Landlord & Tenant Law

What can the Landlord do if a Tenant holds over a Tenancy?
- Ans: Charge double rent
- Civil Law Act 1909
- No need to be in TA
Police don’t handle such disputes
- But tip: “they look like terrorist”
Privity of Contract
- is a close, direct, or successive relationship.
- the doctrine of privity of contract means that the parties are contracting parties and the privity of estate means there is tenure relationship between the 2 parties
Privity of Estate
- Can enforce tenant’s covenants
Min lease duration
- NO airbnb
- HDB 6m
- Private 3m
Not every lawyer is a litigator
- Many don’t have gift of the gab, can’t fight in court
Sublet clause necessary
- If not, tenant can sublet without consent
Diplomatic Clause
- 24m lease: 12m + 2m advanced notice (guaranteed)
- 12m lease: 6m + 1m
Remedies:
- Apply writ of distress
- Apply writ of possession
Right Of First Refusal
- Eg. Landlord to sell the house, tenant has the rights to buy, or not.

Lease Stamp Duty

0.4% x Average Annual Rent x min(4, lease duration)

5% on developer buying the land
Another 35% remittable upon condition:
- Sell ALL within 5 years of land purchase
Qualifying Certificate (QC)
- Imposed on foreign developers and listed company, excluding Sentosa Cove
- Completed within 5 years -> obtain TOP
- Then must sell ALL within next 2 years
  - Can extend up to 3 years with charges: 8/16/24% of land price
- Loophole: delist or sale to associate company
ABSD supersedes QC
- More punitive, no pro-rate

Commission for referral 0.15%
- Agency got cut
- Except existing client who are HNW
Packages
Rates
- Singapore InterBank Offered Rate (SIBOR)
- Swap Offer Rate (SOR)
- Singapore Overnight Rate Average (SORA)
- SIBOR and SOR are deprecated
Big 4 Bank
- DBS, UOB, OCBC, SCB
Since 9th Dec 2013 For EC Direct Purchase - 30% MSR
- EC Resale 55% TDSR
Exam can bring calculator
- No phone of course
- Casio FC 100V
- Estate Master 3400
- Or any calculator, memorize formula