What is in the code of conduct?

Key areas covered in the code of conduct for fair tenancy include:

Landlords and tenants must adopt a consensual approach to negotiate in good faith, which includes acting honestly and fairly, having regard to the legitimate interests of the other party, and observing accepted or reasonable commercial standards of fair dealing in the performance of identified obligations. They must not attempt to unfairly profit or take unfair advantage of each other.

The code sets out the leasing principles for landlords and tenants under 11 key tenancy terms. These include exclusivity, pre-termination by landlords due to landlord's redevelopment works, sales performance and pre-termination by tenants.

Landlords must share sales data metrics by trade category - such as total monthly sales and total floor area - on a one-on-one basis with the tenant before the signing of the lease agreement. They must share the data with existing tenants on a biannual basis if they collect sales data from tenants as part of the gross turnover rent structure.

Parties can report non-compliant cases to the Fair Tenancy Industry Committee (FTIC). All lease agreements must be accompanied by a checklist of clauses within the code of conduct, and all clauses which deviate from the code must be flagged by the landlord for the tenant's attention.

For clauses where the code of conduct allows for deviation, a joint declaration of deviation shall be filed with FTIC within 14 days of signing the lease agreement.

Should there be a dispute, either party may escalate the matter to the Singapore Mediation Centre.