RECOVERY OF POSSESSION
14. No order or judgment for the recovery of possession of any premises comprised in a tenancy shall be made or given except in the cases set out in this Part.
—(1) In the case of all premises such an order or judgment as is referred to in section 14 may be made in any of the following cases:
where at the date of the notice determining the tenancy given by the landlord rent lawfully due was in arrear for 21 days or upwards after notice of demand in writing had been served on the tenant and there was no tender thereof at or before that date and the court considers it reasonable that such an order or judgment be made or given;
where any obligation of the tenancy other than the payment of rent (whether under the contract of tenancy or under the provisions of this Act) so far as the obligation is consistent with the provisions of this Act, has been broken or not performed by the tenant and the court considers it reasonable that such an order or judgment be made or given;
where the landlord as a step towards increasing the rent in pursuance of section 7, has given the tenant a notice to quit, and the tenant holds over possession at the expiration of the notice without paying or agreeing to pay the increased rent;
where the tenant or any other person occupying the premises under him, has been guilty of conduct constituting a nuisance or persistent annoyance to persons in the same building; or of using or permitting the use of the premises for illegal or immoral purposes;
where the condition of the premises has in the opinion of the court deteriorated owing to the wrongful neglect or default of the tenant; or where the tenant has wrongfully caused or suffered to be caused substantial damage to the premises;
where the tenancy has been determined by notice to quit given by the tenant;
where the tenant having sublet the premises or part thereof receives in respect of that subletting, rents (excluding any municipal services paid by the tenant) for any sublet part of the premises in excess of the recoverable rent for that part, or rents which exceed in the aggregate 110% of the recoverable rent paid by the tenant himself including the apportioned rental or value of any part of the premises retained by the tenant or not sublet by him;
where the tenant or any other person occupying the premises under him has knowingly committed a breach of any written law regulating any business carried on upon the premises or of any provision of the Environmental Public Health Act [Cap. 95] or the Building Control Act [Cap. 29] or of any regulations made thereunder affecting the premises which exposes the landlord to any penalty, fine or forfeiture;
where the landlord of the premises reasonably requires them for occupation by himself or any member of his family or any person for whom he holds the premises in trust and the tenancy has been determined by not less than one year's notice to quit and there has been no change by purchase in the ownership of the premises within one year next preceding the date of the notice:
Provided that an order or judgment shall not be made or given on any ground specified in this paragraph if the court is satisfied that having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting an order or judgment than by refusing to grant it; and
in any other case where the court considers it reasonable that such an order or judgment be made or given and is satisfied that suitable alternative accommodation is available for the tenant or will be available for him when the order or judgment takes effect.
(2) For the purposes of subsection (1)(a) —
a notice of demand shall give the name and address of the person, whether he is the landlord or not, to whom the rent lawfully due may be tendered by the tenant and shall be deemed to have been served on the tenant if it has been addressed to the tenant at the premises of which he is the tenant and sent by prepaid registered post; and
rent shall be deemed to have been tendered if it has been sent by prepaid registered post to the person named in the notice of demand as the person to whom the rent lawfully due may be tendered at the address given in the notice.
(3) A landlord shall on the request, whether orally or in writing, of his tenant made to the landlord or his agent furnish in writing his business or residential address and any landlord who fails to comply with any such request shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.
16. In the case of any domestic premises such an order or judgment as is referred to in section 14 may without prejudice to section 15 be made in any of the following additional cases:
where the premises were let to the tenant by reason of his employment in the service of the landlord, and that employment has ceased;
where the landlord was personally in occupation of the premises and let them furnished for a term during his absence from Singapore, and has returned to Singapore and requires the premises for reoccupation by himself or any member of his family; and
where neither the tenant nor any member of his family is residing in the premises or any part thereof.
—(1) Where a landlord has obtained an order or judgment for the recovery of possession of premises on any of the grounds specified in section 15(1)(i) or 16(b) and it is subsequently made to appear to the court that the order or judgment was obtained by misrepresentation or concealment of material facts the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order or judgment.
18. In any application made under this Part the court may in its discretion order that in addition to or in substitution for any other order which the court may make either party shall comply with any conditions, including the execution of a money bond by either party in favour of any person which the court may think fit to impose for giving effect to the purposes of this Act.
19. In any application made under section 15(1)(e) or (h) the court may either in addition to or in substitution for any other order make an order providing that the tenant do pay compensation for all or any loss or damage caused to the landlord and may impose such other conditions as the court may think fit to prevent a recurrence of the neglect, default or breach complained of.
20. Where a tenant has the exclusive occupation of any separate accommodation and the terms on which he holds the separate accommodation include the use of other accommodation which is shared in common with any other person including the landlord then that separate accommodation shall be deemed to be let or sublet separately, and the separate and shared accommodation shall both be deemed for the purposes of this Act to be premises comprised in the tenancy.
21. Where the tenant of any premises has sublet any part thereof the tenant shall within 14 days after the subletting supply the landlord with a statement in writing of the subletting giving particulars of occupancy, including the name of the sub-tenant and the rent charged, and if without reasonable excuse he fails to do so or supplies a statement which is false in any material particular, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both:
Provided that it shall not be necessary to supply a statement of the subletting of any such part as aforesaid where the particulars to be given therein as to the rent and other conditions of the sub-tenancy would be the same as in the last statement supplied in accordance with the requirements of this section with respect to a previous subletting of that part.
—(1) Where the tenant of any premises to which this Act applies has sublet any part of those premises then the tenant or any sub-tenant of that or of any other part of the premises may at any time apply to the Board to apportion the rent of the whole premises as between the tenant and all the sub-tenants of any part or parts of the whole premises and to determine the rent of all or any one or more part or parts of the whole premises sublet to any and every subtenant thereof and the Board shall thereupon make such an apportionment and determination:
Provided that the total of the rents payable to the tenant by all the sub-tenants shall not in the aggregate exceed 110% of the rent of the whole premises after making an apportioned reduction in respect of any part of the premises retained by the tenant or not sublet by him.
(2) When any application is made to the Board under this section all sub-tenants of the tenant shall be deemed to be interested parties in the proceedings and shall be given an opportunity of being heard and of producing such evidence, oral or documentary, as appears relevant to the Board, and may, if the Board so directs, be joined as parties in the proceedings.
23. Where in any proceedings under this Part for the recovery of possession of any premises or any part thereof or for the ejectment of a tenant or sub-tenant therefrom it appears to the court that neither an apportionment of the rent as between the premises and any sublet part thereof nor a determination of the rent of the sublet part has previously been made by the Board or any court, the court may make such an apportionment or determination, whether or not an order or judgment is given in the proceedings for the recovery of possession or the ejectment of the tenant or sub-tenant.
25. Where the Board or any court has made any order under the provisions of this Act fixing the rent of any sublet part of any premises then if after the order the rent charged by the landlord for that sublet part is in excess of the rent so fixed, the landlord shall, unless he proves that he did not know and could not by reasonable enquiry have ascertained that the rent charged by him was so in excess as aforesaid or that the excess was solely due to an unintentional miscalculation, be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
—(1) Where any order or judgment for the recovery of possession has been obtained against any tenant of premises, the order or judgment shall not be enforceable against any sub-tenant of the tenant unless the court is satisfied that the tenant was prohibited by the terms of his tenancy from subletting or that the sub-tenant has used the premises for illegal or immoral purposes. Every order or judgment for possession made against any tenant shall declare whether it shall be enforceable against any sub-tenant or not.
(2) Any sub-tenant against whom the order or judgment is not enforceable shall, if he remains in possession after notice of the order or judgment has been served on him, cease to be a sub-tenant of the tenant and become a statutory tenant of the landlord in respect of the premises comprised in his sub-tenancy.