Property

Purchasing or Selling a House or Flat

Things To Consider When Purchasing A House Or Flat

When purchasing a house (“House”) or a flat (“Flat”), you should consider the following and address any problems that may arise:

  1. Title
  2. Single or joint ownership
  3. ‘Landed’ or ‘non-landed’ property
  4. Area of the property
  5. Financing of purchase of property
  6. Marital status

1. Title

You should consider the title to the House or Flat and seek advice from your lawyer about it. Title is important because good title over your property means no third party can make any better claim than what you have.

House – landed property

The title to the House may be:

Flat - HDBs, ECs, private condominiums

The title to the Flat may be:

2. Single or joint ownership

Before deciding whether to buy a House or Flat, you should check if you are buying it on your own or jointly with another/others. Buying the House or Flat with another will affect things such as ownership of the House / Flat and the financing for the purchase of it.

If you are buying the House or Flat jointly with another person, you hold the property as (i) joint tenants, or (ii) tenants-in-common. The difference affects who will inherit the House or Flat when one party dies.

Joint-tenancy

Equal interest regardless of contribution: A joint-tenancy is a form of ownership where all co-owners have an equal interest in a flat, regardless of the individual owner’s contribution to buy the flat.

Right of survivorship: In a joint-tenancy, there is a right of survivorship. This means if one joint tenant dies, his interest in the flat automatically passes to the remaining co-owner(s). This is regardless of whether the deceased joint tenant has left behind a Will. 1 The right of survivorship will override any terms in the will.

Example: Mr. X, his wife and their son own a HDB flat as joint tenants. Mr. X dies. The flat automatically passes to Mrs. X and their son, who will have to continue to service the monthly loan instalment unless the outstanding loan is paid up by the mortgage insurance arising from Mr. X’s death.

Advantages: A joint tenancy has certain advantages as a means of owning land. For example, for probate purposes, no further vesting of title in the other co-owner is required. For sale or mortgage purposes, only one title needs to be investigated. For succession purposes, it is unnecessary for one co-owner to make any testamentary gift of his or her share to the other. 2

Tenancy-in-common

A tenancy-in-common is a form of ownership where each co-owner holds a separate and definite share in a flat. 3 Unless stated otherwise, they are presumed to own an equal share in the property. However, all the co-owners are entitled to live in the whole flat regardless of their share in the property.

No right of survivorship: There is no right of survivorship in tenancy-in-common. The deceased’s interest in the flat does not pass on automatically to the remaining co-owner(s). When a tenant-in-common dies, his interest in the flat will be distributed according to his Will. If he does not have a will, it will be distributed by law according to the provisions of the Intestate Succession Act. 4

A joint-tenant can sever the joint tenancy by an instrument of declaration (usually a deed and form approved by the Registrar), and serving it personally or by registered post to the other joint tenants. The fees chargeable include stamp duty, conveyancing fees, etc. The actual amount varies from case to case depending on the values of shares transferred and the flat type etc. The declarant will hold the respective estates and interests in the land as tenant-in-common with the remaining joint-tenants, and the Registrar of Titles will equally apportion the shares in the registered land between the declarant and the remaining joint-tenants. If a joint-owner cannot be located, a presumption of death certificate can be filed with the court after the person has disappeared for more than 7 years.

If the property owned is a HDB flat, existing flat owners may approach the HDB Branch Office managing their HDB flat. You should check HDB’s e-services for the appropriate branch.

You can be listed as a joint tenant if all of the following are present:

  1. Unity of possession: Each tenant is entitled to full possession of the entire property as any other joint tenant, and this means no single joint tenant can point to a physical part of the land / house / flat and claim it as his or her own

  2. Unity of interest: This means all tenants are entitled to one and the same interest, and in general an interest cannot be shifted to anyone else without all the joint tenants agreeing

  3. Unity of title: The interests of all joint tenants must be obtained from the same document or transfer

  4. Unity of time: Joint tenants must obtain their interests at the same time

The first two unities describe the rights of joint-tenants. The last two unities describe what must be done for you to be listed as a joint-tenant, ie. the names of two or more persons must be inscribed on the title deed at the same time.

What happens if a sole owner or tenant-in-common passes away?

The remaining family or single occupier is allowed to retain the existing flat after the owner has died if the remaining occupant is a Singapore Citizen or Permanent Resident, is at least 21 years old and satisfies the Housing & Developing Board’s prevailing eligibility rules and conditions to own a flat. 5

If the sole owner or tenant-in-common passes away leaving behind a will, the deceased’s interest in the flat will be distributed according to the will. The deceased’s family should engage a private solicitor to apply to the courts for a Grant of Probate. The Grant of Probate is a court order that gives the legal authority to the Executor to administer the deceased’s estate. The person named in a will to administer the deceased’s estate is known as an “Executor”. 6

If the sole owner or tenant-in-common passes away without leaving behind a will, the deceased’s interest in the flat will be distributed according to the provisions of the Intestate Succession Act. The deceased’s family should engage a private solicitor to apply to the courts for a Grant of Letters of Administration. The Grant of Letters of Administration is a court order that gives the legal authority to the Administrator to administer the deceased’s estate. The person administering the deceased’s estate is known as an “Administrator”. 7

Once the Grant of Letters of Administration or the Grant of Probate has been obtained, the Administrator(s) / Executor(s) can engage their own solicitors or appoint HDB solicitors to act for them to register their legal right as the Administrator(s) / Executor(s).

If they wish to engage the services of HDB, they can approach the HDB Branch Office managing the deceased’s flat to make the necessary application, bringing along the following documents:

The Administrator(s) / Executor(s) will have to sign the relevant documents and pay the relevant fees, such as stamp fees, conveyancing fees etc. Thereafter, the Administrator(s) / Executor(s) must apply at the HDB Branch Office managing the deceased’s flat to transfer the flat to the beneficiaries as owners, subject to HDB’s eligibility criteria and conditions governing transfer of flat ownership”. 9

3. “Landed” or non-“landed” property

The Singaporean Government imposes strict rules on who can and cannot purchase certain types of property in Singapore.

Landed Property

Under the Residential Property Act 10, only Singapore citizens and approved buyers can buy landed ‘residential property’. Restrictions are imposed on foreign ownership of private residential property. A foreign person means any person who is not any of the following:

Foreigners are eligible to purchase units in condominiums or apartments within a building.

Housing & Development Board (HDB) Development

If you are buying a HDB flat, you should check with HDB directly in respect of the sale. The HDB has specific eligibility conditions and has devised its own form of Sale and Purchase Agreement for the sale and purchase of HDB flats.

Joint ownership of HDB flat: A HDB flat may be owned by two or more persons as joint tenants or tenants-in-common. If parties wish to convert the holding type of the flat, or change the proportion of shares held in the flat, parties can either:

  1. Appoint their own lawyers to act for them, or
  2. Contact and engage HDB to handle the transaction.

4. Area of house or flat

You are advised to check with your lawyer the land area of the House / floor area of the Flat. The land area of the House is different from the built-up area of the House.

You may also want to consult a qualified surveyor if you suspect any discrepancy in the boundary line or encroachment, or if you require the actual area of the House or Flat.

5. Financing

Total cost of buying the House or Flat

Before you decide to buy a House or Flat you must check that you have sufficient funds available to complete the purchase. You should check and factor in the total cost of buying the House or Flat such as:

  1. Cost of buying a House or Flat
    • Purchase price of the House or Flat.
    • Buyer’s stamp duty on the Sale and Purchase Agreement or Option to Purchase.
    • Additional buyer’s stamp duty (to be paid by certain groups of people who buy or acquire residential properties including residential land).
    • Lawyer’s fees and disbursements.
    • Valuation fees.
    • Survey fees.
    • Property agent’s commission.
    • Other miscellaneous costs.
  2. Cost of financing a House or Flat
    • CPF charges.
    • CPF Board’s lawyer’s fees and disbursements.
    • Fees charged by lender bank/finance company.
    • Lender’s lawyer’s fees and disbursements.
    • Stamp duty on loan/financing documents.
    • Other miscellaneous costs.
  3. Stamp duty (as well as additional stamp duty) on the purchase will have to be paid once the document is signed:
    • Within 14 days after the date of the document if the document is signed in Singapore; or
    • Within 30 days after the date of its receipt in Singapore if the document is signed overseas. 12

Stamp duty is the tax imposed on certain legal documents, including documents relating to immovable property such as a House / Flat.

If stamp duty is not paid within 14 or 30 days (whichever is applicable), there will be penalties payable in addition to the stamp duty amounof up to 4 times the due amount. 13

It is advisable to seek the assistance of a lawyer in order to estimate the total cost of buying a House or Flat.

You should also take into consideration other payments and charges that may apply after buying a House or Flat, such as:

Financing the purchase of a House / Flat

You should consider what types of financing are available to you, such as:

You should contact the CPF Board and the Lender bank/finance company as early as possible, preferably before you pay the upfront deposit. This will allow you to sign all relevant application forms and furnish all relevant information and documents in advance to ensure that the CPF funds and/or loan will be approved and that the funds will be available.

Loan from Lender

You should contact the Lender as early as possible, preferably before you pay the upfront deposit, to find out:

  1. The loan amount you are eligible for.
  2. The amount of monthly instalments required for repayment of the loan.

To find out more about loans, how interest is computed, how to compare the different home loan packages, and other important information, you can refer to the ABS-MoneySENSE guide About Home Loans - Key Questions to Ask the Bank Before Taking a Home Loan. 14

CPF savings

If you are using CPF savings, you should work out your CPF withdrawal limit before you pay the upfront deposit for the House or Flat. You can utilise your CPF savings to help you pay for:

It is advisable to seek the assistance of a lawyer in order to check the possible use of your CPF savings when buying a House or Flat.

6. Your marital status 16

Buying a HDB with your fiancé(e)

Courting couples who intend to get married may apply to buy a HDB flat under the Fiancé/Fiancée scheme.

If your fiancé/fiancée is below 21 years old: He or she can only be listed as an occupier in the flat application.

If your fiancé/fiancée is below 21 but above 18 years old: Written consent from parents or guardians must be submitted during the flat selection appointment.

If your fiancé/fiancée is below 18 years old: A Special Marriage Licence from the Ministry of Social and Family Development must be submitted during the flat selection appointment.

Prohibition of change in name during application

Fiancé(e)s: While you are applying for a flat under the Fiancé/Fiancée Scheme, you are not allowed to delete the name of your fiancé/fiancée and include the name of a new fiancé/fiancée or to replace the fiancé/fiancée’s name with that of your parents, even if consent has been given by your ex-fiancé/fiancée.

Single children and parents: A single child who has applied with his/her parents will not be allowed to delete the parents’ names if the single child later includes his fiancé/ fiancée to qualify under this scheme.

Submission of marriage certificate

(a) If you are applying for the Additional CPF Housing Grant (AHG) or the Special CPF Housing Grant (SHG): You must submit a copy of your marriage certificate to the HDB on or before the date you take possession of the flat as these housing grants are meant for married couples.

If you have solemnised your marriage before you collect the keys to your flat, you will have to submit a copy of your marriage certificate to the HDB Sales Office.

(b) If you are not applying for the AHG or the SHG and you have booked a flat that is completed: You must produce your marriage certificate within three months after you have taken possession of the new flat.

(c) If you are not applying for the AHG or the SHG and you have booked a flat that is under construction: You must produce your marriage certificate at the estimated Delivery Possession Date of the flat or within three months after you have taken possession of the new flat, whichever is later.

(d) If you solemnise your marriage after you have taken possession of the new flat: You will have to submit a copy of your marriage certificate to the HDB Branch managing the lease of your flat.

Your Lawyer’s Role in a Property Purchase

When you purchase property, your lawyer’s responsibilities include the following:

  1. Reviewing the terms and conditions of the Option to Purchase or the Sale and Purchase Agreement to ensure that your interest is protected, and explaining the terms and conditions to you.

  2. Advising on the amount of stamp duty payable, and by what date.

  3. Conducting searches on the title of the property to ensure that you will be given the title to the property identified in the contract and which you have negotiated to buy – this is extremely important and you should make sure your lawyer carries out this step in the soonest time practicable, so that appropriate action can be taken if any defects in title are found.

  4. Sending routine queries to various government departments to ensure that are no adverse regulatory notices or government schemes that will affect the property that you wish to purchase.

  5. Lodging a caveat against the title to the property pending completion of your purchase — this notifies the public (and any third party interested in the property) that you have a valid interest or claim to the title of the property arising from the contract.

  6. Liaising with the bank’s lawyer who is responsible for preparing the mortgage to secure the loan, if you are using a loan to finance the purchase. In some cases, your Lender may appoint your lawyer to represent the Lender’s interest.

  7. Liaising with the Lender and the CPF Board (or their lawyers) to ensure that your loan and your CPF funds are in place and ready for drawdown in order to complete the purchase within the agreed completion period.

  8. “Completing the sale”, this means the payment of the sale price (from you as the Buyer) in exchange for the signed conveyance of title called the “Instrument of Transfer” which effectively transfers the ownership of the property from the current owners to yourself (as the new owner). Your lawyer must also ensure that the seller/transferor’s lawyer has filed a “notice of transfer” to notify the Inland Revenue Authority of Singapore (“IRAS”) within one month of the property transfer. 17

Legal Fees

Note: The lawyer’s fees do not include stamp duty or disbursements properly incurred by the lawyer.

Documents for Buying or Selling a House or Flat

Option to Purchase or Sale and Purchase Agreement

Generally, legal contracts for the sale and purchase of property take the form of:

  1. An Option to Purchase (“OTP”) or
  2. A Sale and Purchase Agreement (“SPA”)

A contract/agreement for the purchase of a House or Flat can be formed in many ways, for example:

Scope and content of OTPs and SPAs

OTPs (which are often prepared by property agents) and SPAs are documents that create legal rights and obligations, dealing particularly with:

Before signing: You should consult your lawyer before signing the OTP or the SPA. This is to ensure that your interests are protected.

Check whether the necessary terms have been included: Whatever form the legal contract takes, the following terms must be present in order for the sale and purchase agreement to be legally enforceable:

  1. Identification of the property offered for sale
  2. Price of the property
  3. Completion Date
  4. The contract for the sale of the property must aso be in writing, and signed by the owner or his authorised representative

The Law Society’s Conditions Of Sale

Most contracts for the sale and purchase of property in Singapore will incorporate standard terms called the Singapore Law Society’s Conditions of Sale 2012 (“2012 Conditions”). If the terms of the OTP or SPA are silent on certain points, then the 2012 Conditions will apply. These conditions may also be modified by express terms in the OTP or SPA.

A. Option to Purchase (OTP)

An OTP is a right or option given by the seller to the intending buyer to purchase the property at a specified price within a certain period of time. During an option period of typically 14 days, while the seller is prevented from selling the property to any other person the buyer can withdraw from the purchase.

Only the seller has to sign the OTP when it is granted. Usually the buyer will pay the seller an option fee of 1% of the purchase price of the property to secure the OTP. Note that the option fee is not refundable to the buyer if he/she does not exercise the OTP during the option period.

Before obtaining the OTP: You are advised to consult your lawyer before paying the option fee and obtaining the OTP. Your lawyer will investigate the title and advise you on the terms of the OTP before you accept them by exercising the OTP.

Exercising the OTP: You will exercise the OTP during the option period by signing the acceptance copy and returning this document together with payment of a deposit (usually 5-10% of the purchase price less the option fee you had paid earlier) to the seller. When exercised, the OTP forms the contract between you and the seller. Almost all options are expressly made subject to the Singapore Law Society’s Conditions of Sale 2012.

Preparing the OTP: OTPs are often prepared by property agents. While OTPs are adequate for the majority of transactions, it is always advisable to seek the assistance of a lawyer before you agree on the terms of the OTP and part with any money. Checks can then be done on the property before you pay the option fee.

B. Sale and Purchase Agreement (SPA)

Sometimes the seller will insist on entering into a SPA for the property. If the buyer signs the SPA, unlike in the case of the OTP they will not have the option of changing their mind and refusing to go ahead with the purchase.

Likewise, the seller cannot refuse to sell the property to you if a SPA is signed. The buyer often pays a deposit equivalent to 10% of the purchase price when the SPA is signed. Unlike an OTP, both the buyer and seller sign the SPA at the time the deposit is paid.

2. Purchase from an Unlicensed Developer

You are advised to consult your lawyer before paying the booking fee to unlicensed developers. Unlicensed developers are not required to comply with the Housing Developers (Licensing and Control) Act or its Rules. The unlicensed developer is free to mortgage the land and there are no statutory safeguards to ensure that the progress payments from the buyer will be utilised to pay off the mortgage loan. In the event that the unlicensed developer defaults in his mortgage payments or if he gets into financial difficulties he may not be able to complete the development.

Furthermore, you may face difficulties in obtaining approval to use your CPF savings to buy a property, or in obtaining a mortgage from a bank or finance company to finance your purchase of the House or Flat in view of the risks involved.

Selling Your House or Flat

It is important to keep the following factors in mind when selling your House / Flat:

  1. Whether to enter into an OTP or SPA
  2. Stakeholding
  3. Goods and Services Tax (GST) for properties with a commercial component
  4. Whether your flat is a HDB flat (specific rules will apply)

Option to Purchase or Sale and Purchase Agreement

You can sell your House or Flat by:

  1. Granting an Option to Purchase (“OTP”) to the buyer or
  2. Entering into a Sale and Purchase Agreement (“SPA”) with the buyer

For more information on the OTP or SPA see above.

2. Stakeholding

Your lawyers will normally hold the deposit paid on exercise of the OTP or signing of the SPA, as stakeholders. This is to assure the buyer that the deposit will be kept safely until completion of the purchase, especially as the sale will normally be subject to:

In certain circumstances, the Singapore Academy of Law will hold two kinds of conveyancing money:

3. Goods and Services Tax (‘GST’)

GST is not payable on residential property at present. 19

However, as some residential properties (e.g. a shop-house with a flat above) may involve a commercial component, you should seek advice from your lawyer on this as GST will be payable for the commercial component of the property.

Your Lawyer’s Role in a Property Sale

When you sell property, your lawyer’s primary responsibility is to ensure that on completion, you are ready to deliver the title to the property free from encumbrances such as your mortgage and CPF charge.

This requires your lawyer to liaise with your bank and the CPF Board or their lawyers for payment, out of the sale proceeds, of the outstanding loan amount and refund of your CPF funds sufficient to discharge the bank’s mortgage and the CPF charge.

Your lawyer shall also file a “notice of transfer” to notify the Inland Revenue Authority of Singapore (“IRAS”) within one month of the property transfer. 20

Housing & Development Board Flats

If you are selling your Housing & Development Board (“HDB”) flat, you should contact HDB directly in respect of the sale. The HDB has specific eligibility conditions and it has devised its own form of SPA for the sale and purchase of HDB flats.

Commonly Asked Questions on Purchasing or Selling a House or Flat

General

What is a private property?

A private property is any property in Singapore that is not owned by the Housing & Development Board (“HDB”) or the Jurong Town Corporation (“JTC”). HDB and JTC properties have specific rules and regulations which affect the sale and purchase of such properties.

Can I check what the area of the property is?

If you are buying a landed property, a title search done by your lawyer will tell you what the land area is. However this will not tell you the “built-up” area of the house.

If you buy a flat, the title search should tell you the built-up area of the flat. However for some old flats that have not been issued with strata titles, the areas stated in the title searches and documents are only estimates.

Properties that you are buying from developers are unlikely to have title documents issued yet. Thus, the only way to check the area of the property is from the Sale and Purchase Agreement.

I am not a Singapore Citizen. Are there any restrictions on me buying a residential property?

Yes, the Residential Property Act sets forth restrictions on foreign ownership of private residential property in Singapore. However, these restrictions do not apply if you are buying a non-restricted residential property. According to Section 4(1) of the Residential Property Act, non-restricted residential property includes:

As used in Singapore, “condominium” has a very specific meaning. Title documents for condominiums have the word “condominium” printed on the top of the document. Many developments that have swimming pool and other facilities normally found in condominiums are not in fact classified as condominiums.

If you intend to buy a landed property or a flat in a building that is below 6 storeys, you must apply to the Controller of Residential Properties for approval. Singapore Permanent Residents must also seek approval if they are buying such properties.

If you or any of your co-buyers is not a Singapore citizen, you should seek the advice of a lawyer before committing to a purchase. The Sale and Purchase Agreement or the Option to Purchase must allow for the approval from the Controller of Residential Properties if such approval is required. Failure to do so will render the Sale and Purchase Agreement or the OTP illegal and voidand you may not be able to obtain a refund of the deposit.

Which should I do first, find a property or check with the banks?

This will depend on your circumstances. If you have adequate financing then you can start looking for a property . However, if you need financing/a loan, it would be prudent to find out from the bank(s) the loan amount you are eligible for and the amount of monthly instalments required for repayment of the loan, before paying the option fee or signing an OTP or SPA.

For the average buyer, securing financing will depend on factors including your financial situation, age, available Central Provident Funds (“CPF”) savings and the amount of cash you can raise for your initial deposit. With this information, you will be able to concentrate your search for a property in the right price range. When you find a property you like, you should check with the banks once again to ensure that the property is not over-priced.

What are the Singapore Law Society’s Conditions of Sale 2012?

These refer to a set of standard terms and conditions which the buyer and seller may wish to incorporate by reference to standard contracts for the sale and purchase of immovable properties. Parties may however contract out of the 2012 Conditions or any particular Condition by providing their own terms and conditions in the contracts, where appropriate, to meet the particular circumstances of their transaction. 21

It is usual for any sale and purchase of property in Singapore to be made subject to these conditions. You should be able to obtain a copy of these conditions from your lawyer.

If the terms of the SPA or the OTP are silent on certain points, then the provisions of the 2012 Conditions will apply. These conditions may also be modified by express terms in the SPA or OTP.

What are some of the things that I have to pay for, other than the purchase price of the property?

Assuming that you are taking a loan and utilising your Central Provident Fund (“CPF”) savings for your purchase, you will have to ensure that you have funds for the following:

1. Bank loan processing fee (the amount varies from bank to bank and some banks may not charge / will waive this fee).

  1. Stamp duty on the SPAor OTP and on the loan documents.

3. Legal fees for your lawyers, the bank’s lawyers, the CPF Board’s lawyers and incidental legal expenses.

4. Incidental expenses that have to be settled (refer to Chapter 17.1.1(e)).

You can utilise your CPF savings to help you pay for:

  1. The purchase price.

2. The stamp duty, legal fees, incidental legal expenses and other related costs incurred in connection with the purchase of the House/Flat.

3. Monthly instalments for repayment of the loan. However, please note that there could be a mortgagee’s restriction on the use of your CPF savings towards servicing your housing loan 22 or other issues that should be taken into account. It is advisable to seek the assistance of a lawyer in order to check the possible use of the CPF savings for this purpose.

Do I have to pay commission for an incomplete property sale?

You have no obligation to pay any commission if the completion of the property transaction fails through no fault onyour part as the buyer . If you enter into a binding agreement for sale and purchase of a residential property with a seller introduced by an estate agent, you will have to pay the estate agent commission which is a percentage of the purchase price as indicated in the Sale and Purchase Agreement.

Sale and Purchase Of HDB Flats

Who can apply for a HDB loan to finance their purchase of resale flats?

Buyers can apply for a HDB loan if they and/or their essential occupiers*:

*Essential occupiers are family members who are required to be listed in the Application Form in order to form a family nucleus so that the buyer (the applicant) can qualify under the eligibility scheme to purchase a resale flat.

You are advised to check the HDB InfoWEB for the most updated eligibility conditions for HDB concessionary loans. 23

What are my options if I want to buy a HDB flat but am still part of a nuclear family due to my having been adopted?

Your being adopted does not affect your legal status as part of the family nucleus in question. But do note that if you are an essential occupier (see above), this means that your leaving the occupancy of the original HDB flat will affect the eligibility of its ownership for your remaining family members.

Can I sell a property on someone else’s behalf?

If you have been granted with a valid power of attorney.

How can I sell the HDB flat in case the joint owner objects?

You cannot unilaterally sell a HDB flat held under joint ownership with another.

However, you can sever your joint tenancy and convert it into tenancy-in-common. You and the other joint-owner(s) will then hold the flat in equal shares (e.g. 50%), under which you can seek to sell your own share of the HDB flat without requiring the agreement of the other joint owner(s). Do note, however, that you must have fulfilled the Minimum Occupation Period before being eligible to sell your flat. Please consult Chapter 17.1.1 or the detailed FAQs below for more information on the severance of the joint-tenancy.

How do I complete a property sale where seller and buyer are related?

The seller and buyer can proceed according to normal resale procedures related to HDB flats.

Alternatively, a flat owner may sell his/her share of the flat ownership to other family members under the Resale part-share scheme, subject to the buyers meeting HDB’s eligibility schemes and eligibility criteria. Resale part-share refers to a change of flat ownership by way of a partial sale/purchase between family members at a mutually agreed price. Monetary consideration is involved for such change in ownership. 24 The minimum occupation period of the flat must also have been met. However, resale part-share is not allowed between married couples. For more information, please contact HDB.

Do I need a solicitor to handle the resale transaction of my HDB flat?

Yes.

HDB provides conveyancing services for normal resale transactions. These services are available to buyers regardless of whether they are getting a loan from HDB or commercial banks/financial institutions.

You may also engage your own solicitor to handle the conveyancing. You need to produce a letter from your solicitor to confirm that they are acting for you in the conveyancing of the resale transaction when you submit your resale application to HDB or when you attend the resale first appointment.

How do I remove a caveat on my flat?

A caveat may be challenged and removed if there are grounds to do so, by filing a removal of caveat with the Registrar.

Letting / Renting a Property

Documents Required For Letting / Renting a Property

Most landlords and tenants will engage the help of a professional property agent to assist them and to protect their interest. The property agent will usually prepare the Letter of Intent (“LOI”) and Tenancy Agreement for the landlord and the tenant if the Landlord and Tenant agree to let/rent the property.

Document 1: Letter of Intent

The tenant offers to rent the property from the landlord based on the terms and conditions set out in the LOI by signing the LOI and paying a good faith deposit. The landlord may either accept or reject the offer. The tenant and landlord generally have a period to negotiate and agree on the terms of the tenancy agreement, usually 7 days.

The LOI may include provisions such as:

Document 2: Tenancy Agreement

The rights and obligations of the landlord and tenant will be set out in the Tenancy Agreement.

The Tenancy Agreement may include provisions such as:

Commission Fees

Each property agent/agency may charge different commission/fees, so you should check with the property agent what the commission is before you engage him/her. Both the landlord and tenant should ensure that an invoice from the licensed property agent’s agency is issued to them.

Subletting of an Entire HDB Flat

HDBflats sold under the Home Ownership Scheme are meant for owner-occupation by the flat owners and their families. However, flat owners who are Singapore Citizens may sublet their whole flat if they meet HDB’s eligibility conditions under the Subletting of Flat/Bedroom Scheme, such as prior approval from HDB.

Eligibility Conditions For Subletting

Prospective subtenants and flat owners are advised to familiarise themselves with HDB’s eligibility conditions: 25

  1. Citizenship of flat owners
  2. Citizenship of subtenants
  3. Minimum occupation period
  4. Maximum number of occupants
  5. Tenancy / property ownership status
  6. Period of subletting
  7. Fees and costs
  8. Application for approval
  9. Flat owner’s responsibilities
  10. Proof of ownership of flat
  11. Rent payment and deposit
  12. Disputes between subtenants and flat owners

1. Citizenship of flat owners

Flat owners must be Singapore Citizens to sublet their flat. Permanent Resident (PR) flat owners are not allowed to sublet their flat.

2. Citizenship of subtenants

Subtenants must be:

If the subtenants are non-citizens, you can verify their immigration status at the Immigration & Checkpoints Authority’s iEnquiry website 26 or their Employment Pass and “S” Pass validity on the Ministry of Manpower’s website. 27

Non-Citizen Subletting Quota

Subletting of a flat to one or more non-Malaysian non-citizens is subject to the Non-Citizen (NC) Subletting Quota. The NC subletting quota is set at 8% and 11% at the neighbourhood and block level respectively. It applies to subtenants who are PRs and foreigners, but not to Malaysians.

When the NC Subletting Quota in a neighbourhood and/or block is reached, flat owners there cannot apply to sublet their flat to any non-Malaysian NCs. They can only sublet their flat to Singaporeans and Malaysians. Flat owners can use the e-Service on the HDB InfoWEB to enquire if their flat can be sublet to non-Malaysian NCs. 28

The NC Subletting Quota does not apply to subletting of bedrooms.

3. Minimum occupation period

Flat owners may sublet their flat if they have met the minimum occupation period (“MOP”) as follows:

If you do not meet the MOP, you should contact HDB to see if any exceptions apply to you.

4. Maximum number of occupants

Flat type Maximum number of occupants allowed in each flat
1-room and 2-room 4
3-room 6
4-room and bigger 9

5. Tenancy / property ownership status

Subtenants must not be tenants/owners of other HDB flats except for:

Subtenants must not be owners of Executive Condominium units where the 5-year minimum occupation period has not been met.

6. Period of subletting

Minimum period

Flat owners are not allowed to sublet the flat on a short-term basis. The period of subletting to each subtenant per application must not be less than 6 months.

Maximum period

The maximum subletting period allowed is 3 years per application or as indicated in the approval letter, whichever is shorter. However, for subletting involving non-Malaysian NC subtenants, the period of subletting per application is 1.5 years or as indicated in the approval letter, whichever is shorter. NCs refer to Singapore Permanent Residents and foreigners. Flat owners are required to apply each time they sublet your flat or when they renew the subletting tenancy.

Computation of MOP for other purposes

The period of subletting will not be included in computing the requisite MOP/time bar to determine the flat owner’s eligibility to:

Owners who have sublet their flats will have to satisfy the full requisite occupation period/time bar specified by HDB before they are eligible for any of the above.

7. Fees and costs

Administrative fee

Flat owners have to pay an administrative fee of $20 for each subletting application.

Renewal fee

Flat owners must submit a new application and pay a fresh administrative fee to continue subletting the flat when the existing subletting period expires. The new application will be subject to a reassessment of the flat owner’s eligibility to sublet his/her flat and the NC Subletting Quota.

Withdrawal of Service & Conservacy Charge (S&CC) Rebate

As part of the Goods and Services Tax offset package, the Government granted the Service & Conservancy Charge (S&CC) rebate to eligible citizen households. However, lessees who sublet their flat will not be eligible for the rebate during the period of subletting. 29

8. Application for approval

You must obtain HDB’s approval before you sublet your whole flat. You can submit the application online at HDB’s MyHDBPage. 30 Alternatively, you can obtain the application form online or from any HDB Branch.

If the flat owner is overseas during the subletting period, there must be a properly appointed attorney to act for him in the management of the flat. A certified true copy of the Power of Attorney (POA), prepared in accordance with HDB’s standard format and which has been lodged with the High Court, must be furnished. You are advised to consult your lawyer on the POA.

9. Flat owner’s responsibilities

As a flat owner subletting your flat, you will be responsible for making sure that:

As a flat owner subletting your flat, you will also be responsible for:

10. Proof of ownership of flat

Subtenants are advised to visit the flat that they intend to rent and ensure that the person whom you are dealing with is the rightful owner of the flat. You can do so by requesting for documentary proof of flat ownership such as the Agreement for Lease, Service & Conservancy charges booklet, Annual or Loan instalment payment booklet/Annual Loan statements which should state the name of the flat owner.

11. Rent payment and deposit

The market practice is for rent to be paid on a monthly basis. The first payment should be made on the day the tenancy commences, while subsequent payments should be made on the same day of each subsequent month.

The deposit amount is usually equal to one month’s rent for a one-year tenancy contract, and two months’ rent for a two-year tenancy contract. This is payable upon signing the tenancy agreement, together with the first month’s advance rent. You are advised not to pay more than one month’s rent.

For proof of payment, you should pay the rental deposit and rents by cheque. You are also advised to move into the flat immediately after collecting the keys.

12. Disputes between subtenants and flat owners

Matters relating to subletting tenancy such as the rental amount, payment/forfeiture of deposits, right to terminate tenancy, subletting periods, etc. are private matters between owners and their subtenants. HDB will not mediate disputes between owners and their subtenants on these matters. Hence, flat owners and subtenants are advised to read carefully and understand all the terms and conditions in the tenancy agreement before signing it.

Subletting of Bedrooms in a HDB Flat

Eligibility Conditions For Subletting

Flat owners who are Singapore Citizens or Permanent Residents (PRs) may sublet their spare bedrooms if they meet HDB’s eligibility conditions: 31

  1. Citizenship of subtenants
  2. Maximum number of subtenants and numbers of bedrooms allowed for subletting
  3. Tenancy / property ownership status
  4. Period of subletting
  5. Registration of subletting
  6. Flat owner’s responsibilities
  7. Proof of ownership of flat
  8. Rent payment and deposit
  9. Disputes between subtenants and owners

1. Citizenship of subtenants

Subtenants must be:

Verifying immigration status of non-citizens: If the subtenants are non-citizens, you can verify their immigration status at the Immigration & Checkpoints Authority’s iEnquiry website 32 or their Employment Pass and “S” Pass validity on the Ministry of Manpower’s website. 33

2. Maximum number of subtenants and numbers of bedrooms allowed for subletting

You are allowed to sublet your bedroom(s) only if you own a 3-room or bigger flat. No prior approval from HDB is required for subletting of the bedroom(s). However, flat owners must comply with HDB’s subletting rules and regulation including the registration with HDB within the required period of time. Owners of 1 and 2-room flats are not allowed to sublet their bedroom.

The total number of occupants (inclusive of owners, authorised occupiers and subtenants) and the total number of bedrooms which flat owners are allowed to sublet in each flat is summarized in the chart below:

Flat type Maximum number of bedrooms* allowed for subletting Maximum number of occupants allowed in each flat
3-room 1 6
4-room and bigger 2 9
Executive 2 9

* The living room, household shelter and utility room cannot be sublet. 34

3. Tenancy / property ownership status

Subtenants must not be tenants/owners of other HDB flats except for:

4. Period of subletting

Minimum period

Flat owners are not allowed to sublet the flat on a short-term basis. The period of subletting to each subtenant per application must not be less than 6 months.

Maximum period

The maximum subletting period allowed is 3 years per application or as indicated in the approval letter, whichever is shorter. However, for subletting involving non-Malaysian NC subtenants, the period of subletting per application is 1.5 years or as indicated in the approval letter, whichever is shorter. NCs refer to Singapore Permanent Residents and foreigners. Flat owners are required to apply each time they sublet your flat or when they renew the subletting tenancy.

5. Registration of subletting

No approval from HDB is required. However, flat owners must register the subletting with HDB within 7 days from the commencement date of the subletting. You can register online at MyHDBPage. 35

6. Flat owner’s responsibilities

Flat owners and their authorised occupiers must continue to live in the flat with the subtenants during the period of subletting. In the event that the flat owners and authorised occupiers do not live in the flat, the registration for the subletting of rooms will be revoked automatically, the subletting will be deemed as subletting of the whole flat without HDB’s approval, and appropriate action will be taken against the flat owners under the Housing & Development Act.

As a flat owner subletting your bedroom, you will be responsible for making sure that:

Owners are responsible for surrendering the flat to HDB in the event that the flat is re-possessed by the HDB.

7. Proof of ownership of flat

Subtenants are advised to visit the flat that they intend to rent and ensure that the person whom you are dealing with is the rightful owner of the flat. You can do so by requesting for documentary proof of flat ownership such as the Agreement for Lease, Service & Conservancy charges booklet, Annual or Loan instalment payment booklet/Annual Loan statements which should state the name of the flat owner.

8. Rent payment and deposit

Rent: The market practice is for rent to be paid on a monthly basis. The first payment should be made on the day the tenancy commences, while subsequent payments should be made on the same day of each subsequent month.

Deposit: The deposit amount is usually equal to one month’s rent for a one-year tenancy contract, and two months’ rent for a two-year tenancy contract. This is payable upon signing the tenancy agreement, together with the first month’s advance rent. Persons should be advised not to pay more than one month’s rent.

For proof of payment, you should pay the rental deposit and rents by cheque. You are also advised to move into the flat immediately after collecting the keys.

9. Disputes between subtenants and flat owners

Matters relating to subletting tenancy such as the rental amount, payment/forfeiture of deposits, right to terminate tenancy, subletting periods, etc. are private matters between owners and their subtenants.

Note: HDB will not mediate disputes between owners and their subtenants on these matters. Hence, flat owners and subtenants are advised to read carefully and understand all the terms and conditions in the tenancy agreement before signing it.

Commonly Asked Questions on Letting and Subletting

For Landlords

What are my rights as a landlord?

Your rights are provided in the Tenancy Agreement. This includes:

a. Having rent paid on time.

> b\. Having repairs made and paid for where damage other than normal
> wear-and-tear was caused by the tenant or their guests.

b. Not having the property used for any purpose other than residential.

d. Allowing the landlord or the landlord’s agent to enter the premises for specific purposes, including inspection, repairs and maintenance.

e. Returning the premises to the landlord in its original condition, which includes having all repairs done, walls repainted, curtains and appliances thoroughly cleaned, and any installations removed unless an agreement was made with the landlord for these to remain.

If the tenant does not fulfil the minimum period of stay as stipulated in the Tenancy Agreement, the tenant must pay the landlord the amount of agreed rent, unless the tenant or the landlord is able to find a replacement that does not cause the landlord to suffer a loss in rental.

It is essential to carefully draft the Tenancy Agreement to deal with situations, specifically breaches of contractual terms, which allow the landlord to evict a tenant. General provisions pertaining to landlord and tenant relations are mentioned in the Civil Law Act, Distress Act, Evidence Act and several other laws. However, there is no specific law that governs the landlord-tenant relationship. Therefore, the court will look at the Tenancy Agreement to see if the landlord’s actions of evicting the tenant are in accordance with the agreement.

I have sublet my flat to subtenants. If there is misuse of the flat during the period of subletting (for e.g. using the flat as a gambling den), who will be held responsible?

You, as flat owner, are responsible for the compliance with all the covenants in the lease and the provisions of the Housing & Development Act, in case of any infringement committed by the subtenants during the period of the subletting.

I would like to let someone else stay in my flat without collecting rent from them, while my family and I stay elsewhere. Is this allowed?

You, as flat owner, may allow your relatives/friends to stay in your flat temporarily. However, you and your family must continue to stay in the flat during the period when your relatives/friends are staying there.

Unauthorised subletting of flat is an infringement of the lease. HDB takes a serious view of such infringements and will not hesitate to take strong action against those who flout the rules. Unauthorised subletting of a flat includes instances where owners sublet one or more bedrooms while they do not live in the flat during the period of subletting, instead keeping one room locked while coming back only occasionally. HDB can repossess the flat of those who commit such infringements, or impose a penalty against them.

I own a private property and would like to reside there and sublet my HDB flat. Is this allowed?

Yes. This is subject to HDB’s eligibility conditions (please refer to the previous sections).

I have locked up one room and sublet the remaining rooms to subtenants while my family and I stay elsewhere. Is this a violation of HDB’s subletting policy?

Yes, it is a violation.

Locking up one room and subletting the remaining ones while you and your family stay elsewhere is deemed as unauthorised subletting of the whole flat and, therefore, an infringement of the lease. HDB can repossess the flat and/or impose a penalty against you.

HDB flats are meant for owner-occupation. If you sublet your rooms (and not the entire flat) to subtenants, you and your family must continue to stay in the flat with the subtenants during the period of subletting.

Can Executive Condominium (EC) owners sublet rooms in their EC units?

Yes.

No prior approval from HDB is required if you rent out your bedroom(s) in the EC within the minimum occupation period.

Registration and notification: However, you must register the subletting of bedrooms with HDB within 7 days of doing so. You are also required to notify HDB when you renew or terminate the subletting of bedrooms, and when there are changes to your subtenants’ particulars. You may approach the HDB Branch managing your EC to register the subletting.

A subtenant left 2 days into a 1-month agreement. Am I required to return the deposit paid?

You should check your Tenancy Agreement for the terms between the landlord and yourself. There are no standard terms regarding the pre-mature termination of lease. The terms can be drawn up in the Agreement depending on what is mutually agreed upon by both parties. The deposit should be refunded upon termination of the Agreement in under certain stipulated events.

For Tenants and Sub-Tenants: General

What are my rights as a tenant?

Rights under the Tenancy Agreement: A tenant is entitled to a copy of the Tenancy Agreement which usually states the tenant’s rights. For example, the landlord must fulfil the minimum stated period of rental at the agreed price and must compensate the tenant for any major repairs.

Tenants also have the rights to clean premises in good state of repair, reasonable security with locks in good working order, and vacant possession at the commencement of the lease.

Rights under common law: Additionally, the common law will imply certain rights even if these are not specifically provided in the lease agreement. Some examples are the implied covenants for quiet enjoyment of the premises, which means that you can enjoy the use of the premises without interference. Other implied covenants are that there shall be no derogation from the grant. That means all the terms granted to you must be fully observed by the landlord. The implied covenant for good title and possession of the premises for the fixed term is= another. As long as the fixed term given has not expired, the original parties to the lease agreement have to fulfil their respective obligations.

What if my landlord sells his Flat / House while I am still a tenant and the Tenancy Agreement has not yet expired?

Even if a landlord has sold or transferred his interest in the freehold or the remainder of whatever rights he may have in the property, the buyer or successor-in-title shall be bound to observe the terms of the lease granted to the tenant (Section 11, Conveyancing and Law of Property Act).

If the landlord wants to evict the tenant before the minimum stated period of rental is up, the tenant may find a comparable rental and sue the landlord for the extra rent paid at the new rental premises.

As a prospective subtenant, how do I know whether an HDB owner is eligible to sublet his flat?

Singapore Citizens who wish to sublet their whole flat are required to obtain the written approval from HDB. Hence, you may request the flat owner to show you a copy of the approval letter from HDB to rent out their flat. To protect your interest, you are also advised to include a condition in the subletting contract, specifying that the validity of the contract is subject to the flat owner obtaining HDB’s approval for the subletting.

I intend to rent a flat. How do I know whether the person I am dealing with is the owner of the flat that I will be renting?

You can do so by requesting the person you are dealing with to show you documentary evidence of flat ownership, such as:

(a) Agreement for Lease (b) Service & Conservancy charges booklet (c) Annual or Loan instalment payment booklet / Annual Loan statements

The name of the flat owner should be stated in the above documents.

How can I enforce a verbal agreement with my landlord?

A verbal agreement cannot be enforced unless sufficient evidence is provided to prove its existence (Section 6(b), Civil Law Act).

An oral agreement for a lease coupled with part performance will also render the lease enforceable, however, payment of a rental deposit will be insufficient. The tenant’s part performance will have had to be a clear act to demonstrate evidence of an agreement to rent to premises, such as making renovations.

What can I do with a landlord who doesn’t honour an agreement?

You will need to refer to the Tenancy Agreement when disputes arise. There is no specific law that governs the landlord-tenant relationship.

Clauses in the Tenancy Agreement: it is essential to carefully draft a Tenancy Agreement that specifies particular situations, which allows the non-breaching party either to claim compensation or to terminate the Tenancy Agreement. For example, where a clause requiring the landlord to maintain the property is not being honoured, there may be a corresponding terminating clause stating that where the landlord refuses to maintain the property, the tenant may give notice of intent to terminate the lease agreement prematurely unless the landlord complies within a stipulated time frame. The clause may state further that if the landlord still refuses, the tenant may terminate the lease without consequence and have his deposit returned.

Contract Law Principles: Where no such clauses exist, the principles of contract law apply.

Material breach: to be able to terminate a contract there must be a “material breach” of contract causing damages which allows the non-breaching party to terminate the Tenancy Agreement. There is no strict definition of “material breach”, the courts considering the circumstances of each case and consequences resulting from the breach. As such a carefully drafted Tenancy Agreement specifying the types of conduct that will constitute a “material breach” is crucial.

Minor breach:Where the breach is a minora tenant may be able to pursue damages at the Small Claims Tribunal, but it is recommended that both parties try to negotiate first. A minor breach does not excuse the tenant from fulfilling his/her contractual duties (such as paying rent).

Resolution of Contractual Issues: You may consider legal arbitration or litigation in civil court to resolve this contractual issue. Arbitration is a method by which the concerned parties agree to resolve their differences out of court. This process involves a law counsel, who is also known as an arbitrator. Both parties abide by the judgment passed and follow the settlement accordingly. If either of the parties does not agree for out-of-court settlements, then the breach of contract is made into a civil case.

The landlord and co-tenant have changed the locks on the unit I rent -what are my rights?

Rights in the Tenancy Agreement: You should check your Tenancy Agreement for the terms between the landlord and yourself. Subject to certain stated conditions (e.g. late payment of rental, lack of performance with regards to any other condition), the landlord is usually obliged to ensure that you can peaceably hold and enjoy the flat during the lease term without any interruption from him.

Implied Rights: Additionally, the common law will imply certain rights even if these are not specifically provided in the lease agreement. An important implied covenant states that there shall be no derogation from the grant. Barring any fault on your part, hanging the locks on the unit you rent to prevent you from gaining entry could be seen as an infringement of this condition.

I gave notice to terminate a lease agreement because renovation works in the HDB block made the premises unsuitable for occupation. Am I liable to pay the rent for the remainder of the lease agreement?

You should check your Tenancy Agreement for the conditions under which your lease agreement may be terminated prematurely. Your rights to quiet enjoyment are usually provided or implied into the lease agreement. This protects your right to use and enjoy the premises without interference.

If the renovation works are of a nature and degree that interferes with this right, you may be able to terminate the agreement prematurely. You will need to contact a legal representative for more specific advice based on the exact circumstances.

I have signed a 1-year Tenancy Agreement. Can I back out of this Agreement? What if I find a replacement tenant?

In the event you have negotiated an exit clause in your tenancy agreement, you can terminate the agreement whenever you want subject to the terms of the exit clause. Please note that this is not a standard clause and you should include it in the Tenancy Agreement.

Note: Please also consider that the landlord will usually insert a reimbursement clause, therefore, in the event of early termination of the Tenancy Agreement you are required to refund the commissions due by the landlord to the agent.

I am a subtenant and terminating my lease early. I am now being asked to pay the agent fee by the main tenant. Do I have to pay?

You should check your Tenancy Agreement for the terms between the landlord and yourself. There are no standard terms regarding the premature termination of lease. The terms can be drawn up in the Agreement depending on what is mutually agreed upon by both parties. Please consider that it is likely that the landlord has requested and inserted a reimbursement clause under which you should refund the commissions the landlord has paid to the agent.

What is the required notice period for a 12-month lease agreement?

You should check your Tenancy Agreement for the terms between the landlord and yourself as there are no standard terms regarding the premature termination of lease.

Diplomatic Clause: Many tenancy agreements contain a Diplomatic Clause, which is a provision protecting the tenant in the event that he/she loses his job or is transferred overseas by his employer. This allows him/her to break the lease by giving a one-month notice period upon completion of one year. However, the tenant must furnish sufficient proof of relocation or job loss by providing a letter from the company. This provision is usually applicable only in the case of a two-year lease, but if the landlord is agreeable, it could have been included in a one-year lease agreement.

My landlord terminated my lease agreement with 1-month’s notice but did not provide the stipulated compensation for doing so. How do I recover my money?

You should check your Tenancy Agreement for the terms between the landlord and yourself as there are no standard terms regarding the premature termination of lease.

However, if your landlord is supposed to provide you with compensation for termination with only one month’s notice and consistently refuses to do so despite your requests, you may have a legal claim against him. Contact a legal representative for advice on taking action against him.

I have been in default of rental payments for 2 months – what should I do?

There should be a grace period in your Tenancy Agreement, after which your landlord has the right to re-enter the premises and issue a letter to demand for payment (possibly with interest). Your landlord may also want you to vacate the premises.

You should speak to your landlord to explain yourself (if there are any extenuating circumstances). If this is the first time you have made late rent payments and you have upheld all other conditions in the Agreement, your landlord probably will not want to lose your tenancy and might be able to work out an arrangement with you. You should also speak to your bank and/or any legal representatives to ensure that you are in a position to pay your rent as soon as possible.

I entered into a Tenancy Agreement in which I was the occupier and another person was the main tenant. The main tenant forced me to move out. What are my legal rights?

You should check the terms in your Tenancy Agreement. Subject to certain stated conditions (e.g. late payment of rental, lack of performance with regards to any other condition), the landlord is usually obliged to ensure that you can peaceably hold and enjoy the flat during the lease term without any interruption from him. If not specifically stated the common law implies the clause that there shall be no derogation from the grant. Barring any fault on your part, being forced to move out could be seen as an infringement of this condition.

For Tenants and Sub-Tenants: Recovering your Deposit

I paid a deposit for a room but have changed my mind. Can I recover my deposit in full or in part?

The good faith deposit is a token deposit, usually one month’s rent and is non-refundable. Hence, it is important to be absolutely sure on your decision to rent a particular property to avoid forfeiting the good faith deposit.

How can I terminate the agreement / recover my deposit? Can I recover the agent fee?

You should check your Tenancy Agreement for the terms between the landlord and yourself. The deposit should be refunded upon termination of the agreement under certain stipulated events (e.g. HDB revoking its consent to the subletting).

You usually cannot recover the agent fee.

I paid a deposit to a landlord and subsequently found out that the bank has repossessed the property. How do I recover my deposit?

You should check your Tenancy Agreement for the terms between the landlord and yourself. The deposit should be refunded upon termination of the agreement under certain stipulated events (e.g. repossession of property by HDB or a bank). You should not only be able to recover your deposit, but also be able to claim additional compensation as stated in the agreement (e.g. for transportation costs). You should contact your landlord to provide him with an opportunity to repay your deposit before commencing legal action.

The head tenant sublet to me in breach of the HDB Regulations. I want to move out, how do I recover my deposit?

You should check your Tenancy Agreement for the terms between the landlord and yourself. The deposit should be refunded upon termination of the Agreement in under certain stipulated events (e.g. HDB revoking its consent to the subletting).

You are likely able to be recover your deposit, and also claim additional compensation as stated in the Agreement (e.g. for transportation costs).

I have a verbal sub-tenancy agreement evidenced by SMS/text message. The head tenant will not return my deposit. How do I recover my deposit?

You should contact your head tenant to provide him with an opportunity to repay your deposit first before commencing legal action. In the situation where he repeatedly refuses to return the deposit, you may have a claim for legal action against him provided that you can prove the existence of your verbal agreement with sufficient evidence (e.g. part performance by the tenant, written evidence, SMS).

I am invoking the diplomatic clause in my tenancy agreement. How can I ensure that my deposit is returned to me?

Please check your Tenancy Agreement if you have met the agreed requirements for a return of your deposit (e.g. minimum time period for giving notice/elapsed). If you believe that you are entitled to your deposit but your landlord consistently refuses to refund it to you despite attempts at negotiation, you may have a legal claim against him and you should seek legal advice.

However, do consider that the diplomatic clause usually includes a reimbursement clause granting the landlord the refund of the commission the landlord has paid to his agent.

I signed a Letter of Intent (“LOI”) to rent a property and paid a deposit. The possession date was then delayed for a month so I did not want to sign the lease. How do I recover my deposit?

Typically, if the tenant fails to execute the Tenancy Agreement before the proposed commencement date set out in the LOI, the good faith deposit will be forfeited to the landlord. But as there are no standard terms relating to this, you should check your LOI for any specific terms. Careful drafting is thus important for the LOI.

Recourse for Landlords, Enforcement Proceedings

If your tenant fails to pay rent, you have several options as landlord, including:

  1. A distress action
  2. An action to sue for arrears of rent
  3. Forfeiture of the lease

Distress Action 36

A distress action allows the landlord to go into the premises to seize goods up to the value of the rents owed, in order to compel the tenant to pay up.

However, the tenant must be given a stipulated (and reasonable) time to recover his goods by paying up all arrears. Only failing this can the landlord can sell the goods and recover the rent owed. Any balance must be returned to the tenant.

Writ of distress

A landlord or his authorised agent may apply to the court for an order for the issue of a writ of distress for the recovery of rent due by a tenant of any premises for a period not exceeding 12 completed months of the tenancy immediately preceding the date of the application.

Step 1: Filing a writ of distress

The procedure starts with the filing of a writ of distress that is addressed to the Sheriff. The Sheriff will seize the movable goods or belongings on the property, and make an inventory and a valuation. The tenant will be given a notice of the seizure, informing him of the rent owed and that the goods seized will be sold at a stated place and time.

Notice requirement: If the tenant is not on the premises, such notice may be given to any person in occupation thereof or by posting it in some conspicuous place. The tenant has 5 days to pay up from the date of notice or apply to a judge to restrain the execution of the writ, or to release any part of the property seized.

Step 2: Judicial determination

The judge may deal with the matter summarily and dismiss the application or discharge the writ, or order the release of any property seized, or may direct an issue to be tried and, pending the determination of such issue, suspend the execution of the writ, or may order the property to be sold and the proceeds of sale to be lodged in court and the proceeds applied first to pay the sheriff’s costs and then to satisfy the outstanding rent.

The balance, if any, will be returned to the tenant.

NOTE: Property exempted from seizure

  1. Things in actual use and in the hands of a person at the time of the seizure.
  2. Tools and implements not in use where there is other movable property in or upon the house or premises sufficient to cover such amount and costs.
  3. The tenant’s necessary wearing apparel and necessary bedding for himself and his family.
  4. Goods in the possession of the tenant for the purpose of being carried, wrought, worked up, or otherwise dealt with in the course of his ordinary trade or business.
  5. Goods belonging to guests.
  6. Goods in the custody of the law.

Suit For Arrears Of Rent

Statutory Limitation: This action must be brought within 6 years of the date when the arrars became due.

Rent owed is a debt and is therefore recoverable by simply suing the tenant on the contract. The claim will be a specific sum, i.e. the rent owed plus interest as the court thinks fit.

Process:

  1. Legal proceedings are begun via a writ of summons.
  2. The tenant must then enter appearance by filing a Memorandum of Appearance within 8 days of the date of service of the writ. Otherwise, judgment may be entered against him in default of appearance.
  3. Thereafter, the tenant will have to file a Defence to the claim, if any, within 14 days. If he does not, or if he has no Defence under the law, the landlord may then apply for judgment to be entered against him in default of Defence.

Forfeiture Of Lease

The landlord may also apply for forfeiture of the lease, i.e. effectively bring the lease to an end. This is often an action for possession, and a well-drafted agreement will usually contain a clause for re-entry in the event of the tenant’s failure to pay rent.

Process:

  1. A landlord can obtain possession of the premises either by effecting a peaceable entry or by process of law. This must be coupled with the intention on the part of the landlord to exclude the tenant from possession, hence the requirement for a formal demand. As it is unlikely that the tenant will calmly submit, it is more common to instruct a solicitor to issue a writ of summons for possession.
  2. The landlord may institute legal proceedings for taking possession. The action should be brought before the District Court where the annual value of the property does not exceed $250,000 or the rent payable by the tenant does not exceed $250,000 a year or $20,800 a month. Otherwise, the action should be brought in the High Court.
  3. However, the tenant may apply to court before judgment for relief from forfeiture by paying into court all the arrears of rent and costs, in which case the tenant would be able to continue with the lease and not have to enter into a newone.
  4. Even after judgment for possession, the tenant is still entitled to relief if he pays up the judgment sum with costs within 4 weeks of the judgment. The law is not explicit about whether relief is still available to the tenant where the landlord has entered into possession peaceably and changed the locks.

Restrictions on forfeiture of lease

The law generally leans against forfeiture of the tenancy for non-payment of rent. The landlord is put to strict proof of his case and the tenant is usually allowed a last chance to pay up the arrears. It is only when he fails to pay that the tenancy can be forfeited.

Note that the landlord’s right to forfeit arises only if the payment of rent is made a condition of the lease or if the right of forfeiture for non-payment of rent is expressly reserved in the lease.

Technically, for the right of re-entry to arise, a formal demand by the landlord must first be made unless the lease specifically provides otherwise or unless the lease is a registered lease under the Land Titles Act. In the case of premises under the Land Titles Act, the landlord has an implied power to re-enter and thereby terminate the tenancy if rent is in arrears for 30 days, even though no formal demand is made.

Commonly Asked Questions on Enforcement Proceedings

Questions from the Landlord

I terminated a rental agreement with the lodger/tenant for failure to pay rent. Some of his belongings still remain at rental property. Can I remove these items?

The action of distress involves the landlord going into the demised premises to impound goods up to the value of the rents owed, so as to compel the tenant to pay up. The tenant is then given a stated period of time to recover his goods by paying up all arrears. If the tenant fails to repay within the time stipulated, the landlord can sell the goods and reimburse himself for the rent owed, from the proceeds. Any balance must be returned to the tenant.

Can the Sheriff seize goods in a residential property when there is no one at home?

Yes, the Sheriff is empowered to break any door or window to enter a property while enforcing his duties. 37

Questions from the Tenant

My landlord is trying to evict me. What are my rights?

You may apply to a judge to discharge or suspend the execution of the writ, or to release any part of the property seized. The judge may, on an application for the release of any property through one of the following ways: 38

Can creditors seize my property located overseas?

No. The Sheriff can only seize goods found on the premises.

How do I get my belongings back from the landlord?

If a landlord is in possession of the tenant’s goods and belongings due to a seizure as a result of unpaid rent, the tenant may get back his belongings by paying the overdue rent within 5 days (this is the time frame stipulated in the writ of distress). If payment is not made, the tenant’s belongings may be sold no earlier than 6 days after the date of notice.

If a tenant wants to contest the seizure, an application to restrain the execution of the writ may be made to a judge who will then make an order as to how the property will be dealt with. If rent remains unpaid, the property will likely be ordered to be sold to cover the outstanding amount. Any balance proceeds will be returned to the tenant.

If a landlord is unlawfully in possession of a tenant’s belongings, a tenant may commence a civil suit against the landlord for detinue for unlawful detention of property, which may result in the return of their property and/or compensation for their loss.

May members of the public purchase goods that have been seized by the Sheriff?

Yes, items seized by the Sheriff will be auctioned at the place of seizure during a Sheriff’ s sale. The notice of sale is available on the Supreme Court’s website as well as the place of seizure. However, if the value of the goods exceeds S$2,000.00, an advertisement will be published in the Straits Times. All payments for goods purchased must be in cash only. 39

How can I find out whether there are any goods to be auctioned off/sold by the Sheriff?

Notices of sale will be posted on the Supreme Court’s website and in the Straits Times. 40

What happens if my mortgage isn’t paid?

If you cannot pay your mortgage after repeated warnings, your flat might be repossessed by HDB. In this case, it is your responsibility to ensure that your tenants vacate the premises.

As per the terms of the tenancy agreement between you and your tenant, you might be liable for any compensation (e.g. by premature termination of lease due to fault on your part) and or losses (e.g. for transportation) incurred by your tenants.

I am a tenant in a property. Can the Sheriff evict me from this property?

Yes, because the Sheriff is acting according to the orders of the Court. However, tenants are given some time to move out from the property. 41

HDB Flats & Related Issues

Owning A HDB Flat

1. Regulations governing ownership

A flat owner may transfer the flat ownership to other family members, subject to the HDB eligibility schemes and eligibility criteria.

You are advised to contact the HDB directly in respect of the sale and/or purchase of HDB flats. The HDB has devised their own form of Agreement/Contract for the purchase of HDB flats.

An applicant can purchase the flat as a sole owner of the flat. If there are two or more owners, they can own the HDB flat either as joint-tenants or tenants-in-common. A maximum of four owners are allowed for each flat.

2. Changing the manner of holding or the proportion of shares held

After the purchase of the flat, flat owners are allowed to change the holding type from joint-tenancy to tenancy-in-common, and vice versa. Existing flat owners who are holding the flat under tenancy-in-common can also apply to change the shares of flat ownership they are holding. The total shares of flat ownership must be in fractions and must add up to one whole.

3. Inclusion and deletion of occupiers 42

After the purchase of the flat, flat owners can apply to include their family members or immediate relatives as occupiers of the flat. The proposed occupiers must meet HDB’s eligibility conditions, set out in the following tables:

Eligibility criteria for subsidised flats, which include flats bought from HDB, resale flats bought with the CPF Housing Grant, and Design, Build and Sell Scheme (DBSS) flats purchased directly from developers)
Eligibility Criteria Subsidised flats
Relationship of occupiers Proposed occupiers must be related to the flat owner. They can
to flat owners be the following persons:
  (a) spouse
  (b) children/adopted children
  (c) parents/parents-in-law
  (d) brothers/sisters
  (e) other blood relatives
  Proposed occupiers in above categories (a) to (e) can be
  Singapore Citizens, Permanent Residents (PRs) or non-citizens.
  Where all the flat owners are PRs, the proposed occupiers
  must have obtained the PR status for at least 3 years.
   
  Proposed occupiers in categories (d) and (e) who are
  non-citizens must hold long-term social visit passes for at
  least six months.
   
Income of occupiers For flat owners who have not completed the required minimum
  occupation period (“MOP”) for their flat:
   
  1. If the proposed occupiers are spouses, parents or
  2. grandparents, their incomes need not be assessed.
  3. Proposed occupiers who are children, adopted children,
  brothers, sisters and other blood relatives need to have
  their income assessed.
  4. Income of proposed occupiers together with the rest of
  the family’s income must not exceed the income ceiling
  stipulated for the purchase of a flat direct from HDB.
   
  For flat owners who have completed the required MOP, the
  income of proposed occupiers need not be assessed.
   
Occupiers’ ownership For flat owners who have not completed the required MOP for
of private property their flat:
  1. Proposed occupiers must not have an interest in any
  private property.
  2. Proposed occupiers can however be ex-owners of private
  property (including HUDC Phase 1 and 2 flats and
  pre-war flats).
   
  For households consisting of at least one Citizen owner and
  that have completed the required MOP, the proposed occupiers
  can be the owners of private property, for investment
  purposes.
   
  For PR households (i.e. households without any Singapore
  Citizen owner) and that have completed the required MOP, the
  proposed occupiers must not have an interest in any local
  private residential property.
Eligibility criteria for non-subsidised flats, which include resale flats bought without the CPF Housing Grant:

Non-Subsidised Flats for Resale - Applications Submitted before 30 Aug 2010

Proposed occupiers must be related to the flat owner. They can be the following persons:

  1. spouse
  2. children/adopted children
  3. parents/parents-in-law
  4. brothers/sisters
  5. other blood relatives

Proposed occupiers in above categories 1 to 5 can be Singapore Citizens, Permanent Residents (PRs) or non-citizens. Where all the flat owners are PRs, the proposed occupiers must have obtained the PR status for at least 3 years.

Proposed occupiers in categories 4 and 5 who are non-citizens must hold long-term social visit passes for at least six months.

Income of proposed occupiers need not be assessed.

For households consisting of at least one Citizen owner, the proposed occupiers can be the owners of private property, for investment purposes.

For PR households (i.e. households without any Citizen owner), the proposed occupiers must not have an interest in any local private residential property.

Non-Subsidised Flats for Resale - Applications Submitted after 30 Aug 2010

For flat owners who have not completed the required MOP for their flat:

For households consisting of at least one Citizen owner and that have completed the required MOP, the proposed occupiers can be the owners of private property, for investment purposes.

For PR households (i.e. households without any Citizen owner) and that have completed the required MOP, the proposed occupiers must not have an interest in any local private residential property.

Deletions

Flat owners may delete the names of the existing occupiers, as long as the deletion does not make the flat owners ineligible to retain the flat.

You are advised to contact HDB if you require more information.

Retention & Transfer Of Flat Ownership

Existing flat owners may transfer the ownership of their flat to other family members or apply to retain the flat due to changes to the family structure, e.g. marriage, divorce or death of co-owner(s) or occupier(s), subject to HDB’s eligibility rules and conditions to own a flat.

Commonly Asked Questions on Retention & Transfer of Ownership of HDB Flat

Transfer of Ownership

Can I relinquish ownership of my HDB flat?

Yes, but only to family members subject to the HDB eligibility schemes and eligibility criteria. The change of ownership is without monetary consideration and is by way of gift on grounds of love and affection.

Please note that a maximum of 4 owners are allowed for each flat. If there are 2 or more flat owners, they can choose to own the HDB flat under joint-tenancy or tenancy-in-common.

Can I list a minor as an owner of a jointly-owned flat?

No, a joint owner should be at least 21.

Can I be made an occupier of the HDB flat jointly owned by my parents?

Yes, after your parents have purchased a flat, they can submit an application to HDB to include you as occupier of the flat. However, you must meet HDB’s prevailing eligibility conditions.

I am currently renting a flat from HDB. Can I transfer the tenancy of the existing flat to a non-occupier of the flat?

No. The proposed registered tenant must be an existing authorised occupier and he must be able to retain the flat under either the Family Scheme or Joint Singles Scheme.

I wish to transfer an existing tenancy to an eligible tenant. Will the proposed registered tenant be granted a fresh 2-year term tenancy?

No. The proposed registered tenant will only be granted the balance of the 2-year term tenancy.

My father has passed away. My mother is the only occupier of the rented flat. Can she take over the tenancy of the flat?

Yes, your mother is allowed to take over the tenancy.

I am staying in a 2-room rental flat. My flatmate has passed away. Can I retain the flat?

No.

You need to include another eligible single person and transfer to a 1-room flat under the Joint Singles Scheme.

My flat that I solely own is mortgaged to a bank/financial institution. Am I allowed to transfer ownership of my flat?

You need to check with your bank/financial institution whether they have any objections to the change in ownership of the flat. Please note that if the purchase of the flat has been financed with a mortgage loan from a bank or the HDB, then the flat may be sold by the bank through a mortgagee sale, or compulsorily acquired by the HDB in the event the owners default in the mortgage repayment and run up mortgage arrears.

How can I remove my name from being the co-owner of a HDB flat?

If you contributed towards the payment of the flat from your individual CPF account, the other co-owners of the HDB flat must agree to top up this amount, including interest. Resale part-share is also available between family members (but not between for married couples). This involves a change in flat ownership by way of a partial sale/purchase between flat members at a mutually agreed price.

Purchasing & Investing in Private Properties

HDB flat owners and occupiers of the following sold flats are allowed to purchase private residential property (both local and overseas) if the flat owners have fulfilled the minimum occupation period (“MOP”) for their flat.

There is no limit on the number of private properties that a flat owner or occupier can purchase, and the private residential properties can still be under construction or ready for possession. However, flat owners must meet certain eligibility conditions: 43

Types of HDB-sold flats Eligibility conditions
Flats bought directly from HDB The flat owners must satisfy the MOP for their
  flats before acquiring private residential
Resale flats purchased with property. Periods of non-occupation such as
CPF Housing Grant subletting of whole flat or any infringement of
  the lease of the flat will be excluded from the MOP.
Design, Build and Sell  
Scheme (DBSS) flats purchased  
directly from the developer  
   
Replacement flats bought  
directly from HDB under the  
Selective En-Bloc Redevelopment  
Scheme (SERS)  
   
Resale flats purchased without  
the CPF Housing Grant (for  
resale applications submitted  
on or after 30 Aug 2010)  
   
Resale flats purchased without There is no need to satisfy the MOP before
the CPF Housing Grant (for acquiring private residential property.
resale applications submitted  
on or before 30 Aug 2010)  

Singapore Permanent Resident flat owners and/or essential family members who have met the MOP for their flat are required to notify HDB of their purchase of the local private residential property before they exercise the Option-To-Purchase for the property. They are also required to undertake to sell their HDB flat within 6 months of acquisition of a completed or uncompleted local private residential property.

Singapore Citizen flat owners and occupiers must continue to stay in their HDB flat after the purchase of the private residential property unless prior approval from HDB is obtained to sublet the whole flat.

Common Asked Questions On Purchasing & Investing In Private Properties

I have bought a private residential property. Can I sublet my HDB flat and live in my private property?

Flat owners must obtain prior approval from HDB to sublet their flats under the Subletting of Flat policy. Please refer to the rest of this chapter for the relevant conditions and minimum occupation period for your flat.

I have not fulfilled the minimum occupation period (“MOP”). I want to buy a private residential property that is under construction. By the time the property gets its temporary occupation permit, I would have fulfilled the minimum occupation period. Can I?

No.

You cannot invest in private residential property anytime during the MOP. This is regardless of whether the private property is completed or under construction.

I have not fulfilled the minimum occupation period (“MOP”). What are the types of private properties I can invest in?

If you have not fulfilled the MOP, you can only invest in:

You cannot invest in any type of property that is classified as residential or has residential accommodation.

Example: Mr. Tan has not fulfilled the minimum occupation period for his HDB flat. He wants to invest in a two-storey shop house. The first storey is a retail shop. The second storey is an apartment. He cannot invest because the property offers residential accommodation.

What happens if I buy or invest in private residential property without fulfilling the minimum occupation period?

HDB may repossess/reacquire your HDB flat. HDB may allow you to keep your flat if you sell off your private residential property and pay the penalty imposed by HDB. For more information, please approach the HDB Branch Office managing your flat.

Is it possible to claim just compensation from HDB for repossession/reacquisition of my HDB flat?

No. Just compensation is compensation provided to owners whose private real property has been seized by the Singapore government’s power of eminent domain under the Land Acquisition Act, which allows it to take property for public use (e.g. Selective En-bloc Redevelopment Scheme). It does not apply for repossession/re-acquisition due to tenant’s failure to fulfill HDB’s requirements under the minimum occupation period. The flat owner is returned only the amount he paid for the flat, with a further penalty imposed on this. For more information, please approach the HDB Branch Office managing your flat.

Bankruptcy and Sale of Property

Sale of flat by an undischarged bankrupt

A letter of consent from the Official Assignee (OA) is required for the sale of flat (for all flat types) by an undischarged bankrupt. The seller must obtain the letter of consent before granting an Option to Purchase to the buyers.

The OA administers the bankrupt’s affairs in the bankruptcy, Therefore, if a bankrupt person has fulfilled the minimum occupation period for his current flat and wants to sell the flat, he must seek the OA’s approval before selling the flat.

Sale of flat to an undischarged bankrupt

If you are selling an Executive flat (apartment/maisonette), a Housing and Urban Development Company (HUDC) flat or a Multi-Generations flat, and your intended buyer is an undischarged bankrupt, make sure that your buyer has obtained a letter of consent from the OA for the purchase.

You are advised to refer to the Insolvency & Public Trustee’s Office’s website 44 for more information.

Commonly Asked Questions On Bankruptcy And Sale Of Property

My wife and I are co-owners of a HDB flat and we intend to sell our flat in the open market. If I am an undischarged bankrupt but my wife is not, do we still need to obtain a Letter of Consent from the Official Assignee (“OA”)?

Yes. As long as one of the flat owners is an undischarged bankrupt, it is necessary to obtain a Letter of Consent from the OA for the sale of the flat (for all flat types). The seller must obtain the Letter of Consent before granting an Option to Purchase to the buyers.

I am bankrupt. Can I transfer the ownership of my flat to my family members?

Yes. However, before submitting your transfer application to HDB, you will need to obtain consent from the OA. Current and proposed owners who are undischarged bankrupts must always obtain the consent of the OA before submitting a transfer application to HDB. Please note that the transfer of flat ownership is subject to the proposed owners’ eligibility to take over the flat.

The OA’s consent is not required if a bankrupt flat owner wishes to sell his or her HDB flat which does not vest in the OA. This applies to bankrupt flat owners who belong to Singapore Citizen households.

Bankrupt flat owners of Singapore Permanent Resident Households must get the OA’s consent before they can sell their flat. The letter of consent must be obtained from the OA before the owners grant an Option to Purchase to the prospective buyers. 45

Appealing a HDB Decision

There is no process for appeal of an HDB decision.

You may write directly to the HDB to appeal your matter. You may also approach your Member of Parliament (“MP”) to appeal to the HDB on your behalf. To date, the law is not settled on whether you may apply for judicial review of a HDB decision, where the court will determine the legality of HDB’s decision.

Maintenance, Repairs, Leakages & Disputes in Strata Management Title

Maintenance Of Exterior Features

Section 9(1) of the Building Maintenance and Strata Management Act (Cap. 30C) makes it an offense for a person to fail to maintain a exterior feature by securely fixing it to the building to prevent its collapse, partly or wholly, without reasonable excuse, if he is responsible for the exterior feature.

The person responsible for maintenance of exterior features of the building is generally the owner of the premises or building which the exterior feature is on, or such other person who has charge and control of the management and maintenance of the exterior feature, unless: 46

HDB Flats

(a) Ceiling leaks

When ceiling leaks occur, you should contact the HDB. HDB will send someone to investigate the cause of the leak. To establish the cause, HDB will need to enter your flat and the flat above yours.

According to your Lease Agreement with HDB, you and the owner of the flat above are responsible for repairing the leak if the leak is caused by wear and tear of the waterproof membrane/screed in the floor slab. Both parties will need to:

You can contact HDB for a list of qualified contractors.

(b) Spalling concrete

Under the Lease Agreement, HDB flat owners are responsible for the maintenance of their flats’ internal condition. This includes the repairs of spalling concrete.

Commonly Asked Questions on Maintenance & Leakages

Who is responsible for inter-floor leaks?

If there is an inter-floor leak, you and your neighbour are required to jointly carry out an investigation to establish the cause of the leak and proceed with the repair works. You should also both resolve the cost of repair.

In cases like this, it is presumed that the leak has originated from the upper floor unit unless the owner can prove otherwise. Therefore, the owner of the upper floor unit cannot claim that the leak has not originated from a defect in his unit. He has to jointly investigate the cause with his lower-floor neighbour and proceed with any repairs required. 47

What maintenance is the developer/management corporation of my condominium responsible for?

According to Section 16 of the Building Maintenance and Strata Management Act (Cap. 30C), the developer must establish a maintenance fund to be used for day-to-day management and maintenance purposes, such as:

Purchasers contribute to the maintenance fund by monthly charges.

The developer/management corporation must also establish a “sinking fund” to provide for future capital needs, such as large-scale maintenance and improvements (e.g. painting of the common property, acquiring movable property, and renewing or replacing any fixtures on the common property). 51

The air conditioning in my newly-rented HDB flat is broken and the landlord refuses to fix it; can I make a claim against my landlord or agent? Alternatively, can I back out of the agreement?

You should consult the Tenancy Agreement that you signed prior to renting the flat. It should clearly outline your landlord’s responsibilities.

The common practice in most Agreements is that the tenant must inform the landlord of any repairs to be done or any damage/equipment malfunction within the first 14 days of moving in, after which, any minor repairs (up to a certain cost) will fall to the tenant. If these 14 days (or the stipulated grace period in your agreement) is not up, you may request your landlord to cover the cost of repairing the air conditioner.

Tenants are usually responsible for the periodic servicing of air-conditioners thereafter and for the costs of repairs (up to a certain cost).

Can I reduce my rent payment due to failure of the landlord to service the air conditioning?

No.

You cannot reduce your rent to offset the landlord’s failure of failing to meet the terms of the agreement. You can only take up a separate claim against him. Even so, most Tenancy Agreements state that the cost of periodically servicing air conditioning facilities should be borne by the tenant. Furthermore, any minor repairs (up to a certain cost) will fall to the tenant. You might thus not have a claim against the landlord at all. Please check your Tenancy Agreement.

What if I am not happy with a landlord’s repairs?

Prior to a tenant moving in, the landlord is required to provide a residential premises that is clean and in a good state of repair. A landlord must also maintain the property, carrying out repairs as necessary during the tenancy. If before moving in the repairs are not up to standard, you can either refuse to move in due to the landlord’s breach of contract and take action to recover your deposit at the Small Claims Tribunal or move in and complete the repairs yourself, then take legal action against the landlord for compensation by lodging a claim with the Small Claims Tribunal.

My tenant has breached the repair covenants for a commercial property. What can I do?

You should check the terms of your Tenancy Agreement to see if you are entitled to any compensation. Alternatively, provisions may be available to enable you to bring the lease to an end prematurely. You will need to first serve notice on the tenant specifying the breaches of the covenant to allow him an opportunity to remedy the breach first.

The landlord is claiming payment for “wear and tear” - am I liable to pay this amount?

Yes.

Lessees/tenants of upper and lower floor units share the responsibility of maintaining the party structures, including the floor/ceiling slabs. If the cause of the ceiling leakage is due to the wear and tear of the waterproof membrane/screed in the floor slab through usage over time, the upper and lower floor tenants sharing the use of the slab, are responsible to jointly arrange for the repair works and share the repair cost.

Referral of Disputes to the Strata Titles Boards

Unless otherwise provided by Building Maintenance and Strata Management Act (Cap. 30C) (the Act) or the Land Titles (Strata) Act (Cap. 158), the Strata Titles Boards (“STB”) shall determine by mediation-arbitration every matter with respect to which it has jurisdiction.

(a) Strata Titles Boards

The STB is a statutory body that is made up of a panel of members who are lawyers and experienced practitioners in the building industry. A board is constituted to hear each dispute. The decisions of the STB are final. After such a decision, an appeal can only be made to the High Court on a question of law.

(b) Types of disputes or orders requested Not all disputes can be referred to the STB. Only disputes listed in the Building Maintenance and Strata Management Act can be heard by the STB, including settling dispute on costs or repairs, or rectifying a complaint in respect of a defect in a lot, a subdivided building and the common property.

For matters that are outside the jurisdiction of the STB, the disputing parties can seek resolution from the courts.

You should consult the STB website 52 and the Act for the different types of orders you may apply for, and the parties who are entitled to apply for each type of order.

(c) Application procedure 53

You may make the application yourself and represent yourself, or you may engage a lawyer or ask someone (whom the Board must allow) to represent you. If you do not intend to engage a lawyer, you may nonetheless want to at least obtain legal advice first and consult the STB website 54 so that you proceed under the correct section and use the correct form.

To apply, you will need to lodge with the Registrar of the appropriate form and 4 copies thereof, together with the fee of $500. The approved forms can be downloaded from the STB website 55 or obtained from the URA Centre.

After submitting the application, the applicant must serve a copy of the application on the respondent(s).

(d) Documents to file with your application

When you file your application, you need only hand in the application fee, the original and 4 copies of the prescribed form together with such supportive documents as required. If your application is in order, the Registrar will issue directions to all relevant parties to proceed with the mediation and/or determination of the dispute or matter expeditiously.

(e) Timeline

Normally, a case will be heard within 4 to 6 weeks and has to be concluded within 6 months, unless the Minister approves an extension. Much depends on how prepared you are when you submit your application. For example, if you apply for an order that a neighbour on the upper floor carry out repairs to stop water leaking into your apartment, you may need a surveyor or other expert to visit the premises and give an opinion on the cause of and steps to be taken to rectify the problem. You may also need to have a contractor’s quotation ready to assist the panel in gauging how much it will cost you to repair the damage to your apartment caused by the leakage. If you are ready with this information, the Board will be able to hear your case earlier.

En-Bloc Sale

A collective sale (or more commonly termed en-bloc sale) is a combined sale by the owners of 2 or more property units to a common purchaser. 56

The most common en-bloc sale is the sale of all the units in a strata or flatted development to a purchaser. The sale proceeds are then divided amongst all the unit owners. 57 Other variations of en-bloc sales include the sale of all units in a development together with an adjoining development or landed properties. 58

Considerations In An En-Bloc Sale

1. Consent of a specified majority 59

An en-bloc sale of all the units in a strata or flatted development can take place only if there is agreement by both:

Specified majority 60

If a development is less than 10 years old: (Calculated from the date of the issue of the latest Temporary Occupation Permit (“TOP”), or the Certificate of Statutory Completion (“CSC”) if there is no TOP) The owners of at least 90% of the share values, share in land, or notional share in the land and not less than 90% of the total area of all lots (excluding the area of any accessory lot) or flats must agree.

If a development is 10 years old or more: The owners of at least 80% of the share values, share in land, or notional share in the land and not less than 80% of the total area of all lots (excluding the area of any accessory lot) or flats must agree.

Agreement must be made in writing to sell all the units and common property or land to a purchaser under a sale and purchase agreement (subject to an order of the STB).

You are advised to consult Part VA of the Land Titles (Strata) Act (Cap. 158) for further details.

2. Types of developments 61

The developments for which an application can be made for an order for en-bloc sale by majority agreement are:

* As there are no share values or shares in land assigned to flats in such developments, the owners of at least 25% of the total number of flats in the development must apply to the Registrar of Titles for notional shares in land to be assigned to their individual flats to facilitate calculation of the majority agreement. 66

3. Application procedure 67

Step 1: Pre-application

The duly-constituted collective sale committee must:

  1. Hold and conduct General Meetings pursuant to the Second Schedule of the Land Titles Act in relation to the en-bloc sale
  1. Appoint up to 3 owners from the collective sale committee to represent them in connection with the application 68.
  2. Obtain a valuation report for the whole development from an independent valuer as at the date of the close of the public tender or auction 69.
  3. Obtain a report by an independent valuer on the proposed method of distributing the sale proceeds 70.
  4. Advertise the particulars of the proposed application in the local newspapers, as approved by the Board, in the 4 official languages. 71 The advertisement must include: 72
  1. Prepare the application to be made to the Board. A copy of the application form may be downloaded from the STB website 73 or obtained from the URA Centre
  2. Serve a notice of the proposed application by registered post to all unit owners and to the mortgagee, chargee or other person (other than a lessee) with an estate or interest in the unit and whose interest is notified on the land register. 74 The notice must include a copy of: 75
  1. Affix a copy of the notice, in the 4 official languages, to a conspicuous part of each building in the development 76.
  2. The notice to be served by registered post shall be served on a party: 77

Step 2: Application

The application for en-bloc sale must be made using the approved form within 14 days of the publication of the advertisement. The application is to be made by way of a statutory declaration by the representatives appointed by the majority owners, stating that the relevant provisions of the Act have been complied with.

The application must include the following: 78

6 copies of all documents mentioned above are to be submitted to the office.

Step 3: Post-application

After submitting the application at the applicants must lodge a copy, in the approved form, for registration at the SLA. A copy of the forms can be downloaded from the SLA website 79.

4. Objections 80

A unit owner who has not agreed to the sale in writing, his mortgagee, chargee or other person with an estate or interest in the unit may, within 21 days of the date of the notice for en-bloc sale, file an objection in the prescribed form (1 original & 5 photocopies) with the STB. 81

The Board will, within 5 days of the filing of an objection, forward a copy of it by registered post to the representatives appointed by the majority owners and their lawyers, if any. 82

5. Board approval 83

The factors that the Board will take into account in its decision will depend on whether an objection has been filed against the application.

Where no objection has been filed against the application

The Board will approve the application unless, after going through the application, it is satisfied that the transaction is not entered into in good faith, after taking into account:

The Board will not approve an application if: 84

Where objections have been filed against the application 85

The Board will consider the objection and the same factors stated above, and may call for mediation.

The Board will not approve an application if it is satisfied that:

* A unit owner will be considered to suffer financial loss if the sale proceeds for his unit, after any deduction (such as stamp duty and legal fees paid on purchase of the unit, privatization costs and costs incurred in the collective sale) allowed by the Board, are less than what he paid for the unit.

* A unit owner will not be considered to suffer financial loss simply because:

6. Effects of an order by the Board 87

Owners of units and land 88

An order for en-bloc sale issued by the Board is binding on all the unit and land owners of the development (including their successors in title and assigns), their mortgagees, chargees and persons with an estate or interest in the units and land (including lessees).

Under such an order, all the unit owners must sell their units (together with the land) to the purchaser in accordance with the sale and purchase agreement. They must produce the certificates of title and relevant title deeds to the representatives appointed by the majority owners for the purpose of the sale.

Owners of land in an application under section 84E where the unit owners of a 850-year registered leasehold estate do not own a share in the land 89

Where the Board makes an order for the en-bloc sale of the units and the land, the owner of the land (or reversion) will be deemed to have transferred his estate and interest to the land to the purchaser upon the registration by the Registrar of titles of the transfers of all the units in the development and the Registrar of titles shall enter a notification of the vesting of the land in the purchaser on the land register.

Owners of a registered leasehold in an application under section 84FA where the unit owners own the registered leasehold tenure of at least 850 years or other tenure

Where the Board makes an order for the en-bloc sale of the units and the common property in the strata title plan, the unit owner in reversion of the leasehold estate will be deemed to have transferred his estate and interest in the unit to the purchaser upon the registration by the Registrar of Titles of the transfers of all the units in the strata title plan and the Registrar of Titles shall enter a notification of the vesting of the reversionary interest in the purchaser on the subsidiary strata land register. 90

Effect on leases of the units 91

A lease against any of the units (other than the lease held by the unit owner) shall, unless there is an earlier agreed date, determine on the date on which vacant possession is required to be given to the purchaser. The order does not prejudice the lessee’s right to any compensation from the unit owner. Unit owners or their lessees can apply to the Board to determine the amount of compensation payable.

Commonly Asked Questions on En-Bloc Sale

Can the majority owners apply to the board to appoint a third party to act for certain unit owners in the sale?

The representatives appointed by the majority owners may apply to the Board to appoint a person to deal with all matters pertaining to the sale of a flat where: 92

Who can appear in a hearing before the board?

Where a Board has appointed a date for hearing, it will, where necessary, give a notice of the hearing to all parties to the dispute or matter. 93

A party entitled to appear before the Board may appear in person or may be represented by his lawyer or such other person as the Board may allow. The representative may examine witnesses and address the Board on behalf of the party. 94

Divorce & Separation: Property Considerations

Divorce

If the couple has children: Under the HDB’s prevailing policy for divorce (not due to non-consummation of marriage or annulment or break-up of fiancé/fiancée relationship), a divorced party who has the custody of the child (including care and control) is allowed to retain the flat subject to the eligibility conditions. 95

If the couple has no children: If there are no children from the marriage, the divorced party (flat owner) may retain the flat under the Single Singapore Citizen (“SSC”) Scheme, provided that: 96

MOP required: If the matrimonial flat was bought directly from HDB (including resale flats bought with the CPF Housing Grant for Family), the 5-year minimum occupation period (“MOP”) must be satisfied before the divorced party is allowed to take over the flat under the SSC Scheme.

Alternatively, the divorced party may include another person to retain the flat, subject to the prevailing eligibility criteria and eligibility scheme regardless of the occupation period. 97

**Resale of flat in the open market: If the divorced owners wish to resell their flat in the open market, they must have completed the MOP for the flat at the date of divorce completion. If the divorce is within the MOP and none of the owners is eligible to retain the flat, the owners may have to return the flat to HDB, subject to HDB’s approval. The compensation for the return of flat will be determined by HDB. 98

Separation

A separated party who has legal custody of the child (including care and control) pursuant to a Court Order is allowed to retain the flat, subject to the eligibility conditions. If there are no children from the marriage, one party may include another person to retain the flat, subject to the prevailing eligibility criteria and eligibility scheme regardless of the occupation period. 99

If neither party from the separated couple is able to retain the flat, they will need to dispose of the flat. If they have completed the minimum occupation period (“MOP”), they can resell the flat in the open market. If they have not completed the MOP, they will have to return the flat to HDB at the prevailing compensation price, subject to HDB’s approval. 100

Commonly Asked Questions on Property Considerations in Divorce & Separation

Can I prevent my spouse from selling our matrimonial home?

If divorce proceedings have commenced and one spouse attempts to sell or dispose of property which rightly falls to be classified as matrimonial property with a view towards dissipating the assets so as to prevent the other from claiming a share, it is possible that the spouse with the potential claim can:

What factors affect the division of property in the event of divorce?

There are several factors that a Court will take into account for the division of matrimonial assets in the event of a divorce, including:

In the event of divorce, can I claim back 50% of the HDB sale proceeds?

The balance from the proceeds of sale is divided in the proportion decided by the court or as agreed between both parties. Prior to that, sale proceeds will first be used to pay off any outstanding mortgage loans for the flat and returning the amount both parties have contributed from their individual CPF accounts.

There are several factors that a Court will take into account for the division of matrimonial assets in the event of a divorce including:

How can I prove that I contributed to the purchase of my property?

You should check with your bank in order to provide the documentary proof that you paid for the purchase of the house or the installments paid in order to repay the loan (if any).

Can I sell our jointly-owned HDB flat after filing for a divorce?

No, the procedure of the division of the assets must be concluded, and if the matrimonial flat is bought directly from HDB (including resale flats bought with the CPF Housing Grant for Family), “the 5-year minimum occupation period (“MOP”) must be satisfied before the divorced party is allowed to take over the flat under the Single Singapore Citizen (“SSC”) Scheme. 101

Alternatively, the divorced party may include another person to retain the flat, subject to the prevailing eligibility criteria and eligibility scheme regardless of the occupation period. 102

If the divorced owners wish to resell their flat in the open market, they must have completed the MOP for the flat, as at the date of divorce completion. If the divorce is within the MOP and none of the owners is eligible to retain the flat, the owners may have to return the flat to HDB, subject to HDB’s approval. The compensation for the return of flat will be determined by HDB. 103

Can I get a proportion of the sale proceeds if the flat is sold prior to one of us filing for divorce?

If flat is under both names: you have a proprietary interest in the matrimonial property. If the flat is under your spouse’s name, you have a beneficial interest if the property is a matrimonial property.

If the flat has not yet been sold, you should lodge a caveat with the Land Title’s Registry to protect your interest. This puts any potential buyers on notice of your interest when they conduct a Land Titles Search. Additionally, either spouse may apply to the court under section 59 of the Women’s Charter to make an order stating each party’s proportional interest in the property.

If flat is under name of one spouse only: If the flat is under only one spouse’s name and you have not lodged a caveat to protect your interest in the matrimonial property, the danger is that if the property is sold before divorce proceedings are commenced, your spouse can squander away the proceeds. Once the sale has occurred, it will be much more difficult for you to obtain a portion of the proceeds. However, there are remedies such as tracing of assets, as well as asking a court to grant an injunction over the spousal assets, which prevents the spouse from dealing with the proceeds of sale in a manner affecting the other spouse’s entitlement to such proceeds.

Conversely, if a flat under only one spouse’s name has been sold, but the money has merely been put aside in that spouse’s bank account, once divorce proceedings are commenced, the proceeds of sale become pooled together with all other matrimonial assets that the court distributes between the parties when dealing with ancillary matters in the divorce proceedings. The court prefers to take a “global approach” by taking the total value of the pooled assets and making a distribution amongst the parties in a proportion it deems appropriate once all the financial and non-financial contributions by both parties have been assessed. Nevertheless, it is always best to protect your interests and prevent a situation that allows your spouse to siphon the proceeds fraudulently. It is advised that you request for the court to grant an injunction over the spousal assets.

Can I purchase my spouse’s share of property?

If parties can agree on one spouse purchasing the other spouse’s share of the property, an Agreed Matrimonial Property Plan is filed. 104 If parties cannot agree, yet one party wants to purchase the other spouse’s share of the property, both parties can file individual Proposed Matrimonial Property Plans. 105 These proposals will assist the Court in deciding how to divide the property. The Court may accept or reject the whole or any part of the Agreed or Proposed Matrimonial Property Plan(s). The Court may also impose such terms and conditions as it thinks fit when dividing the matrimonial assets as well as give such directions as may be necessary to give effect to the orders made. In making its decision, the Court will also consider a number of other factors including: the financial and non-financial contributions of the parties towards acquiring, improving or maintaining the HDB flat, the contributions made by each party to the welfare of the family, the needs of the children of the marriage, whether the husband or the wife has custody, care and control of the children.

In the end, the Court has to be satisfied that the agreement reflects an effective and fair resolution between the parties for the disposition of matrimonial property.

How can I ensure my children get my share of the HDB flat in the event of death or divorce of my spouse?

Death

Spouses typically hold the matrimonial property as joint-tenants.

The effect of this is that co-owners have an equal interest in the flat regardless of the individual owner’s contribution to buy the flat. A joint tenancy also contains a right of survivorship, which means that upon the death of a joint-tenant, his/her interest in the flat will automatically be passed to the remaining co-owner(s), regardless of whether the deceased joint-tenant has left behind a will. The result is that in the event of your death, your share in the property cannot be transferred to your children even if you have named them as beneficiaries in your will.

To ensure that your children will get your share of the HDB flat when you pass away, you can sever the joint-tenancy. Severance converts the form of co-ownership into a tenancy-in-common. Tenancy-in-common is a form of ownership where each co-owner holds a separate and definite share in the flat. However, all the co-owners are entitled to live in the whole flat regardless of their share in the property. The distinguishing feature is that there is no right of survivorship in a tenancy-in-common. The deceased’s interest in the flat does not pass on automatically to the remaining co-owner(s).

Upon the death of a tenant-in-common, the deceased’s interest in the flat will be distributed according to his will (if any) or according to the provisions of the Intestate Succession Act. Hence, if your children are named as beneficiaries in your will, they can inherit your share of the property.

You are advised to refer to Chapter 17.1 of this manual for more details on the severance of a joint-tenancy.

Divorce

Courts generally protect the child’s interest by allowing him/her to live in the same house or place of residence, therefore the divorced party who has the custody of the child (including care and control) is allowed to retain the flat subject to HDB’s eligibility conditions.

Am I eligible to purchase a HDB flat while separated?

No.

HDB has clear criteria determining who can purchase a HDB flat and under what Scheme. Additionally, you can only own one HDB flat at one time. One of the parties may retain the existing matrimonial HDB flat, but certain conditions must be met.

Under HDB’s prevailing policy, a separated party who has the custody of their child is allowed to retain the flat subject to the eligibility conditions. If there are no children from the marriage, one party may include another person to retain the flat, subject to the prevailing eligibility criteria and eligibility scheme regardless of the occupation period.

If neither party from the separated couple is able to retain the flat, disposal of the flat is required. If they have completed the minimum occupation period (“MOP”), they can resell the flat in the open market. If they have not completed the MOP, they would have to return the flat to HDB at the prevailing compensation price, subject to HDB’s approval.

  1. Housing & Development Board (“HDB”), HDB InfoWEB: Change Owners or Occupiers available at http://www.hdb.gov.sg/fi10/fi10326p.nsf/w/ChgOwnerEligCriteriaShareProportion, last accessed on 28 August 2014 ↩

  2. Singapore Land Authority (“SLA”), Tenants of state properties will save with rental rebates available at http://www.sla.gov.sg/htm/new/new2001/new0261.htm, last accessed on 28 August 2014 ↩

  3. Ibid ↩

  4. Ibid ↩

  5. HDB, HDB InfoWEB: Change Owners or Occupiers available at http://www.hdb.gov.sg/fi10/fi10326p.nsf/w/ChgOwnerEligCriteriaShareProportion, last accessed on 29 August 2014 ↩

  6. Ibid ↩

  7. Ibid ↩

  8. Ibid ↩

  9. Ibid ↩

  10. Residential Property Act Cap 274 (2009) s 2(1) ↩

  11. SLA, Foreign Ownership of Properties http://www.sla.gov.sg/htm/ser/ser0306.htm, last accessed on 29 August 2014 ↩

  12. Inland Revenue Authority of Singapore (“IRAS”), When Do I Have To Pay Stamp Duty available at http://www.iras.gov.sg/irashome/page.aspx?id=8998, last accessed on 29 August 2014 ↩

  13. IRAS, Penalties for Late or Insufficient Stamping available at http://www.iras.gov.sg/irasHome/page04.aspx?id=1810, last accessed on 29 August 2014 ↩

  14. MoneySENSE, About Home Loans – Key Questions to Ask the Bank Before Taking a Home Loan available at http://www.moneysense.gov.sg/~/Moneysense/Guides%20and%20Articles/Guides/HomeloanEng.pdf, last accessed on 29 August 2014 ↩

  15. Central Provident Fund (“CPF”) Board, Buying A House available at http://mycpf.cpf.gov.sg/CPF/my-cpf/buy-house/BH4.htm, last accessed on 29 August 2014 ↩

  16. HDB, HDB InfoWEB: Additional Info on FS available at http://www.hdb.gov.sg/fi10/fi10321p.nsf/w/BuyingNewFlatAdditionalInfoonFS?OpenDocument, last accessed on 29 August 2014 ↩

  17. IRAS, Pointers for Buyers of Private Residential Properties available at http://www.iras.gov.sg/irashome/page04.aspx?id=2954, last accessed on 29 August 2014 ↩

  18. See Singapore Academy of Law, 2011 Instructions for the Conveyancing Money Service; Conveyancing and Law of Property (Conveyancing) Rules 2011; Singapore Academy of Law (Conveyancing Money) Rules 2011 ↩

  19. IRAS, Exempt Supplies available at http://www.iras.gov.sg/irasHome/page04.aspx?id=2002#Sale\_and\_lease\_of\_residential\_properties, last accessed on 29 August 2014 ↩

  20. IRAS, Private Residential Properties available at http://www.iras.gov.sg/irashome/page04.aspx?id=2954, last accessed on 29 August 2014 ↩

  21. The Law Society of Singapore, Conditions of Sale 2012 available at http://www.lawsociety.org.sg/forMembers/ResourceCentre/ConditionsofSale2012.aspx, last accessed on 29 August 2014 ↩

  22. CPF Board, Buying A House available at http://mycpf.cpf.gov.sg/CPF/my-cpf/buy-house/BH4.htm, last accessed on 29 August 2014 ↩

  23. HDB, HDB InfoWEB: Eligibility Conditions for HDB Concessionary Loan available at http://www.hdb.gov.sg/fi10/fi10321p.nsf/w/HLHDBWho, last accessed on 29 August 2014 ↩

  24. HDB, HDB InfoWEB: Change Owners or Occupiers available at http://www.hdb.gov.sg/fi10/fi10326p.nsf/w/ChgOwnerEligCriteriaShareProportion, last accessed on 29 August 2014 ↩

  25. HDB, HDB InfoWEB: Guidelines for Renting Out the Whole Flat available at http://www.hdb.gov.sg/fi10/fi10323p.nsf/w/RentOpenMktRentOutWholeFlat, last accessed on 29 August 2014 ↩

  26. Immigration & Checkpoints Authority, iEnquiry available at https://ienquiry.ica.gov.sg/home.do, last accessed on 29 August 2014 ↩

  27. Ministry of Manpower, Employment Pass/S Pass Validity Check via Employment Pass Online available at https://eponline.mom.gov.sg/epol/PEPOLUAMT012DisplayAction.do, last accessed on 29 August 2014 ↩

  28. HDB, InfoWEB: Non-Citizen Subletting Quota for the Subletting of Flat available at http://www.hdb.gov.sg/subletting-quota, last accessed on 29 August 2014 ↩

  29. Singapore Budget 2014, Measures for Households available at http://www.singaporebudget.gov.sg/budget\_2014/Families1.aspx, last accessed on 29 August 2014 ↩

  30. HDB, MyHDBPage available at http://www.hdb.gov.sg/MyHDBPage, last accessed on 29 August 2014 ↩

  31. HDB, HDB InfoWEB: Guidelines for Renting Out Rooms available at http://www.hdb.gov.sg/fi10/fi10323p.nsf/w/RentOpenMktRentOutRoom, last accessed on 29 August 2014 ↩

  32. Immigration & Checkpoints Authority, iEnquiry available at https://ienquiry.ica.gov.sg/home.do, last accessed on 29 August 2014 ↩

  33. Ministry of Manpower, Employment Pass/S Pass Validity Check via Employment Pass Online available at https://eponline.mom.gov.sg/epol/PEPOLUAMT012DisplayAction.do, last accessed on 29 August 2014 ↩

  34. HDB, InfoWEB: Guidelines for Renting Out Rooms available at http://www.hdb.gov.sg/fi10/fi10323p.nsf/w/RentOpenMktRentOutRoom?OpenDocument, last accessed on 29 August 2014 ↩

  35. HDB, MyHDBPage available at http://www.hdb.gov.sg/MyHDBPage, last accessed on 29 August 2014 ↩

  36. Distress Act (Cap 84) s 8 ↩

  37. Supreme Court of Singapore, Frequently Asked Questions available at http://www.ifaq.gov.sg/supremecourt/apps/fcd\_faqmain.aspx, last accessed on 29 August 2014 ↩

  38. Distress Act (Cap 84) ss 16-17 ↩

  39. Ibid ↩

  40. Ibid ↩

  41. Ibid ↩

  42. Ibid ↩

  43. HDB, HDB InfoWEB: Purchase Private Properties available at http://www.hdb.gov.sg/fi10/fi10325p.nsf/w/PrivatePtyEligibility, last accessed on 29 August 2014 ↩

  44. http://www.ipto.gov.sg ↩

  45. HDB, HDB InfoWEB: Additional Requirements for Selected Cases available at http://www.hdb.gov.sg/fi10/fi10322p.nsf/w/SellFlatSpecificCasesEligibility, last accessed on 29 August 2014 ↩

  46. Building Maintenance and Strata Management Act (Cap 30C) s 2(1) ↩

  47. Building and Construction Authority (“BCA”), Strata Living in Singapore available at http://www.bca.gov.sg/BMSM/strata\_living.html, last accessed on 29 August 2014 ↩

  48. Building Maintenance and Strata Management Act (Cap 30C) s 16(2)(a) ↩

  49. Building Maintenance and Strata Management Act (Cap 30C) s 16(2)(b) ↩

  50. Building Maintenance and Strata Management Act (Cap 30C) s 16(2)(c) ↩

  51. Building Maintenance and Strata Management Act (Cap 30C) s 38; BCA, Strata Living in Singapore available at http://www.bca.gov.sg/BMSM/strata\_living.html, last accessed on 29 August 2014 ↩

  52. http://www.mnd.gov.sg/stb/cg1.html ↩

  53. Strata Titles Boards (“STB”), FAQ available at http://www.mnd.gov.sg/stb/faq.html, accessed on 29 August 2014 ↩

  54. http://www.mnd.gov.sg/stb/cg1.html ↩

  55. http://www.mnd.gov.sg/stb/forms.html ↩

  56. STB, An application for an order for en-bloc sale by majority consent under Part VA of the Land Titles (Strata) Act available at http://www.mnd.gov.sg/stb/typesofapplicationannex1.html, last accessed on 29 August 2014 ↩

  57. Ibid ↩

  58. Ibid ↩

  59. Ibid ↩

  60. Land Titles (Strata) Act (Cap 158) ss 84A(1), 84D(2), 84E(3), 84FA(2) ↩

  61. STB, An application for an order for en-bloc sale by majority consent under Part VA of the Land Titles (Strata) Act available at http://www.mnd.gov.sg/stb/typesofapplicationannex1.html, last accessed on 29 August 2014 ↩

  62. Land Titles (Strata) Act (Cap 158) s 84A ↩

  63. Land Titles (Strata) Act (Cap 158) s 84D ↩

  64. Land Titles (Strata) Act (Cap 158) s 84E ↩

  65. Land Titles (Strata) Act (Cap 158) s 84F ↩

  66. Land Titles (Strata) Act (Cap 158) s 84E(2) ↩

  67. STB, An application for an order for en-bloc sale by majority consent under Part VA of the Land Titles (Strata) Act available at http://www.mnd.gov.sg/stb/typesofapplicationannex1.html, last accessed on 29 August 2014 ↩

  68. Land Titles (Strata) Act (Cap.158) s 84A(2) ↩

  69. Land Titles (Strata) Act (Cap 158) First Sched, para 1(e)(v) ↩

  70. Land Titles (Strata) Act (Cap 158) First Sched, para 1(e)(vi) ↩

  71. Land Titles (Strata) Act (Cap 158) First Sched, para 1(d) ↩

  72. Land Titles (Strata) Act (Cap 158) First Sched, para 9 ↩

  73. http://www.mnd.gov.sg/stb/forms.html ↩

  74. Land Titles (Strata) Act (Cap 158) ss 84A(4), 84D(3), 84E(5) ↩

  75. Land Titles (Strata) Act (Cap 158) First Sched, para 1(e) ↩

  76. Ibid ↩

  77. Land Titles (Strata) Act (Cap 158) First Sched, para 1(f) ↩

  78. Land Titles (Strata) Act (Cap 158) s 84A(3); First Sched, para 4, para 6 ↩

  79. http://www.sla.gov.sg ↩

  80. STB, An application for an order for en-bloc sale by majority consent under Part VA of the Land Titles (Strata) Act available at http://www.mnd.gov.sg/stb/typesofapplicationannex1.html, accessed on 29 August 2014 ↩

  81. Land Titles (Strata) Act (Cap 158) ss 84A(4), 84D(3), 84E(5), 84FA(2) ↩

  82. Land Titles (Strata) Act (Cap 158) First Sched, para 5 ↩

  83. STB, An application for an order for en-bloc sale by majority consent under Part VA of the Land Titles (Strata) Act available at http://www.mnd.gov.sg/stb/typesofapplicationannex1.html, last accessed on 29 August 2014 ↩

  84. Land Titles (Strata) Act (Cap 158) ss 84A(9), 84D(7), 84FA(9) ↩

  85. Land Titles (Strata) Act (Cap 158) ss 84A(9), 84D(7), 84FA(9); Fourth Sched ↩

  86. Land Titles (Strata) Act (Cap 158) s 84A(8) ↩

  87. STB, An application for an order for en-bloc sale by majority consent under Part VA of the Land Titles (Strata) Act available at http://www.mnd.gov.sg/stb/typesofapplicationannex1.html, last accessed on 29 August 2014 ↩

  88. Land Titles (Strata) Act (Cap 158) s 84B ↩

  89. Land Titles (Strata) Act (Cap 158) s 84E(11) ↩

  90. Land Titles (Strata) Act (Cap 158) s 84FA(11) ↩

  91. Land Titles (Strata) Act (Cap 158) s 84B ↩

  92. Land Titles (Strata) Act (Cap 158) s 84C ↩

  93. STB, An application for an order for en-bloc sale by majority consent under Part VA of the Land Titles (Strata) Act available at http://www.mnd.gov.sg/stb/typesofapplicationannex1.html, last accessed on 29 August 2014 ↩

  94. Land Titles (Strata) Act (Cap 158) s 94 ↩

  95. HDB, Change Owners or Occupiers available at http://www.hdb.gov.sg/fi10/fi10326p.nsf/w/ChgOwnerDivorce, last accessed on 29 August 2014 ↩

  96. Ibid ↩

  97. Ibid ↩

  98. Ibid ↩

  99. Ibid ↩

  100. Ibid ↩

  101. Ibid ↩

  102. Ibid ↩

  103. Ibid ↩

  104. See Women’s Charter (Cap 353) s 9(1)(a) ↩

  105. See Women’s Charter (Cap 353) s 9(1)(b) ↩