Singapore Government
Link to Homepage
Home | About Us | Browse | Advanced Search | Results | My Preferences | FAQ | Help | PLUS
 
Contents  

Long Title

Part I PRELIMINARY

Part II SALES AND OTHER TRANSACTIONS

Contracts for sale

General words

Covenants for title

Execution of purchase deed

Part III LEASES

Forfeiture

Part IV MORTGAGES

Leases

Sale, insurance, receiver

Action respecting mortgage

Part V STATUTORY MORTGAGE

Part VA EASEMENTS

Part VI DEVOLUTION OF LAND ON DEATH

Part VII MARRIED WOMEN, ALIENS, CORPORATIONS

Part VIII MINORS

Part IX RENTCHARGES

Part X POWERS OF ATTORNEY

Part XI CONSTRUCTION AND EFFECT OF DEEDS AND OTHER INSTRUMENTS

Part XII POWERS

Part XIIA (Repealed)

Part XIII NOTICE

Part XIV ADOPTION OF ACT

Part XV MISCELLANEOUS

Part XVI PROCEDURE

THE SCHEDULE Forms relating to Statutory Mortgages

Legislative History

 
Slider
Left Corner
Print   Link to Viewed VersionLink to In-Force Version
 
On 20/11/2017, you requested the version in force on 20/11/2017 incorporating all amendments published on or before 20/11/2017. The closest version currently available is that of 10/06/2016.
Slider
Forfeiture
Restrictions on and relief against forfeiture of leases
18.
—(1)  A right of re-entry or forfeiture under any provision or stipulation in a lease, for a breach of any covenant or condition in a lease, shall not be enforceable, by action or otherwise, unless the lessor serves on the lessee a notice specifying the particular breach complained of and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and, in any case, requiring the lessee to make compensation in money for the breach, and the lessee fails, within a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the lessor, for the breach.
Application for relief
(2)  Where a lessor is proceeding, by action or otherwise to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor’s action (if any) or in any action brought by himself, apply to the court for relief.
Order thereon
(3)  The court may grant or refuse relief as the court, having regard to the proceedings and conduct of the parties under subsections (1) and (2) and to all the other circumstances, thinks fit.
Upon terms
(4)  In case of relief the court may grant it on such terms, (if any) as to costs, expenses, damages, compensation, penalty or otherwise, including the granting of an injunction to restrain any like breach in the future, as the court, in the circumstances of each case, thinks fit.
Costs incurred in employment of solicitor, etc.
(5)  A lessor shall be entitled to recover as a debt due to him from the lessee, and in addition to damages (if any) all reasonable costs and expenses properly incurred by the lessor in the employment of a solicitor and surveyor or valuer or otherwise in reference to any breach giving rise to a right of re-entry or forfeiture, which at the request of the lessee is waived by the lessor by writing under his hand, or from which the lessee is relieved under the provisions of this Act.
Power of court to protect under-lessees on forfeiture of superior leases
(6)  Where a lessor is proceeding by action or otherwise to enforce a right of re-entry or forfeiture under any covenant, proviso or stipulation in a lease, the court may, on application by any person claiming as under-lessee any estate or interest in the property comprised in the lease, or any part thereof, either in the lessor’s action (if any) or in any action brought by the person for that purpose, make an order vesting for the whole term of the lease or any lesser term the property comprised in the lease, or any part thereof, in any person entitled as under-lessee to any estate or interest in the property, upon such conditions as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, giving security or otherwise as the court, in the circumstances of each case, thinks fit; but in no case shall any such under-lessee be entitled to require a lease to be granted to him for any longer term than he had under his original sub-lease.
Interpretation of this section
(7)  For the purposes of this section —
(a)
a lease includes an original or derivative under-lease;
(b)
a lessee includes an original or derivative under-lessee, and the heirs, executors, administrators and assigns of a lessee;
(c)
a lessor includes an original or derivative under-lessor, and the heirs, executors, administrators and assigns of a lessor; and
(d)
a lease limited to continue as long only as the lessee abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach.
Application of this section
(8)  This section shall not extend to a covenant or condition against the assigning, under-letting, parting with the possession or disposing of the land leased; or to a condition for forfeiture on the bankruptcy of the lessee, or on the taking in execution of the lessee’s interest.
(9)  This section shall not affect the law relating to re-entry or forfeiture or relief in case of non-payment of rent.
(10)  This section shall apply to leases made before, on or after 1st August 1886, and shall have effect notwithstanding any stipulation to the contrary.
Relief against forfeiture by action for non-payment of rent.
18A.
—(1)  This section has effect where a lessor is proceeding by action to enforce against a lessee a right of re-entry or forfeiture in respect of any immovable property for non-payment of rent.
(2)  If, within the time prescribed by rules of court for acknowledging service of the writ by which the action was commenced, the lessee pays into court all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease.
(3)  If —
(a)
the action does not cease under subsection (2); and
(b)
the court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture,
the court shall order possession of the land to be given to the lessor at the expiration of such period, but not being less than 4 weeks from the date of the order, as the court thinks fit, unless within that period the lessee pays into court all the rent in arrear and such sum as the court shall direct on account of the costs of the action.
(4)  The court may extend the period specified under subsection (3) at any time before possession of the land is recovered in pursuance of the order under that subsection.
(5)  Subject to subsection (6), if —
(a)
within the period specified in the order; or
(b)
within that period as extended under subsection (4),
the lessee pays into court —
(i)
all the rent in arrear; and
(ii)
the sum directed to be paid on account of the costs of the action,
he shall hold the land according to the lease without any new lease.
(6)  Subsection (2) shall not apply where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent.
(7)  If the lessee does not —
(a)
within the period specified in the order; or
(b)
within that period as extended under subsection (4),
pay into court —
(i)
all the rent in arrear; and
(ii)
the sum directed to be paid on account of the costs of the action,
the order may be enforced and so long as the order remains unreversed the lessee shall be barred from all relief.
(8)  The extension under subsection (4) of a period fixed by the court shall not be treated as relief from which the lessee is barred by subsection (7) if he fails to pay into court all the rent in arrear and the sum directed to be paid on account of the costs of the action within that period.
(9)  Where the court extends a period under subsection (4) at a time when —
(a)
that period has expired; and
(b)
a writ of possession in respect of the property has been issued,
the court shall suspend the writ for the extended period, and if, before the expiration of the extended period, the lessee pays into court all the rent in arrear and the sum directed to be paid on account of the costs of the action, the court shall cancel the writ.
(10)  Nothing in this section shall be taken to affect —
(a)
the power of the court to enter final judgment in a case where the defendant fails to give notice of intention to defend; or
(b)
the power of the court to make any order which it would otherwise have power to make as respects a right of re-entry or forfeiture on any ground other than non-payment of rent.
[Cf. 4 George II c. 28 (Landlord and Tenant Act 1730)]
[County Courts Act 1984, s. 138]
[35/93]