the written consent of HDB (see section 51(8) and (9) of the HDB Act)
  • It does not matter that you may have gotten a trust document drawn up by a lawyer – it is not recognised in court unless HDB had given its written consent
  • Any cash contribution you make towards the downpayment or monthly installments for the HDB flat which is not in your name will not be recognised by law such as to give you a beneficial interest in the flat. If the two of you break up one day after you have made substantial cash contributions towards the flat which is not registered in your name, you cannot claim for a share of the HDB flat. You will have to try to claim the money back from the other party as a debt and they may argue that you had paid the money as a gift to them.
  • As it is registered in the name of one person, the flat will not automatically be transferred to you upon the other person’s death If the intention is for you to be given the HDB flat should the registered owner die, you must ensure that he or she makes a Will leaving the flat to you. However, you should note that a Will can be changed any time by the maker without your knowledge, unlike having your name on the title deeds.

If you have no choice but to buy the HDB flat in a single name under SSCS, then consider getting a loan agreement drawn up — via the lending bank or finance institution — which provides for the cash to be contributed by you to the flat to be recognised and repaid as a loan to the registered owner. This way, if things don’t work out, at least you are in a better position to get your money back.

Buying a HDB flat in joint names

If both of you are Singapore Citizens above 35 and do not own a private property, the best option is for both of you to apply for a HDB flat together as joint owners (under the JSS).

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Buying a condo unit

Many LGBTQ couples may think that they can only afford a HDB flat, but the truth is there are a handful of affordable studio or 1-bedder condominium units in Singapore — specifically under $600k. Of course, this still represents a greater outlay (compared to a HDB flat) for both parties involved, but there’s no minimum age, location, or unit type restrictions for condos. That said, there are still a number of things LGBTQ couples must note when making the big financial commitment to buy a condo.

With both parties as co-owners, LGBT couples may use their CPF monies to fund the mortgage. Unlike for HDB flats, a informal trust can arise if one partner makes contributions to the mortgage without obtaining legal title to the property. However, to avoid uncertainly and potential disagreements, it is still recommended for the couple to draft a trust document, witnessed by a lawyer, in the event that the couple in question intends for the party with no legal title to have some interest to the property.

LGBTQ couples should also make CPF nominations and draft wills to ensure that their estate will be distributed in a manner consistent with their intentions.

Buying an Executive Condo (EC) unit

Executive condos, or ECs, are more affordable, subsidised variants of condos launched and sold by the HDB. As such, they come with a set of strict rules for buyers. The key difference between ECs and HDB flats is that singles cannot buy ECs even if they reach the age of 35. Only two or more singles aged 35 or above can buy the flat jointly, under the JSS.

While an EC has the facilities and the looks of a condo, it only considered private property after the 11th year. These are the limitations of selling the property during this period:

  • First 5 years: Like HDB flats, ECs cannot be sold to anyone until five years from the date of purchase of the unit:
  • 6th to 10th year: the unit can only be sold to a Singapore Citizen or PR who qualifies to buy an EC
  • From the 11th year onwards: Selling restriction no longer applies; the unit can be sold to anyone, including a foreigner

Bear in mind that, while a trust document drafted between two parties with an interest in the property may not be valid in the first 10 years, the document will nevertheless come into effect from the 11th year onwards, since the EC has been privatised.

Small-claim-tribunal

Before you buy, know the difference between a joint tenancy and tenancy-in-common for LGBTQ buyers

A joint tenancy (JT) means that the entire property is owned by both of you jointly; there is no demarcation of percentage. Both of you own 100 per cent of the property.

For a tenancy-in-common (TIC), you specify the percentage of the ownership of each owner, for example, 50%-50% or 60%-40% according to your contribution or agreed percentage of ownership.

In a joint tenancy, when one owner dies, the property automatically passes to the remaining owner. For a tenancy-in-common, there is no automatic right of transfer of the deceased’s share of the property to the surviving owner.

For a tenancy-in-common, the other person must transfer their share of the property to you before their death or leave it to you in their Will. If neither of this is done, then under intestacy laws, the deceased owner’s share of the property will pass to immediate relatives. The surviving owner may then find that the deceased person’s relatives now own say, 50% of the property together with him or her.

The relatives may demand that the surviving owner pay rent or even sell the property and split the sale proceeds. So, to avoid this situation, weigh the benefits of taking up a joint tenancy versus a tenancy-in-common. If unsure, consult legal expertise.

99.co wishes all LGBTQ singles and couples a fruitful and rewarding experience buying and renting property in Singapore!

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Article written in support of PinkDot 10. Let your voices be heard and support the freedom to love in the comments section or on our Facebook community page.

 

If you found this article helpful, 99.co recommends 9 milestones to hit before you buy your first condo [July 2018 update] and 5 tips for tenants that do more harm than good

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