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Peaceful Re-Entry in Singapore

In Singapore when a Tenant has defaulted on paying rent or has failed to complied with clauses in the tenancy agreement that are fundamental, it entitles the Landlord to terminate the tenancy agreement. When a tenancy agreement has been terminated Landlords are often found in a position where they would need to evict the tenants so that they can find new tenants for the property.

BEFORE RE-ENTRY

Under section 18 of the Conveyancing and Law of Property Act (CLPA), a right of re-entry under any provision or stipulation in a lease for a shall not be enforceable unless the landlord serves on the lessee requiring the lessee to remedy the breach and requiring the lessee to make compensation in money for the breach.

The notice must specify the particulars of the breach complained of and if the breach is capable of remedy, requiring the landlord to remedy the breach, and requiring the tenant to make compensation in money for the breach. The contents of such a notice should also include the landlord’s instructions to the tenant for a proper handing over, if there is a re-entry.

DURING RE-ENTRY

To prevent any dispute between parties for items left in the premises, and the condition of the premises at the time of re-entry, the landlord re-entering the premises should prepare an inventory list of the items left behind in the premises, as well as records of conditions of the premises at the time of re-entry.

If you engage our assistance, our team of lawyers will assist you in this process, you do not need to attend the re-entry process as it could take between 1 to 6 hours to conclude. The process will be well documented as well to prevent any allegations of theft / loss of possessions or even damage of possessions.

The landlord should also consider changing locks to the property immediately as there is a real risk that the tenants may not have returned all keys to the premises.

Under section 18 CLPA, the court may also grant relief as to costs, expenses, damages, compensation or penalty in the granting of an injunction to restrain any breach by the tenant in the future. In addition, the landlord may be entitled to recover all reasonable costs and expenses which arose in respect of the re-entry including legal fees.

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AFTER RE-ENTRY

A landlord has a general duty to mitigate the losses incurred by the tenant, for example, a landlord must find a replacement tenant as soon as possible after re-entry, at a reasonable rental price and not at a token or nominal rent. Further, the landlord should, proceed with reinstatement and repairs of the premises at a reasonable pricing as soon as possible and should try his best to mitigate any losses that he may suffer.

After all expenses, disbursements and costs incurred have been recorded and listed down, the landlord should return the remaining balance of the security deposit (if any) to the tenant within the time limit as provided for in tenancy agreement.  

You will also need to notify the tenant that they would have to remove their possessions from the property failing which the possessions will be disposed.

At Emerald Law we have lawyers who are specialised in handling  landlord and tenancy related matters in Singapore. Contact Us today to schedule a free consultation where we can advise you on your situation and provide you with solutions.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

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