Our publications Our Videos Our ArticlesCorporate Law, Dispute Resolution, TenancyKey Terms in a Tenancy AgreementWe routinely and sometimes unthinkingly sign off on tenancy agreements, whether we are landlords or tenants. This may be a huge mistake because some terms are very important or may have so many repercussions if things go wrong. Do look out for the following seven key terms in all tenancy agreements you sign off on. Better still, approach Lions Chambers LLC for all your tenancy needs – whether it’s drafting tenancy agreements, reviewing tenancy agreements, negotiating on your behalf or when you’re faced with a tenancy dispute. These are the clauses we discuss in this article: Option to Renew Termination Notice of Re-entry/Notice to Quit Quiet Enjoyment Repair Reinstatement Yielding Up Option to Renew An Option to Renew Clause typically states whether the Tenant can renew the tenancy for an additional term/tenure. This clause normally provides for a notice of renewal to be made within a certain number of days before the expiry of the current term, provided there are no preceding breaches of the tenancy. The crucial things to look out for are the new rate of rental and the terms upon which such renewal is granted. Many such clauses are drafted in an open-ended manner, for example, “…to be renewed for a further two years at a rate to be mutually agreed…”. Such clauses do not give either the Landlord or Tenant any certainty. All it really amounts to then is just a promise to consider renewal. Sometimes, such clauses offer a degree of specificity. Examples of this include a maximum limit for the new rent – “at a rate of not more than 20% above the current rate”. Also common in tenancy agreements is “prevailing market rate”. If you have entered into a tenancy agreement with “prevailing market rate” as the rate for renewed terms of rental, do take note that the Courts allow landlords quite a lot of room to decide what the prevailing market rate is. Termination Tenancies are usually for fixed terms – typically one, two or three years. Nevertheless, there are occasions when the tenancy has to be terminated early. If it’s by amicable and mutual agreement between the Landlord and Tenant, such early terminations are smooth affairs. This mutual agreement may be anticipated in the contract itself: If the Landlord is considering redevelopment of the property or anticipates an en bloc sale, an acquisition by the government or a sale, he may include terms within the tenancy agreement to reserve his rights to terminate the agreement early for specified reasons and include a notice period for early termination. Another common clause allowing for premature termination is found in residential tenancies where the Tenant is an expatriate employee. Such clauses are called ‘diplomatic’ clauses. They allow the expatriate tenant to terminate the tenancy early if he or she is deported from the country, transferred overseas, or has left his employers. If the Landlord is in breach of the agreement and unilaterally terminates the tenancy prematurely, the difference in rent which the Tenant must pay for securing alternative premises and related costs, agency fees, etc., may be claimed in court. If the Tenant is in breach of the agreement and unilaterally terminates the tenancy prematurely, the security deposit is forfeited, and damages for rental for the full term may be claimed from the Tenant by the Landlord, provided the Landlord mitigates his loss by, for example, undertaking reasonable efforts to secure a replacement tenant. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Notice of Re-entry/Notice to Quit Many tenancies allow the Landlord to re-enter the premises upon breach by the Tenant. Such re-entry or formal notice to quit automatically terminates the tenancy. The Landlord may then claim for further losses (for example, for damage to the property and reinstatement) after gaining re-entry to the premises. Quiet Enjoyment By paying rent, the Tenant earns the right to the quiet enjoyment of the property without undue disturbance or nuisance. This is seldom a problem in commercial premises or residential premises. However, when the property in question is ‘mixed use’, i.e. residential-commercial or residential-retail, problems may crop up. Residential tenants need their peace and quiet. Commercial or retail establishments, however, may require a bit more ‘noise’ to create the right atmosphere to optimize commercial performance. Do approach Lions Chambers LLC if you are ever faced with any tenancy issues relating to quiet enjoyment. We have acted for both landlords and tenants in tenancy disputes and know exactly how to negotiate and resolve the matter effectively and without burning a hole in your pockets. Repair The basic rule here is that if the Landlord wants the Tenant to foot the bills for certain items, he should make sure it is included in the tenancy agreement. In commercial tenancies, the Tenant is usually responsible for the maintenance and repair of the premises (except for fair wear and tear, which the Landlord should pay for). The Landlord is usually responsible for the maintenance and repair of common property. In residential tenancies, we have seen many different ways of apportioning responsibility for repair and maintenance. One common method is to separate small items from big items. You could, if you’re a landlord, make the tenant pay for all repairs and maintenance below S$X for any one item while choosing to pay for all repairs and maintenance for any one item which cost above S$X. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Reinstatement Typical tenancy agreements include a clause making the Tenant responsible for reinstating the premises to its original condition before handing the premises over to the Landlord upon expiry of the lease. Whether you’re a landlord or a tenant, please make sure that the agreement provides sufficient time for the Tenant to perform reinstatement works. If the reinstatement works are not complete at the time of handing over, the clause in question may allow the Landlord to undertake the reinstatement at his own expense and claim the same from the Tenant. On some rare occasions, the Landlord may waive such reinstatement because the Tenant has already undertaken extensive renovations, which may have enhanced the possible rental yield of the property. Sometimes, the new, incoming Tenant may not require such reinstatement and may accept the premises in their original condition. Yielding Up Almost all tenancy agreements contain an express term stipulating that the Tenant must yield up possession of the premises at the expiry of the term in its original condition. Even when such terms are absent from the agreement, they are implied at law. The Tenant must vacate the property and ensure any sub-tenants or occupiers also vacate the property. This implied term extends to anything that has become part of the property like improvement works by the Tenant, fixtures and fittings. How can we help you Blindly signing a Tenancy Agreement may be the worst decision you can make. We understand that figuring out your rights and obligations may be hard. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Singapore’s Contract Law. We will be able to guide you through your contract and clarify any issue for you. If you are having any concerns on whether you can breach or have potentially breached your contract or agreement, do reach out to us. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Bankruptcy, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, UncategorizedIs Someone Throwing Dirt on Your Name? How to Deal with Defamation?Being the target of spiteful comments on the media is hurtful and infuriating. The spotlight is on you, and your reputation is on the line. It’s especially frightening and harmful if what’s said about you is untrue. There are laws in Singapore that protect you from such disrespect. But first, how does the law define defamation? Defamation is classified as a criminal offence under Section 499 of the Penal Code; it is codified as “words either spoken or intended to be read, or by signs, or by visible representations, or any imputation concerning any person, intending to harm… is said to defame that person.” In other words, it is the action of ruining the good reputation of a person, company, product or nation. Defamation also includes libel (written words) and slander (spoken words). Both libel and slander give the victim the right to hire a lawyer and sue. The Checklist In order to sue for defamation, three conditions that must be satisfied. The statement in question must be false and defamatory. A statement is defamatory if it lowers the victim’s reputation and causes his social suffering (e.g. causes the victim to be ostracised, ridiculed or scorned). Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The statement in question must refer to the victim by name or picture. If the victim can be unmistakably identified in the libellous/slandering statement, this constitutes a tort of defamation. The statement in question must be published or communicated to a third party. To show supporting evidence that the statement has been publically read, shared and/or circulating, the victim might view the audience size in a viewer counter. This is an important number to present to the Court because audience size helps to quantify the damages. Thus the larger the audience, the greater the damage. Aside from the mode and extent of publication of the defamatory statements, the Court also factors in the nature of the defamation, the standing and conduct of the parties, and the effect of the defamation on the plaintiff. What if the person who defamed you is a Singaporean but did so while abroad? The victim may apply legal action even if the publishing of defamatory claims occur outside of Singapore. An example case in which this happened was in Low Tuck Kwong v Sukamto Sia (2012) SCHC 233. Although the principal events surrounding the defamation and falsehood action occurred in Indonesia, the plaintiff brought the action to Singapore, where both parties are residents. What if the person who defames you is not a Singapore citizen and does not live in Singapore? Can you still sue? No. Lee Kuan Yew set the record for the largest number of defamation suits in Singapore. He’s sued and won 21 cases in Singapore Courts. In 1999, in Lee v Globe and Mail, Nair, Lee filed a lawsuit against a Canadian newspaper over statements made by former president Devan Nair. The Canadian Court dismissed Lee’s court application. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Defence The defence can claim that the defamatory remark was unintentional and that it was published “innocently in relation to that other person.” In order to justify what is perceived as a defamatory statement and defend it as fair comment, the statement maker must prove that the statement was: An expression of an opinion The opinion was of a relatively unbiased person Based on true facts; and Related to a matter of public interest The statement maker may make an “Offer of Amends.” In doing so, the statement maker must have proof that his defamatory statement was made innocently and a public apology that also informs the recipients of the statement that its contents were defamatory. If the offer is accepted by the party aggrieved and duly performed, the statement maker will no longer have to go to Court to settle a lawsuit. On the other hand, if the offer is not accepted, the statement maker must go to Court to prove the statement of question were published innocently and that the offer was made as soon as practicable after the defendant received notice that they were or might be insulting/defamatory. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now If the statement is not defamatory but has very damaging effects, the victim may still have grounds to sue the person who published the statement under the tort of malicious falsehood. For example, if a blogger rumoured that Coca Cola the soda company, was the sole cause for his family members’ deaths, though the comment is false, it may cause the profit of the company to take a nosedive. In which case, Coca Cola may sue the person who posted the lie. How much is Your Reputation Worth? The Court may award monetary damages and/or an injunction against the statement maker. Monetary damages are awarded to ease the distress suffered by the victim. The Court awards money to ease the stress and patch up the reputation of the plaintiff. In doing so, the Court will take into account the gravity of the statement, the effect of the statement, and the quantifying damage of the publication. The Court may also instate an injunction. There are two types: prohibitory and interlocutory. Prohibitory injunctions are granted to stop the publishing of future defamatory statements. Interlocutory injunctions force the statement maker to retract the statement. How can we help you Defamation in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in defamation laws in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Bankruptcy, Conveyancing, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Employment Law, Law Suit, Tenancy, WillsContract Law – MisrepresentationLeading up to the signing of any contract, many things are said or written about the transaction or deal in question. The verbal or written statements which induce a party to enter a contract are known as ‘representations’. Some representations become formal terms or conditions of the contract. The representations which do not become terms or conditions are known as ‘mere representations’. A mere representation that turns out to be false becomes a misrepresentation in law. If it is successfully proven in a court of law that misrepresentation has occurred, the party which has been lied to obtains rights against the party which made the misrepresentation. The law also deems that the contract in question may be voidable. The law of misrepresentation assists parties who relied on a false pre-contractual statement to their detriment to receive their dues in court – otherwise, they will not be able to sue for breach of contract (because the representation was not a formal term of the contract in. the first place). When do Statements Become Terms, and When do they Become Mere Representations? The courts have developed principles over the years to assist them in determining whether a statement is a term or a representation. These include, but are not limited to, the following: Statements written into the contract If a statement was not included in the contract, the statement is more likely to be a mere representation. Requests to verify statements If a party makes a statement and asks the other party to verify or confirm the accuracy or veracity of that statement, then the statement is more likely to be considered a mere representation. Long time elapsed If a long time has elapsed between the time of the making of the statement and the time of entering into a contract, then the statement is more likely to be a mere representation. Knowledge of the parties If the party which made the statement has more knowledge, skill or expertise than the other party, then the statement is more likely to be considered a term of the contract. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Essential Elements of Misrepresentation in Law There are two main elements for a representation to become misrepresentation, as follows: The misrepresentation must be a statement of fact The other party was induced by the statement to enter into the contract. Let’s discuss these in turn The Misrepresentation Must be a Statement of Fact A statement can be considered a misrepresentation only if it pertains to a fact. The following are generally not considered statements of facts in law: a statement of opinion, a statement of future intention, or a statement of law. Do also take note that mere ‘puffs’ are not considered statements of facts. ‘Puffs’ may generally be described as statements made before a contract is formed but which are not to be taken seriously at all. They have no legal effect whatsoever. Examples of puffs are marketing and advertising statements like ‘You’ll read the best articles on this website. The Other Party was Induced by the Statement to Enter into the Contract A party trying to prove misrepresentation must show that they were induced to enter into the contract by the misrepresentation. They must have relied on the misrepresentation to their own eventual detriment. The courts acknowledge that the misrepresentation/s in question need not be the only reason or inducement for the wronged party to enter into the contract. It only needs to be important enough or material enough. Do take note, however, that not all false statements will be considered misrepresentations. In certain circumstances, the false statement will not be deemed a misrepresentation despite its falsity because it cannot be said that there was an inducement at all. For example, the wronged party may have known all along that the statement was false, or the wronged party was not aware at all of the statement in question, or the wronged party simply was not persuaded at all by the statement in question and did not rely on it. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Types of Misrepresentation There are three main types of misrepresentation recognized in law. These are: Innocent Misrepresentation Negligent Misrepresentation Fraudulent Misrepresentation We shall now discuss each type of misrepresentation. Innocent Misrepresentation Innocent misrepresentation refers to the situation where the maker of the false statement did not know of its falsity when making the statement, had no intention to lie and had good reason to believe the statement was, in fact, true. Nevertheless, the wronged party relied on the false statement to its detriment, and the innocent maker of the statement may still be liable. Negligent Misrepresentation Negligent misrepresentation is governed by the Misrepresentation Act. Section 2(1) of the Act mandates that even if a misrepresentation was not made fraudulently, the maker of the statement is still liable under fraudulent misrepresentation unless the maker of the statement can prove that he or she had reasonable ground to believe that the misrepresentation was actually true and that he or she did actually believe that it was true. If the maker of the statement cannot prove these two things, he is said to have made a negligent misrepresentation. Fraudulent Misrepresentation This refers to the situation where the maker of the statement was deliberately dishonest. The law has consistently upheld that fraudulent misrepresentation occurs when the maker of the statement makes the statement knowingly, without belief in its truth, or in such a way that he or she was recklessly careless whether it was true or false. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Remedies for Misrepresentation Whether it’s a finding of innocent, negligent or fraudulent misrepresentation which has been established in court, the law mandates that the contract may be declared voidable and that the innocent party has the option to rescind the contract ab initio (or cancel the contract from its very inception as if the contract had never been made in the first place). For innocent misrepresentation, the innocent party may not claim damages but has the option of rescinding the contract. The court may order damages to be paid only in lieu of rescission. For negligent misrepresentation, the innocent party may claim damages under section 2(1) of the Misrepresentation Act and ask for the contract to be rescinded ab initio. For fraudulent misrepresentation, the innocent party may claim damages and rescission ab initio in common law. Do take note that there is a possibility that the innocent party may claim for personal restitution of whatever ‘enrichment’ the wrongful party may have received as a result of his or her misrepresentation. Although this remedy is available for all three types of misrepresentation, it is typically not used for cases of fraudulent and negligent misrepresentation because the common law and the Misrepresentation Act already afford the innocent party the right to claim for both damages and rescission. If used at all, such a claim for restitution would be made by the wronged party in an innocent misrepresentation case. Conclusion The law of misrepresentation, when applied to contracts, serves an important function. In many cases, innocent parties are induced by misrepresentations to enter into contracts. Such misrepresentations are not formal terms. Therefore, the innocent parties cannot sue for breach of contract. This is where the law of misrepresentation steps in to afford some recourse to wronged parties. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Corporate Law, Dispute Resolution, Law Suit, TenancyHandover Of Premises, What Should You Do?A handover of premises typically happens at the end of the lease period or by mutual agreement with the landlord. Most tenancy agreements include a cursory clause with regard to the handover of premises at the end of the lease but do not explicitly state the conditions in which the landlord expects the premises to be in. Resultingly, this has been a source of litigation over the years. This article will lay out how tenants should protect themselves so as to safeguard themselves and their security deposits when handing over the premises. Check the Clauses in the Tenancy Agreement The key to a smooth handover is good preparation! Tenants should look over their original inventory or schedule of conditions and aim to restore the premises to said state. Tenants are generally not under any obligation to ‘improve’ the property; most handover clauses also provide that the property can be expected to suffer from reasonable wear and tear, which tenants will not need to rectify. Fair Wear & Tear or Repair? Most disputes arise due to the state in which the premises is in. It is therefore advisable that tenants do a deep clean of the home before handing over the property so that they are not hit by a professional cleaning bill of onerous amounts by their landlords later down the road. Any fixtures provided by the landlord should also be returned in good working condition, given that they were handed over to the tenant in a similar state. Tenants should also make minor repairs where possible as they may be later on be billed for a pricey repair job by a fussy landlord. Many tenants and landlords also differ on what constitutes “reasonable wear and tear”, and making fixes wherever possible can go a long way in helping to avoid a situation where your landlord accuses you of not properly taking care of the rental property. Tenants should also make sure to leave the property completely empty of whatever personal belongings that may belong to them. Even if you might think it can come in handy to the next tenant, errant landlords looking to make a quick buck can charge exorbitant disposal fees to a well-meaning tenant. It is therefore important to make sure that any personal belongings have been removed from the premises. Joint Inspection of the Premise It is also advisable for tenants to arrange for a joint inspection with their landlord approximately two weeks before the contractual move-out date. Tenants should ask their landlord to point out any damages they see so that they have a chance to rectify them before the move-out date. This will allow tenants to minimise the chances of any security deposit deductions due to pricey repair costs arranged for by their landlords. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Handing Over the Premise On moving-out day, a good precaution for tenants to take is documenting the state of the premises. Take photographs and videos of the property so that should any damage happen after you move out, your landlord cannot accuse you of inflicting said damage. Tenants should also schedule a walkthrough with their landlords. Inspect the premises with your landlord, referencing the original inventory and schedule of conditions. After which, tenants should always ask for a written and signed confirmation from their landlord to confirm that everything is in order and that the premises were handed over in good condition. After doing the walkthrough, tenants and landlords should agree on deductions, if any, to be made from the security deposit. Deduction from the Security Deposit If there are any discrepancies between you and your landlord during the handover that results in unwarranted deductions from the security deposits, you can ask your landlord to prove his grounds for doing so. Ask the landlord to substantiate his decision. If he refuses to do so, consider sending a letter of demand. How We Can Help You If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Corporate Law, Debt Recovery, Dispute Resolution, TenancyEnforcing A Verbal Agreement in SingaporeThe law dictates that when parties have already put the terms and conditions of the contract down in writing, they should be able to rely on and be protected by the written contract. Some verbal remark, often forgotten or given contradictory interpretations by parties, should not be allowed to detract from commercial certainty. Nevertheless, there are two main exceptions – when the term or promise was mistakenly left out of the contract and when the term or promise was intended to be part of the contract but was somehow left out of it. The law upholds verbal terms and promises in these two categories as long as the promise or term is clear and certain (not vague). If the Verbal Term or Promise was Mistakenly Left Out of the Contract In two situations, the courts will ‘rectify’ the written contract by inserting the verbal term or promise into the contract: One party mistakenly thought that the written contract accurately recorded the agreement, and the other party knew that the first party was mistaken but did not correct you. Both parties mistakenly thought that the written contract accurately recorded the agreement, provided three things are proved to the satisfaction of the courts: Both parties intended the verbal term or promise to be part of the contract; This intention was communicated to each other; and By mistake, the document did not capture this shared intention. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now If the Verbal Term or Promise was Part of the Agreement but was not Recorded in the contract For such verbal promises or terms to be considered part of the contract, it is crucial that the agreement does not have a clause which states that all terms of the agreement are in that document. This type of clause typically reads as follows: “This Contract sets forth the entire agreement and understanding between the Parties.” It is also important to prove that both parties did not intend the written contract to contain all the terms of the agreement. For example, if the written contract talks only about the supply of the number of goods but leaves out the quality of the goods, it may be reasonably argued that the verbal promise or term in respect of quality was part of the agreement even though it was not written down. Practical Tips and Reminders Ensure that you capture all verbal communications in writing. This is most effectively done by an email to the other party where you repeat and confirm all communications, promises and agreed terms. Ensure that all your written agreements are drafted, or at the very least, reviewed by a lawyer. If you have exchanged drafts of the contract with the other party and have made amendments, it is more difficult to prove that a verbal term or promise was part of the contract. Communications between parties before the contract was signed can be crucial to prove a certain interpretation of terms and the absence of terms that were intended to be included in the written contract. How can we help you Contracts or Agreements may be too technical for you to fully understand alone. We understand that figuring out your rights and obligations may be hard. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Singapore’s Contract Law. We will be able to guide you through your contract and clarify any issue for you. If you are having any concerns on whether you can breach or have potentially breached your contract or agreement, do reach out to us. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Bankruptcy, Debt Recovery, Dispute ResolutionLending Money To Friends & RelativesTurning to a friend or family member for help is common in times of financial woe and hardship. But what is next after generally extending a loan with an IOU recorded? What are the procedures of recovering the debt and interest in accordance with the law? A quick summary below will explain. What is Moneylending? What is a Moneylending Business? A moneylending business or a moneylender is defined by Sections 2 and 3 of the Moneylenders Act (Cap. 188) as any person or company that lends money to others in expectation of a larger sum to be repaid by the debtor. People who lend money to their friends and family will not fall under the definition of a moneylender if they do not carry out a money lending business. A person running a moneylending business can be distinguished by: Keeping records of loans made and repayments received for a period of time; Habitually loaning sums of money to people freely and in expectation of a larger sum in repayment; and/or Other records and/or patterns of conduct that show a person or company is making a business out of moneylending. Is There A Need to Have A Licence for Loaning Money? According to the Moneylenders Act (Cap. 188) (the “Moneylenders Act”), unlicensed moneylending businesses are prohibited. You will not require a licence if: You are an “excluded moneylender” per Section 2 of the Moneylenders Act; or You are an “exempt moneylender” per Section 35 of the Moneylenders Act. Personal loans to and from friends and family are allowed so long as such personal loans do not fall into the definition of “money lending” or “moneylending business” as defined in the Moneylenders Act. Can I Charge Interest? Yes – if there is no evidence of you carrying on a moneylending business within the definition of the Moneylenders Act, you can charge interest on a loan to friends and family without being a licensed moneylender. Please note that persons who charge interest on a loan are automatically presumed to be moneylenders for the purposes of the Moneylenders Act under Section 3 of the Moneylenders Act, which reads as follows: “Any person, …, who lends a sum of money in consideration of a larger sum being repaid shall be presumed, until the contrary is proved, to be a moneylender.” This presumption can be rebutted with evidence that you are not carrying on a money lending business. Calculating The Interest Charged 4% is the current maximum permissible interest rate for licensed moneylenders, as stipulated under Rule 11 of the Moneylenders Rules 2009. However, this restriction is not applied to personal loans to friends and families outside of any moneylending business. For the avoidance of doubt as a lender and to avoid legal complications (if any), a clause on the interest rate is drafted in this form: “______% interest rate or the maximum rate as allowed by law at this date of drafting”. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Are IOUs Considered Legal? The answer is yes. An IOU is a written agreement between you and the debtor that records the terms of the loan and repayment. If the debtor fails to pay, you may claim that the debtor has breached the agreement. Do speak to a lawyer about the legal options open to you if you are in this situation. Is an IOU a Promissory Note? No, they are different. An IOU is a simple agreement that states the terms of a loan. On the other hand, under the Bills of Exchange Act (Cap. 23), promissory notes are governed by more formal requirements. Should you wish to know if a promissory note is more appropriate for your situation, please contact a lawyer to ask. What is Collateral or Holding Security? Security could be valuables and/or property belonging to the debtor that you would be entitled to hold on to if the debtor defaults on repayment. Typically, if a loan to a friend or family member is for a large sum of money, it is advisable to include security or collateral for the loan in the IOU. Any security would serve as protection for yourself because this secured property can be used as repayment of the loan should your friend fail to repay you and become bankrupt. It is advisable to seek legal advice should you wish to take security for a loan due to the complexity of the laws pertaining to securities. Registration is also required for securities. Please speak to a lawyer on how you may protect yourself before extending any loans. What Is A Guarantor? A guarantor is a third party who is involved in your loan agreement and/or IOU. A guarantor helps to guarantee a loan – this means that in the event that the debtor defaults, the guarantor will be the one who has to repay the creditor. In order for a guarantee to be enforceable, the guarantee will have to be in writing and signed off by the guarantor in the presence of all parties involved in the loan. There must also be a witness present, and he or she must also sign the loan agreement and/or IOU. Who are Debt Collectors? Debt collectors are typically companies that can be engaged to go to your debtor and recover a debt for you. Before a debt collector can proceed to pursue a claim on your behalf, they are likely to require proof of the debt. Fees for engaging a debt collector can vary depending on the company or individual. Please always check before engaging a debt collector – some will take a cut of the recovered sum plus an upfront fee. Despite there being no law that specifically regulates the activities or methods used by debt collectors, debt collectors must abide by all existing laws. No violence, property damage, or nuisance is allowed. Alternatively, you may engage a lawyer to write a Letter of Demand to the debtor to ask for repayment. A Letter of Demand can be very effective in reminding the debtor that the loan has not been repaid or forgiven and that the debtor should repay you as soon as possible for his or her own sake. Please speak to a lawyer about your options for writing such a Letter of Demand to get your matter resolved quickly. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Is Legal Recourse There? If the debtor refuses to pay and does not want to settle the matter with you, you should speak to a lawyer to better understand all legal options available to you. It is wiser and more appropriate to engage the services of a lawyer instead of hiring a debt collector to recover a loan. This is especially where a substantial amount of money is involved. A lawyer can assist you in issuing a Letter of Demand to the debtor. If the debtor persists in ignoring the Letter of Demand and/or not repaying you, you can choose to commence legal proceedings against the debtor for the money owed. For a straightforward debt matter with strong supporting evidence, a summary or default judgement can be obtained without the need for trial. Please note that the Small Claims Tribunals (SCT) will not handle such matters unless the situation involves a contract for the sales of goods or provision of services. Another option is mediation. You may seek to mediate the matter with the debtor to resolve the dispute. Please speak to a lawyer for guidance through mediation processes and what you may need to prepare for mediation sessions. IOUs and Evidence: What Do I Need? When using an IOU to record your loan, you should keep all relevant evidence of your loan, including but not limited to: The written IOU; Text messages between you and the debtor about the loan; and Any transfers of money or payments of cash made according to the IOU. Please keep in mind that simply scrawling sentences such as, “A owes B S$10.00” on paper or over text would generally be insufficient proof of a loan agreement. Having strong evidence of the existence of the loan and that money was lent to the debtor will give you a higher chance of success if you decide to take legal action against the debtor. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How Do I Write an IOU? Is There Precedent for an IOU? In general, you should state: Your name, ID number, address, and contact information; The debtor’s name, ID number, address, and contact information; The loan amount; The method of transferring the loan to the debtor; The date of the loan; and The repayment date, or dates if in instalments. You should also state if you wish to charge any interest on the loan sum. An IOU can help you save on potential legal fees in the future should your debtor not repay you. As such, you should speak to a lawyer about drafting an IOU. Does There Need to Be A Witness During The Signing? To avoid any allegations of duress, undue influence or mistakes made by the debtor, it is recommended to arrange a witness to be present at its signing on the drafted and agreed to IOU. The witness’ details should be reflected on the IOU note where possible. Limitation Period for making a claim The limited shelf life on the IOU will be implemented should the debtor’s debt is not repaid. Legal proceedings will commence within six years from the stipulated repayment date – if there is a clause on a stipulated repayment date reflected in the IOU and the debt status remains as unpaid. The six years time limit will start to take place from the date when the cause of action arises – if there is no clause in the IOU that stated a repayment date. There will be a need to seek specific legal advice to determine the exact limitation period then. How can we help you Debt recovery & IOUs are delicate issues, and the documents required to process the actions to be taken may be too technical and complex for you to understand fully. Worry not, at Lions Chambers LLC, we have experienced lawyers well-versed in Singapore debt recovery proceedings. We will guide you through and explain to you each and every stage of your case. We understand that going through such an event is difficult. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Dispute Resolution, Employment Law, Law SuitEmployment Contract: What You Need To KnowAn employment contract is, in essence, an agreement of a contract of service between a company and its potential employee. This agreement dictates your relationship with your employer and lays out the duties of responsibilities of both the employer and employee. This agreement can be made in writing or verbally, and the terms of the agreement may also be express or implied. However, to curtail potential disagreements, it is best that an employment contract is made out in writing. A well-drafted employment contract would typically include the following: – Appointed position – Expected duties – Date of employment commencement – Hours of work – Salary – Notice period The Employment Act in Singapore Most employment contracts in Singapore must adhere to the Employment Act. Terms set must meet or exceed the minimum standards stipulated in the said Act. Terms present in the employment agreement that do not meet these standards will be void and illegal. On 1 April 2019, the Employment Act further expanded its reach to cover managers and executives who earn above $4,500 per month. In essence, the Employment Act now covers a fair majority of all employees working under a contract of service in Singapore besides seafarers, domestic workers and statutory board employees or civil servants. The Act provides a comprehensive outlook of who exactly comes under the purview of the Act. In the event, an employment contract in question is covered by the Act, but the employer enters into a contract that does not adhere to provisions in said Act, the employer will be found guilty of a criminal offence which is punishable with a fine of up to $5000, up to six months in prison, or both. Repeat offenders could face fines of up to $10 000, up to 12 months in prison, or both. Furthermore, there are also legal requirements mandatory to every employment contract in Singapore that cannot be contracted out whether or not an employee comes under the scope of the Employment Act – these include mandatory contributions to an employee’s Central Provident Fund (CPF) and maternity leave. It is, therefore, essential for employers to ensure that employment contracts are compliant with the Employment Act and for employees to make certain that safeguards that the Employment Act have put in place are being complied with by employers. When does an employment contract take effect? The Employment contract takes effect once a new employee turns up for work on the agreed starting date. If the potential employee does not begin work on the said date, the Employment Act will not apply as the employer-employee relationship cannot be said to have begun. The employer also will not be able to claim notice pay or any compensation in accordance with the Act, and the only recourse available to the employer will be through a civil claim. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Guide to an employment contract An employee must ensure that the employment contract you are about to sign covers these areas: Responsibilities and title of the job Ensure that the contract clearly states the job title, position and responsibilities that have been delegated to you. The date of commencement of the contract, work hours and workdays must also be clearly stated. Remuneration Salary is usually the most important consideration for employees looking for a new job. Employees should ensure that remuneration discussed or offered in an interview corresponds to what is stipulated in the employment contract. This should also include CPF contributions as well as additional benefits such as annual leave, bonuses, potential health benefits and travel expenses. The employment contract should also clearly set out the circumstances to which salary is paid. The Employment Act sets out that whilst an employee’s salary duration can be determined by the employer. The payment period must not take longer than one month. Annual leave of at least seven days must also be given to those who have worked for 12 months continuously. Job evaluation The probation period in a new job and the expectations that an employer has of an employee should be plainly stated. Terms of termination in terms of job performance or conduct must be clearly stated in an employment contract. Similarly, Sections 9, 10, 11 and 14 in Part II of the Employment Act state the conditions as to which an employer may terminate the employee’s service. Section 10 of Singapore’s Employment Act also state that it is mandatory for employees to give prior notice per the terms stipulated in their contract to the employer of their intention to terminate their contract of service. Expected code of conduct As an employee, it is important that the company’s expected code of conduct is followed. Some employment contracts may include non-competition and non-solicitation clauses or confidentiality clauses or that you sign an accompanying non-disclosure agreement. It is important that employees understand their responsibilities and duties and do their due diligence when signing an employment contract so that they know exactly what is expected of them. How We Can Help You Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now... LCLLCView Dispute Resolution, Uncategorized, WillsAdministration of an estate. The role of an executor In SingaporeAs the old saying goes, “you can’t take it with you.” As we grow older, it is natural to think about how we would like our property to be managed and distributed after passing on. Not only do we want to provide for our dependents and loved ones, but we also want to leave them with happy memories rather than unnecessary aggravation and conflict. Recent events surrounding challenges to the late Minister Mentor Mr Lee Kuan Yew’s last will and testament serve as a reminder of not only the importance of leaving behind a clear and well-written will but also having an impartial executor to carry out your wishes. You may be wondering, “what, exactly, is the problem?” Mr Lee Kuan Yew, throughout his lifetime, made a number of wills. One of the issues arising from these wills was what should be done with Mr Lee’s residence, 38 Oxley Road, as different wills contained different instructions as to Mr Lee’s intentions for the property. His sixth and final will indicated that Mr Lee wished for the property to be demolished after his death. After Mr Lee’s death in 2015, his three children, Prime Minister Lee Hsien Loong, Dr Lee Wei Ling, and Lee Hsien Yang, became the executor of the elder Mr Lee’s estate. Amid public calls to transform 38 Oxley Road into a national monument to Mr Lee, a dispute subsequently arose between the three executors of the late Mr Lee’s estate regarding the future of 38 Oxley Road. It is clear, then, that a well-written will and a careful choice of executor can make all the difference between leaving your loved ones with happy memories and leaving them with a messy family dispute. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What is an executor? The executor is the individual appointed in a will to distribute the deceased person’s property and pay his or her debts and expenses. An executor is also responsible for proving the validity of a will in court. When a person (the ‘testator’) writes a will, that person chooses other people (the ‘beneficiaries’) to inherit his or her property (or ‘estate’). However, the testator must also choose one or more ‘executors’ to administer and distribute his or her property upon his or her death. Usually but not always, the executor also acts as the ‘trustee’ over that property. This is someone who holds on to the deceased person’s property on behalf of beneficiaries who are under the age of 21. A trustee may also use or invest the deceased person’s money for their benefit. If the deceased person passes away without leaving a valid will, his or her next-of-kin can apply to the court for a Letter of Administration – a court order which enables the next-of-kin to administer the estate and distribute the deceased person’s property in accordance with Singapore’s laws. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Who should I appoint as my executor? Anyone over the age of 21, who is not bankrupt, can act as an executor. It is also possible to have a single executor or multiple executors. The maximum number is four. Because an executor can refuse to execute the will, it is important to obtain your chosen executor’s consent before you name him or her in your will. However, will makers often hire a professional executor, such as a lawyer, law firm or accountant, for reasons of impartiality and trustworthiness and because of the heavy workload required to administer and distribute assets. Hiring a professional executor is particularly important if you have a large or complicated estate. Because an executor can refuse to execute the will, it is important to obtain your chosen executor’s consent before you name him or her in your will. You may also wish to nominate several backup executors in your will in case any of your chosen executors become unable to fulfil their duties. While it is possible to choose one of your beneficiaries as an executor, it is not advisable to appoint one of the beneficiaries of your will to act as executor unless your will only has one beneficiary, such as your spouse. This is due to the potential for conflict of interest. What are the responsibilities of an executor? Acting as executor is an important duty. One of an executor’s main responsibilities is to apply to the court for a grant of probate (see below). Even though the executor is named in the deceased person’s will, a grant of probate is still required so that the executor can be appointed as the legal representative of the deceased person’s estate. Once this process is completed, an executor is also responsible for arranging the deceased person’s funeral according to his or her wishes expressed in the will. The executor is also responsible for making an accurate inventory of the deceased person’s property, settling the deceased person’s debts and other financial obligations, and distributing the deceased person’s property to the beneficiaries named in the will. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What is probate? Probate refers to the legal process of proving that a person’s will is valid and authentic after he or she has died. This must be completed before the executor can sell or distribute the deceased person’s property. The process usually lasts up to six months. Once it is completed successfully, the court will issue a document – known as a ‘grant of probate’ – which confirms the authenticity of the will. This document is required before the executor can sell or transfer the deceased person’s property. Because applying to the court for a grant of probate is complex, most executors appoint a probate lawyer to complete the process on their behalf. A different process is also required for Muslims. Because a Muslim estate must be managed based on Islamic inheritance laws, it is recommended that you consult with a probate lawyer who is familiar with Syariah law and can assist you in applying for probate. What if I do not appoint an executor? If the deceased person died without a valid will or if the executor is unable to perform his or her role (for example, because he or she has died or become bankrupt), the deceased person’s personal representative(s) must apply to the court for a ‘letter of administration’ so that they can be appointed as administrators of the deceased person’s property. This process is longer and more expensive than obtaining a grant of probate. Additional problems and delays can arise if family members disagree about who should administer. This is because, if there is no will, Singapore law gives first priority to the deceased person’s spouse, second priority to the deceased person’s children, third priority to his or her siblings and so on. All members of each of these classes have an equal right to apply to become an administrator of the deceased person’s estate. For example, if a deceased person has no living spouse but has three living children, all three of the children have an equal right to apply to administer their deceased parent’s estate. The eldest child does not have priority over the other two. These problems can be easily solved by writing a valid will that clearly names your executors. How can we help you Bankruptcy in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Bankruptcy in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Defamation, Dispute Resolution, Law SuitDefences to Defamation in SingaporeThe online arena is harsh and brutal. At any point, anyone may leave a post that goes viral. This is especially alarming for any business, as every business relies on its reputation to bring in clients and customers. Therefore, it is no surprise that business owners take defamatory posts very seriously. Of course, this also extends to claims between individuals as nobody would want to be defamed. This article will explore what are the possible ways to defend yourself against a defamation claim if you are threatened to be sued or are being sued by a company or a person. How to defend myself against a Defamation Claim Defence of Justification The Defence of Justification is the strongest defence, as an absolute defence. Justification entails proving that whatever the defamatory statement might have been, the statement was true. This is because something that is substantially true cannot be used by the claimant to recover damages suffered. However, it is important to note that the burden of proving the truth of the statement falls on the party being sued, and it is the imputation contained in the statement which has to be proven to be true. Furthermore, in this defence, the intention or belief of the party making the statement is irrelevant as the basis of this defence is the truth. For example, to prove that a shop has provided bad service, you would need evidence such as videos or photographs showing the results of the bad service and perhaps of the service itself to be able to raise justification as a defence. Defence of Fair Comment The most common defence used is that of fair comment. Essentially, this defence operates that the statement was published was only an opinion, and not a defamatory fact. Therefore in this case, it will be for the person defending his or her statement to clearly distinguish between his or her statements which are comments as opposed to statements of facts. If the person defending is unable to do so, then the statements may not attract the defence of fair comment. Additionally, there must also be no malice by the person making the statement, in that that person genuinely believe what he or she has stated. However, relying on this defence will necessarily require an examination of the context and circumstances and depend upon the nature of the defamatory statement. For example, the difference between “The service in this shop is terrible” and “I feel the service in this shop is terrible” is clearly that the latter statement was meant to be a personal opinion on the service of the shop. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Defence of Qualified Privilege Qualified Privilege is a trickier defence to rely on. This is because in essence, this defence can only be relied on when the person defending the statement, has an interest or duty to communicate the information to the recipient(s) who have a corresponding interest or duty to receive the communication of information. Whether the statement is privileged relies on whether there is this reciprocal duty between the communicator of the defamatory article and the recipient. Furthermore, to rely on qualified privilege, the statement must have been made bona fide, and there must be no malice on the part of the communicator of the statement. This also applies even if the person defending the statement may have a genuine or honest belief in the truth of the defamatory statement, his or her dominant intention is to cause damage to the claimant or some other improper motive. For example, you may have visited a ride in an amusement park and seen the ride in a bad condition and rusty. It may be possible that your statement regarding the ride that it is dangerous and not to visit the park be defensible under qualified privilege as the general public would have a legitimate interest in receiving this information. How We Can Help You If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now... LCLLCView Bankruptcy, Corporate Law, Debt Recovery, Defamation, Dispute Resolution, Employment LawBreach of Contract: What Can You Claim?These claims are typically called remedies for breach of contract. There are 2 types of remedies – common law remedies and equitable remedies. Common law remedies include damages and quantum meruit. Equitable remedies include specific performance and injunctions. The main practical difference between these 2 types of remedies is that equitable remedies are at the discretion of the courts – even when you win the case in court, the court may decline to award equitable remedies, but it must always allow for common law damages to be claimed and awarded because damages are available ‘as of right’. Liquidated Damages Liquidated damages depend on liquidated damages clauses in contracts that specify the amount of damages the aggrieved party shall receive in case of breach by the other party. Generally, the courts will uphold such clauses without requiring the aggrieved party to prove that he or she has suffered a loss. Such clauses often include upper limits to the amount which the breaching party has to pay the aggrieved party. Such clauses are commonly found in construction contracts, cleaning contracts and security guard contracts. However, it is important to keep in mind that the law will uphold such liquidated damages only if they are a genuine pre-estimate of the loss that might be suffered as a result of the breach. Such damages should not be a penalty (punishment or threat). Unliquidated Damages For unliquidated damages, the basic legal principle is that the courts would try to place the innocent party in the same position (as far as monetary awards can do so) that it would have been in if the contract had not been breached. If the contract is devoid of a liquidated damages clause, then the law would require the aggrieved party to prove the loss it suffered. In determining whether unliquidated damages should be awarded, the courts will look at: Causation – whether the breach caused the loss suffered by the aggrieved party; The remoteness of Damage – whether the loss arose naturally (and not remotely) as a result of the breach, and whether, at the time the contract was entered into, the party in breach contemplated or could have reasonably foreseen that such loss would result from the breach; and Mitigation of Loss – whether the aggrieved party took reasonable steps to mitigate or reduce its loss. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Quantifying Damages In determining the exact amount or quantum of damages, the courts look into expectation loss – the amount the innocent party would have gained if the contract had been properly performed – and reliance loss – the amount the innocent party spent in preparing to perform the contract. In some cases where there is no expectation loss or reliance loss, the aggrieved or innocent party does not lose anything. What happens is that the party in breach gains something wrongfully. The law would then use restitution as a basis to award damages against a party that had been unjustly enriched by its breach of a contract. Quantum Meruit This latin term may be translated as “as much as he deserves”. This claim may be successfully made by parties in the following situations: Where one party (often the innocent or aggrieved party) accepts the partial performance of a contract by the breaching party, it must pay for the partial work done because it has benefited from it. Where one party is prevented from fully performing its part of the bargain due to the actions of the other party; the prevented party deserves to be paid for work done. When a contract does not specify the amount that should be paid for services. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Specific Performance Specific performance is, put simply, an order of court requiring a party to do what they promised to do in the contract. As mentioned earlier, the courts have full discretion in these orders, and these orders are not made “as of right”. Further, specific performance is ordered only when damages are an inadequate remedy. However, specific performance, no matter how inadequate damages may be as a remedy, is not usually awarded if the performance would require supervision by the court. Orders for specific performance are typically awarded in cases where what is being sold or was promised is unique – like land, rare antiques and company shares. Injunctions Just like specific performance, injunctions are awarded only if damages are inadequate. Injunctions may be prohibitory or mandatory. Prohibitory injunctions prohibits the party at fault from breaching the contract. Mandatory injunctions, which are less common, order a party to carry out positive obligations to reverse a breach of contract that has already been committed. How can we help you Lawsuits in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in debt recovery in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Bankruptcy, Corporate Law, Debt Recovery, Dispute Resolution, TenancyWhat If You Tenant Doesn’t Pay Rent?The most common breach of tenancy agreements is the late or non-payment of rent. The tenancy agreement normally allows the Landlord to re-enter the premises and terminate the tenancy upon non-payment for a stipulated number of months/days. The agreement also typically allows the Landlord to forfeit the deposit. In addition to the above, the Landlord may sue the tenant in the civil courts of Singapore to claim his or her dues. This typically takes three forms: Writ of Seizure and Sale and/or Writ of Possession Writ of Distress Writ of Summons Writ of Seizure and Sale and/or Writ of Possession A Writ of Seizure and Sale is appropriate if you want to recover only rental arrears but are happy to let the tenant continue to rent out your property. After a successful application is made, the Court-appointed Bailiff will go to the premises, seize items of value and sell the items at an auction. The proceeds from the auction can then be used to pay you the arrears. However, there are many cases where the items seized are not worth enough to satisfy your claim for arrears. Often, your lawyer would advise you to apply for a Writ of Seizure and Sale together with a Writ of Possession to allow you to recover unpaid rent as well as recover vacant possession of your property. This is the most appropriate option if you have already decided to terminate the lease or if the tenant refuses to leave your property. The Court-appointed Bailiff will go to the premises and ensure that the tenant leaves the premises. The tenant has a 4-week period within which he or she can pay all outstanding sums to avoid eviction. At this stage, we need to warn you. Although it seems you could just change the locks and forcibly recover possession of your property, this could open you up to civil proceedings for false imprisonment (if you locked the premises while somebody was in the premises) or for damage to your tenant’s property. Approach Lions Chambers LLC – we are skilled and experienced in recovering rental arrears and possession for landlords who face problematic tenants. Very often, our solutions do not require you to go to Court at all. Another point to keep in mind is that if the tenant continues to refuse to leave the premises even after termination of the tenancy agreement, he is considered to be ‘holding over’, which means the law allows for the Landlord to claim double the rental rate. Writ of Distress A writ of distress is an ex parte application. This means the tenant is not informed of the legal proceedings against him. A successful application allows the Landlord to recover rental arrears for the 12 months preceding the application only and does allow the Landlord to claim for charges like service fees or licence fees. A Court-appointed Bailiff goes to the premises and seizes items of value. If the tenant does not pay the outstanding rent and associated fees within five days, the Bailiff will sell the items at an auction. The proceeds will then be used to pay the Landlord after costs and expenses for the Bailiff have been satisfied. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Writ of Summons The problem with the Writ of Distress is that only outstanding rental for the 12 months immediately preceding the application may be claimed. The Writ of Summons, however, does not have this ‘weakness’. You may claim for arrears well before the 12 month period and may claim for charges like service fees and licence fees, if necessary. For the Writ Seizure and Sale and the Writ of Possession, it is necessary for the Landlord to first obtain a court’s judgment in his or her favour, ordering the tenant to pay the unpaid rent or deliver vacant possession to the Landlord. This judgment commenced with a Writ of Summons. The process starts with a letter of demand sent to the tenant by your lawyer. If the tenant fails to respond satisfactorily and pay you, then your lawyer will assist you in drafting and filing a Writ of Summons, which must be served personally on the tenant in person or at the tenant’s registered address if it is a corporate entity. If personal service is not feasible, substituted service may be performed by posting at the last known address or via advertisement. After eight days of service, the tenant has to enter appearance. If he does not, judgment in default of appearance may be granted to the Landlord. If he does, he has a further 14 days to file a Defence. After the Defence is filed and it contains no merit, the Landlord may choose to apply for summary judgment in his favour. If no Defence is filed, the Landlord may apply for a judgment in default of Defence. After judgment is obtained in the Landlord’s favour, the Landlord may apply for a Writ of Seizure and sale and/or a Writ of Possession. In some cases, the Landlord has to apply for leave (or permission) of the Court to file such additional writs. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now In deciding which solutions to employ to deal with a non-paying tenant, you would have to consider the following factors carefully: the amount of security deposit and whether it may be set off against sums owed, amount of outstanding rental, balance period of lease left, costs of litigation, circumstances of the tenant, etc. Please approach Lions Chambers LLC to give you a fuller appreciation of these and other matters relating to your property. How can we help you Successfully dealing with Tenancy Disputes in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed with Singapore’s Tenancy Laws. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Bankruptcy, Criminal Law, Debt Recovery, Defamation, Dispute Resolution, Divorce, Employment Law, Family Law, Law Suit, Probate, Syariah Law, Tenancy, WillsWin Or Lose, Who Pays the Legal Costs?The 2 Main Types of Costs in Civil Proceedings There are 2 kinds of costs involved in any civil proceedings taken out in the Singapore courts. These are: Solicitor-and-Client costs – which refer to the amount each party owes to their respective lawyers for all the work done for the civil suit; and Party-and-Party costs – which refer to the amount which the court orders one party to the litigation to pay to the other party. The Key Principles Governing Party-and-Party Costs in Singapore Party-and-Party costs cover not just legal fees charged by the lawyer for services rendered but also expenses like disbursements such as filing fees, court fees, transport charges, photocopying charges, etc. In Singapore, this kind of costs generally “follow the event”, which means that the losing party generally has to pay the successful party the legal costs incurred by the successful party (there are relatively rare exceptions, which are discussed below). This gives the rightful party in any proceedings some assurance that some of their legal fees will be covered at the end of the litigation process, and thereby empowers the rightful party (whether it’s the plaintiff or the defendant) to pursue or defend their claim. The 3 principles which balance the interests of winning parties, losing parties and potential litigants in future respectively are: With respect to winning parties in civil litigation: the costs of litigation should be shifted to the losing party to bolster access to justice – rightful claimants and defendants are more likely to pursue or defend their rights in court if they know that their legal costs will eventually be paid by the losing party. With respect to losing parties in civil litigation: the law works to compensate the successful party only for costs reasonably incurred, not all costs incurred, because including unreasonable costs would be unjust and unfair. With respect to future potential litigants: the losing party may have to pay 2 sets of costs – the costs due to his own lawyer for services rendered, and the costs he has to pay to the winning party. This would deter risk-averse potential litigants and potential litigants who do not have enough money from beginning civil proceedings without a sound case to present to the courts. The 2 other principles described above for winning and losing parties also apply to potential litigants. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Types of Party-and-Party Cost Orders Made in Singapore Although costs generally follow the event (i.e., losing party pays for the winning party’s;legal costs), it is important to keep in mind that the courts are afforded the discretion to make appropriate costs orders as they see fit. At times, costs may not follow the event, or the court decides that the party-and-party costs ordered should be minimized, or even that the winning party should pay the losing party’s legal costs. This could happen in several circumstances, 2 examples of which are: Even though he wins the case, the winning plaintiff had grossly overstated his claim, or has made improper, unreasonable and totally unfounded allegations; and Even though he wins the case, the winning defendant’s conduct in the proceedings had caused unnecessary and protracted litigation and expense to be incurred. The types of court orders typically made include: Fixed costs – Where one party pays a defined sum (determined by the court according to legislative schedules and according to criteria specific to each civil suit after hearing lawyers arguments on costs) to the other party. Costs in the cause – Where whichever litigant is successful at the end of the trial receives costs, which is another way of saying “costs follow the event”. Plaintiff’s costs or defendant’s costs – To be awarded to the named party only if he succeeds in the proceedings, but the named party does not have to pay the costs of the other party if the other party succeeds in the proceedings. For example, if the court orders defendant’s costs, the plaintiff must pay party-and-party costs to the defendant of the defendant wins the civil suit. If the defendant loses the civil suit, the defendant does not need to pay party-and-party costs to the plaintiff. Costs in any event – Where one party is awarded the costs for interlocutory matters, regardless of whether or not he is eventually successful in the civil suit as a whole. Costs thrown away – Where costs are awarded to a non-blameworthy party to compensate him for effort put in and expenses incurred which turn out to be “wasted” because of the blameworthy party’s conduct. Such waste may manifest itself in not following proper court proceedings or in undertaking unnecessary applications or pleadings before the court. No order made as to costs – Where the court decides that party-and-party costs are not payable and each party should pay for its own respective legal costs. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How Is The Amount of Party-and-Party Costs Determined? What usually happens at the end of the civil litigation process is that the judge first decides on who wins the case, then determines party-and-party costs. It may either: Fix the party-and-party costs; or Order the party-and-party costs in an action to be taxed Fixed Costs The court will order fixed costs when it is appropriate to do so. For example, when fixed costs would allow all parties to avoid the protracted delay, possible aggravation and increased expenses which come with taxation proceedings, or where the civil suit in question is a simple and common one for which a range of costs have been pre-determined by the courts in appendix 2 to Order 59 of the Rules of court, the court may order fixed costs instead of ordering costs to be taxed. Do take note that even after costs have been foxed, the party ordered to pay party-and-party costs may still resort to taxation if it thinks the award of fixed costs was too high. Taxed Costs Here, ‘tax’ means the judicial process (taxation) the court undertakes to determine the reasonableness of legal fees. Such taxation is normally conducted by a taxing registrar in a separate taxation hearing. The Standard Basis For Determining Party-and-Party Costs All party-and-party costs are normally taxed on a Standard Basis, which means that the court will allow a reasonable amount for all costs reasonably incurred, and any doubts as to whether costs were reasonably incurred or reasonable in quantum shall be resolved in favour of the paying party. This usually means that the party claiming costs has to show that any particular item was reasonably incurred or reasonable in quantum and therefore allowed. Can You Expect To Be Paid All Of Your Legal Costs If You Win The Civil Suit? The short answer is generally ‘No’. Although costs normally follow the event, the successful party does not usually fully recover all of his legal costs from the unsuccessful party. Party-to-party costs fixed or taxed by the Court typically fall between 40-70% of the actual costs of the winning party’s lawyer’s legal fees. At the end of the day, the law expects all litigants to bear some of the costs of litigation as part and parcel of life. It also cannot allow costs that are unreasonably incurred. Do take note that the legal fees due to your own lawyers are payable regardless of whether you are awarded party-to-party costs or whether you are able to successfully recover them from the losing party. In other words, even if you win the case, you will still have to pay your own lawyers the full amount they charge (unless you wish to dispute your own lawyers’ unreasonable fees). How We Can Help You Dealing with Cost issues in legal proceedings is tricky, failing to follow proper procedure or taking out applications that have little merit may cause you to incur costs above your own lawyer’s fees. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Dispute Resolution, Family Law, Law Suit, WillsWhat is a trust?Under the laws of Singapore, a person who owns a thing (“property”) is said to have an interest in it. This “interest” in property can further be divided into a legal interest and an equitable interest. In this article, we seek to clarify the concepts of legal interest, equitable interest, and trust. To have a legal interest in a property means that, under the black-letter laws, a person owns that particular property. This is the case in circumstances where, for example, a house is held in the name of a certain person (the registered proprietor). This certain person is the legal owner and possesses a legal interest in the house. To have an equitable interest in a property means that while a person may not be the legal owner of a particular property, he or she may have a beneficial interest in the property. A legal interest is enforceable against the whole world. In contrast, an equitable interest generally cannot be enforced against a person known as equity’s darling – a bona fide purchase for value without notice. Of course, in most situations, property interest in a thing resides in a person or entity as a single interest, without separation into a legal or equitable interest. For example, where a consumer buys a consumer product (e.g. a bar of soap) without any instance of fraud, or without intending to hold it for the benefit of someone else, the property interest in the bar of soap vests in that consumer, being the both legal and equitable owner of a bar of soap. A common situation in which the legal interest separates from the equitable interest is where a property is held on trust for a beneficiary – the trustee is the legal owner of the property, while the beneficiary is the equitable owner of the property. What is a trust? A property is said to be held on trust (by a trustee) for another person (the beneficiary) where the trustee is made the legal owner of the property, but the beneficiary is the person intended to benefit from the trust (and the property) and the beneficial or equitable owner of the property. As such, the trustee manages the trust property for the beneficiary. The person who creates this trust relationship is known as the settlor and maybe the same person as a trustee. Of course, the trustee is not given free rein to do whatever he wishes to the trust property. A trustee owes a beneficiary certain duties, including the duty to exercise reasonable care and skill in the discharge of his powers, to exercise his discretion properly, and to adhere to the terms of the trust instrument. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Due to the features of the trust relationship are commonly used for the following purposes: Estate planning – via a testamentary trust for assets to be distributed by the trustee after your death; Preventing & protecting against depletion of assets – since only the trustee has the power to manage the property; Charitable purpose – to ensure that the trust property is used for the specified charitable purpose; Tax savings – trust structures may face lower taxation rates in certain jurisdictions, as compared to other financial structures. Elements of a trust Several requirements must be met in order for a trust to be formed. These are the three certainties. A trust must also be constituted by either a transfer of trust property or a declaration of trust. Statutory provisions regulating the creation of trust must also be complied with. The settlor must also have the requisite legal and mental capacity for the trust to be validly created. The three certainties Certainty of intention – the settlor must have had the intention to create the trust obligation; Certainty of subject matter – the trust must be created over specific property; and Certainty of object – trusts must usually be created in favour of legal purposes, with the exception of purpose trusts. Powers of the trustee The Trustees Act, and common law principles set out the regulations relating to the operation of trusts and trustees. The powers of a trustee depend on the specific terms of the trust instrument. For example, a trust instrument may give the trustee the power to direct trust funds to funding a beneficiary’s education, or may authorise the trustee to invest in certain financial products. How We Can Help You A trust structure may serve a variety of purposes, ranging from estate planning, to ensuring that an errant child does not deplete the family fortune. If you think that you would require a trust or would like to know more about how a trust could be used for your purposes, please consult Lions Chambers LLC. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Corporate Law, Debt Recovery, Dispute Resolution, Law Suit, TenancyWhen Can You Evict Your Tenant in Singapore?The relationship between landlords and tenants are typically governed by the written tenancy agreement between them. This agreement will dictate when you can evict your tenant. Normally, other than waiting for the expiry of the term or tenure of the tenancy, you may evict a tenant for significant breaches of the tenancy agreement. Examples of such breaches include: Failure to pay rent or consistently paying rent late; Subletting the premises without your approval or knowledge; Wilfully causing damage to the rented property; and Engaging in illegal activities in the premises. The Normal Eviction Process in Singapore There are usually four steps you need to undertake to evict your tenants in Singapore: Send the tenant a written notice of termination of the tenancy This written notice should: Identify exactly which terms and conditions of the tenancy agreement the tenant has breached; Confirm whether the breach is capable of remedy, and if so, how long the tenant will be given to remedy it; Give notice to the tenant of the number of days before which the tenancy agreement shall be considered terminated; and State that the tenant must vacate the property by the end of the notice period. However, do note that the tenancy agreement must have afforded you the right to re-enter the premises in your specific situation. If you doubt whether the breach/es allows you to terminate the tenancy agreement and whether you are permitted to re-enter the premises, contact us for some quick and ready advice. In many cases, the tenant leaves without much of a fuss and either pays up and/or remedies the breaches/damage he has caused. However, some tenants refuse to comply with your demands. That is when you may have to move on to the next step. Commence litigation and obtain a favourable judgment You will need to commence civil litigation in the Courts and obtain a judgment favourable to you, which in essence orders the tenant to pay you a certain sum of money for rental arrears and/or damages. Depending on the breach/es in question and how much your claim is for, you may have to file your claim in either the Small Claims Tribunal ($20,000 and below), Magistrate’s Court ($60,000 and below), District Court ($250,000 and below) or the High Court (above $250,000). The lawyers at Lions Chambers LLC can guide you and represent you throughout such litigation proceedings in Court. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Apply for a writ of possession After receiving a favourable judgment in your favour compelling the tenant to pay you certain sums of money, the tenant may still refuse to pay. That is when you should consider applying to the Court for a writ of possession. A writ of possession allows you to enlist the service of the Court Sheriff to take possession of the tenant’s belongings to recover the judgment debt owed to you. Do take note that the tenant is still allowed to contest your application or pay up the sums due before the Court grants you the writ of possession. If you successfully obtain a writ of possession, the Court will issue a Notice of Eviction to the tenant, informing him/her of the date and time that he/she is required to vacate the premises. Evict the Tenant On the date and time of eviction, you must be present at your property for the execution of the writ of possession and eviction. The Court Sheriff and/or a Court Bailiff will also attend and will enter the property by force, if necessary. The Court Sheriff and/or the Court Bailiff shall then serve papers on the tenant, list out the items in the premises which shall be seized, and evict the tenant from the property. How We Can Help You If you need legal advice on recovering outstanding rental payments, tenancy disputes or evicting your tenants, please consult Lions Chambers LLC. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Bankruptcy, Corporate Law, Debt Recovery, Dispute Resolution, Employment Law, Law Suit, Tenancy, WillsTransferring Contracts in SingaporeIn any contract, the parties to the contract are more or less set in stone. Only the parties which entered into the contract are allowed to make use of the rights and held to the obligations under the contract. What happens when you want to transfer the whole contract or parts of it? In the corporate world, it is quite common for whole contracts to be transferred to other parties who were not originally parties to the contract. This routinely happens, for example, in major corporate settlements, intellectual property matters, mergers and acquisitions and the construction industry. Such contractual transfers play an important role in the commercial world. They allow, amongst other things, a party with insufficient resources to fully complete the contract to transfer contractual obligations to another party, and they allow a party at risk of losing the benefits of the contract (due to an errant or impecunious contractor) to find another party to replace the errant or impecunious contractor so that the contractual benefits are not lost altogether. This article seeks to introduce the ways of transferring rights and obligations under contracts in Singapore. 2 Ways of Transferring Contracts in Singapore A contract is transferred by, you guessed it, yet another contract! There are two ways to transfer contracts in Singapore – Assignment and Novation. Assignment – if what is sought is the transfer of only rights under the contract, you enter into an Assignment of the contract. Novation – if what is sought is the transfer of both rights and obligations under the contracts, you enter into a Novation of the contract. Let’s discuss both in more detail. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Assignments in Singapore As mentioned before, an assignment transfers only the rights under the contract and not the obligations. The assignment thus does not have the effect of transferring the obligations under the contract. The person or entity which assigned the contract to someone else is still liable to perform all of its obligations under the contract. Some important things to keep in mind when it comes to assignments are: The law treats the original assignor as the proper party to the original contract and not the assignee. If the assignor breaches the contract, the assignee is not to blame. Contracts of a personal nature cannot be assigned. Such contracts were predicated upon the special or highly specific nature or character of one of the parties. Examples of such contracts are employment contracts and motor insurance policies. Check the contract carefully to see if assignments are permitted at all in the first place. Many contracts include clauses expressly prohibiting either or both parties to the contract from assigning the contract to other parties. Some contracts allow for assignments but contain terms that place limits or conditions on assignments. These limits or conditions may pertain to the types (or even exact identity/ies) of assignees permitted, prior written notice to the other party, limits on the number of assignments, types of rights which may be assigned, and even consent (which may not be unreasonably withheld at times) by the other party before assignments are undertaken. In the absence of such clauses prohibiting assignment, contracts can usually be assigned to a third party without the consent of other parties to the contract. The original contract remains in place (only the rights of one party have been transferred). Once the assignment has properly been executed, the assignee now has a right to sue the other party to the contract for the rights it has received under the assignment. However, this can only be done by first joining the assignor as a party to the civil action. In the real world, what sometimes happens is that the assignee does actually take over some or all of the obligations, and the assignee will indemnify the assignor against any breach or failure to perform contractual obligations. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Novations in Singapore As mentioned before, a novation transfers both the rights and obligations under the contract to another party. In effect, what actually happens in a novation is that a new party replaces one of the original parties to the contract. The person or entity which is replaced is fully absolved of all obligations under the contract and no longer can exercise its rights under the contract. Some important things to keep in mind when it comes to novations are: Since all the rights and obligations have been transferred, the earlier contract is effectively extinguished. A new contract takes its place. Check the contract carefully to see if novations are permitted at all in the first place. Many contracts include clauses expressly prohibiting either or both parties to the contract from novating the contract to other parties. Some contracts allow for novations but contain terms that place limits or conditions on novations. These limits or conditions may pertain to the types of novatees permitted, prior written notice to the other party, and even consent by the other party before assignments are undertaken. If there are no such clauses prohibiting or limiting novations, contracts may usually be novated to a third party. Unlike assignments, though, novations generally require the consent of all parties to the original contract and the new third party. Unlike assignments, where the original contract is retained, novations mean that all the rights and obligations are created in a new contract. Novations may also be found by law to have arisen through the parties’ conduct, not just by agreement. Consideration must be provided by the new party in return for the contract novated to it unless the novation is executed by a deed signed by all parties. Once the novation has been properly executed, the original outgoing party to the contract is released from all future liabilities under the contract and may not avail itself of any of the rights it previously held under the contract. Generally, novations do not cancel past rights and obligations under the original contract. Nevertheless, parties may agree to novate these as well. Conclusion Assignments and novations are important mechanisms in the law of contract and offer a convenient way with which to transfer the rights and obligations under contracts. We would strongly advise you to examine all contracts you enter into from now on to see if there are any clauses that govern such novations or assignments. How We Can Help You Transferring of rights & obligations under a contract has to be done correctly. The matter is not as simple as using a template online. Do speak to us if you require assistance. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Debt Recovery, Dispute Resolution, Law Suit, TenancyWrit of Seizure & Sale in SingaporeWhen any Singapore Court orders the defendant to pay the plaintiff money, the winning party is faced with a big problem – the Judgment in the winning party’s favour does not mean that the Court will enforce it. Enforcement of the Judgment is left to the winning party. This means that if you are faced with a losing party that refuses, fails or is unable to pay according to the court judgment in your favour, you would have to commence enforcement proceedings. In this article, we seek to discuss one of the enforcement procedures available to you – a Writ of Seizure and Sale. What is a Writ of Seizure and Sale? When you file a Writ of Seizure and Sale, it basically means that you (Judgment debtor) are requesting the courts to seize and sell movable property belonging to the losing party (Judgment Debtor) to pay the judgment debt. For example, if the Judgment Debtor, who owns an expensive car, failed to comply with an order of the Court to pay a certain sum of money to the Judgment Creditor, the Judgment Creditor can apply to Court for an order to seize the expensive car and have it sold to satisfy the debt. Factors to Consider Before Commencing a Writ of Seizure and Sale How much is the outstanding judgment debt Whether other enforcement actions are pending against the Judgment Debtor Whether the Judgment Debtor is bankrupt (if an individual) or has been wound up (if a business entity) Whether there is any asset or item belonging to the Judgment Debtor worth seizing Whether the premises where you wish to effect seizure belong to the Judgment Debtor or a third party. A qualified and experienced lawyer would be able to advise you on the above factors and obtain answers for you so that you may decide whether a Writ of Seizure and Sale is the right way forward to receive your dues under the Judgment. For you to receive your dues, the Writ of Seizure and Sale must be executed successfully, and what you seize must be equivalent to, or more than the sums claimed as well as costs for the execution of the Writ of Seizure and Sale. Do consider carefully and enlist the help of a lawyer for you to do your sums. In some cases, Judgment Creditors who take out a Writ of Seizure and Sale do not recover enough to even cover the costs of their lawyers and the costs of executing the Writ of Seizure and Sale. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now The Process for Writs of Seizure and Sale Your lawyer would make an application through the Integrated Electronic Litigation System. If your application is successful, an Appointment Letter will be sent to inform you of the date fixed for execution On the appointed date, either you or your representative (or lawyer) must attend at the Bailiffs Section of the State Courts with the following documents: The Appointment Letter The official receipt to confirm that the deposit amount due to the Bailiff has been paid A signed Letter of Authorisation and Indemnity duly signed by you. You would then go to the premises in which you seek to seize items for sale. You might also have to provide transport for the Bailiff to the place of execution and back to his office or to his next destination. At the place of execution, the premises may or may not be accessible for execution. If the premises are accessible, the Bailiff will enter the premises and may seize items identified by you and mark them accordingly. The Bailiff will guide you on which items can or cannot be seized by law. Examples of items that may not be seized include the clothing and bedding of the Judgment debtor and his family, tools of the trade necessary for the Judgment Debtor to carry out his trade or earn his living (if the value of such items does not exceed $1,000), wages and salary of the Judgment Debtor, and pensions, gratuity or allowance granted by the Government. After the seizure, the Bailiff will serve the necessary documents on the Judgment Debtor (including a notice not to remove or tamper with the seized items). If the premises are inaccessible or the Judgment Debtor refuses or somehow resists the execution, the Bailiff will serve or leave a notice at the premises. Although the Bailiff has the power to effect forced entry into the premises, the Bailiff generally refrains from exercising that power on the first attempt at execution. It is generally only on the second or subsequent attempts that the Bailiff will exercise his powers of forced entry onto the premises, usually undertaken by a professional locksmith (which you have to pay for). If the first attempt was unsuccessful and you wish to try again, you would have to begin the whole process of applying for an Appointment date for execution. If execution was successful and you manage to seize some items, the judgment debtor is given seven working days to pay up all sums owing to you. At this stage, the Bailiff may require a valuation of all or some of the seized items and for a valuation report to be prepared and submitted before fixing the auction date. If you wrongfully seized some items which actually belong to someone else other than the Judgment Debtor, the owner of such items may file a claim (Interpleader) against you. If you dispute the other person’s ownership, you would have to file an Interpleader Summons at your cost. If you still do not receive the sums owing to you within the seven days stipulated above, you may proceed with an auction sale of the seized items. To do so, you would have to apply by filing a Request to Proceed with Auction. You will be informed of the auction date by the Bailiff. You must contact and appoint the auctioneer selected by the Bailiff at least seven days or three weeks before the auction date (which period is chosen will be specified by the Bailiff). The Auction date is fixed by the Bailiff, normally within 3 to 5 weeks from the date of service of the Notice of Sale. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How We Can Help You Attempting to recover monies on a Judgement is a technical process. Without a lawyer guiding you and with the wrong step, you could waste valuable time and money in the process. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Bankruptcy, Debt Recovery, Dispute ResolutionCosts and Process to bankrupt someoneBankruptcy can be filed by either a debtor or creditor if a person cannot repay debts of at least $15,000. For creditors, they can file in Court to make a debtor bankrupt if they believe that the debtor can repay the debts owed to them. Should you find yourself in the situation of a creditor, what can you do? And how much would it cost? This article aims to address the many questions a creditor may have to make an informed decision as to whether to apply to Court to bankrupt a debtor. The Process of Bankruptcy When a debtor is declared bankrupt, his or her assets shall be realised into proceeds to be placed in the bankruptcy estate for distribution by an Official Assignee, who is a public servant and an officer of the Court and works closely with the officers at the Insolvency Office. They are typically appointed by the High Court to be trustees of bankruptcy estates. However, should a petitioning creditor wish to request for a private trustee to administer the bankrupt’s affairs, the Court has the powers to do so. The role of an Official Assignee is to act as a receiver of the bankrupt’s estate, whereby a bankruptcy estate shall be managed or overseen by an Official Assignee. The role of an Official Assignee also encompasses consulting with creditors, as far as practicable, as to how the bankrupt’s estate ought to be managed. Further, an Official Assignee’s role encompasses the following:- To investigate and manage the conduct and affairs of the bankrupt; To recover and realise the bankrupt’s assets for distribution to the bankrupt’s creditors; and To assist a bankrupt in relation to discharging from bankruptcy, should the Official Assignee be satisfied that the bankrupt’s conduct has been satisfactory and monthly contributions have been promptly paid. After one is declared bankrupt, there will be a Bankruptcy Order given. The bankrupt will then be required to attend at the Official Assignee’s office within 21 days of the Bankruptcy Order given. The Official Assignee will then inform the bankrupt of his or her duties and responsibilities as a bankrupt, and a Statement of Accounts that records all assets and liabilities ought to be provided to the Official Assignee. The bankrupt also has the duty to disclose to the Official Assignee all of the property disposed of prior to bankruptcy. A monthly contribution plan shall be put in place after discussion with the Official Assignee. If a bankrupt is able to pay off the target contribution that is decided by the Official Assignee, he or she may be discharged from bankruptcy. A bankrupt also has to seek prior consent from the Official Assignee if he wishes to commence or continue a court action for damages or compensation for wrongful acts or personal injuries. However, for any action beyond that above-mentioned, a bankrupt is not permitted to commence or continue an action. Further, one should note that a bankrupt’s name shall be listed in the bankruptcy register in Singapore, which makes the bankrupt’s name searchable by anyone in public, with a payment of the fee. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Is “Unable to Pay Debt”? A debtor is deemed unable to repay the debt if: The debtor has failed to repay the debt for at least 21 days and therefore failing to comply with a statutory demand; The debtor failed to repay the debt and therefore failing to comply with a court-issued execution; To avoid repayment of the debt, the debtor has escaped the country; or The Official Assignee certifies that the debtor is unable to repay the debt. Can I Sue Someone After Making Them Bankrupt? In short, no. After a bankruptcy order has been made against a debtor, creditors are not permitted to commence legal proceedings in respect of debt recovery against the bankrupt. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How Much Does It Cost For File For Bankruptcy? A deposit of $1,850 is required to be paid to the Official Assignee by the creditor or debtor to administer to the debtor’s estate, should one wish to file for bankruptcy. Should the bankruptcy application filed by the creditor be successful, the creditor may be able to recover his debt in its entirety, If there are sufficient funds in the bankruptcy estate. Should the bankruptcy application be successful, the deposit of $1,850 shall not be refunded to the applicant, i.e. the creditor or debtor. However, if the bankruptcy application is deemed dismissed or withdrawn, the Official Assignee shall refund the sum of $1,800 to the applicant, with $50 deducted for administrative costs. It should be noted that if one hires a lawyer to draft such a bankruptcy application, one shall incur legal professional fees, in addition to the deposit amount of $1,850. However, as the paperwork for the application can be rather voluminous or tedious, and for the sake of ensuring the application is not filed wrongly, it may be best the engage lawyers to draft and file the application. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Can I engage a lawyer to help me? Should you decide to engage a law firm, your lawyer may issue a Statutory Demand to the debtor in order to recover the debt. That is where we come in. The Statutory Demand will form part of the process should you decide to initiate legal proceedings. If the debtor fails to respond to the Letter of Demand, you may want to obtain a court judgement and enforce the collection of debt in court. How can we help you Bankruptcy in Singapore may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, and we have experienced lawyers who are well versed in Bankruptcy in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Bankruptcy, Debt Recovery, Defamation, Dispute Resolution, Employment LawHow to get out of Bankruptcy in SingaporeThere are 4 ways of doing so. If you completely undertake any of these 4 methods, your name will be either completely and immediately removed from the bankruptcy register (and thus not searchable by the public), which an Annulment; or you will become an Undischarged Bankrupt, which means your name is still on the bankruptcy register and will be removed only after some time. Just pay off all your debts The first way seems the most obvious. However, you must take note that you must not only pay off all your debts but costs incurred in the bankruptcy as well. Once that is done, the Court or the Official Assignee will issue a Certificate of Annulment. And your name is then removed from the bankruptcy register. Apply to Court for an Order of Discharge You make a formal application to Court for a discharge with a supporting affidavit and serve both documents on the Official Assignee or the private trustee managing your affairs. The Court will consider the following non-exclusive list of factors in deciding whether or not to grant you a discharge: The amount of your debt; The cause of bankruptcy; How blameworthy were you for incurring the debt; Your domestic, financial and social circumstances; Your conduct; Your monthly financial contributions to the bankruptcy estate; Your cooperation (or otherwise) with the Official Assignee; Your interests (getting discharged) weighed against the creditors’ interests (repayment of debts); and Whether there have been any objections to your discharge. If the Court grants the order for discharge, you will officially be a discharged bankrupt. Your name will still be in the bankruptcy register for another 5 years (and all your debts have been fully repaid), though. If you still have not fully repaid your debts at the end of the 5 years, your name will be on the register permanently. Feel free to contact us should you need to make an application for discharge. We are ready to advise you further. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Official Assignee issues you a Certificate of Discharge This method is not within your control. It is the Official Assignee who may discharge you, provided: At least 3 years have passed since the commencement of bankruptcy; Where the proven debts do not exceed S$500,000; You have either fully paid your target contribution, or are proven unable to do so due to extenuating circumstances (like death, or severe illness which prevents you from earning a meaningful income); and The applicable validity period has passed from the date of submission of your Statement of Affairs. The Official Assignee will consider a whole host of factors in deciding whether to discharge you, including: Whether you’ve met the Expected Dividend or Target Contribution; Whether you still have property which may be realized; How long you’ve been a bankrupt; The cause of bankruptcy; Your general conduct and cooperation in the administration of the bankruptcy; Whether you had committed any offence (for example, under the Bankruptcy Act; Insolvency, Restructuring and Dissolution Act; or Penal Code) leading up to or during the bankruptcy which adversely affected any creditor; and Whether there are valid objections from your creditors. If the Official Assignee does issue you with a Certificate of Discharge, your name will still be in the register for another 5 years. This becomes permanent if you are unable to fully pay your target contribution within the 5 years. At least 50% of your creditors who hold at least 85% of your total debt value accept your Repayment Proposal Your proposal must be formally tabled at a general meeting and accepted by at least 50% of the creditors who hold at least 75% of the total value of your debt. If the above is fulfilled, the Official Assignee will issue you with a Certificate of Discharge. As before, your name will be on the register for another 5 years. If you pay up before the 5 years, your name will be removed. If you don’t, your name will be there permanently. In some cases, you may be able to get all the creditors to agree to your proposal. In such a case, the Official Assignee will issue a Certificate of Annulment instead. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now How can we help you Bankruptcy can be very tough on you, your associates and your family. If you need advice on how to be discharged from bankruptcy, or how to go about undertaking one of the 4 methods outlined above, do contact us. We are more than willing to help. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Criminal Law, UncategorizedWHAT TO DO IF YOU’RE CHARGED FOR DRINK-DRIVINGWhatever happens, do not panic. With some clear thought and guidance from an experienced lawyer, you may be able to reduce and mitigate the consequences of your indiscretion. The first step is to understand the charges against you. What is Drink-Driving and What are the Punishments? Section 67 of the Road Traffic Act sets out the offence for driving on a road or other public place while under the influence of alcohol or other intoxicants. There are two ways you may be found to have committed the act of drink-driving: When a breathalyzer test or blood test is performed on you, and you have been found to exceed the legal limits (which are 35microgrammes of alcohol in 100 millilitres of breath or 80 milligrammes of alcohol in 100 millilitres of blood). When you are found unfit to drive because you are so drunk that you are incapable of having proper control of the vehicle you are driving or riding. No breathalyzer or blood tests are necessary to charge you for this. A first-time offender may be liable to a fine of between $2,000 and $10,000 and/or imprisonment for up to 1 year. The offender’s driving licence will also be revoked for at least two years. The offender may escape a prison sentence. A repeat offender faces a fine of between $5,000 and $20,000 and up to 2 years’ imprisonment. The offender’s driving licence will be revoked for a minimum of 5 years. The offender will not escape a prison sentence. What Sentence Will You Get? As always, this depends on many factors, which include prior offences, including traffic offences the need to deter the general public from drink-driving the need to rehabilitate offenders aggravating factors (for example, an offender may have resisted arrest and behaved badly to police officers) mitigating factors (for example, the offender has shown his remorse by compensating an injured victim, may have been an upstanding citizen with years of philanthropic work). 3 of the more important factors considered by the court for drink-driving offences are: The nature and extent of actual or potential harm caused by the offence Here, the court will consider the nature and degree of harm caused by the drink-driving, including property damage, physical injury and even loss of life. The driver’s culpability (or fault) for the offence Here, the court will consider how blameworthy or culpable you are for drink-driving. It does this by considering how drunk you were with reference to the breathalyzer or blood tests results, with the assumption that the higher the alcohol level, the harsher the punishment should be. The court will also look into the circumstances of your choice to drink and drive and all relevant behaviour leading up to being charged in court. Your Antecedents (previous offences) Another thing the courts consider in all criminal prosecutions and drink-driving cases are antecedents (or your previous convictions and offences). Even minor, compoundable traffic offences will be taken into account by the courts as. An aggravating factor under Section 139AA of the Road traffic Act. Under Section 67A of the Road Traffic Act, the aggravated sentence may even be up to 3 times the usual sentence if you have antecedents which are serious road traffic offences. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Do You Have Any Defence? Whether we like it or not, the laws of Singapore and its courts are very tough on drink-driving. Excuses like you only drank a little bit, you drove only a short distance, no damage or injury was caused, etc will not be entertained by the courts. The only real way to defend against a drink-driving charge is proving that you had taken the alcohol only after you had stopped driving or after you had stopped attempting to drive (as recognized in Section 71A of the Road Traffic Act). However, you need to be very careful – if you’re in charge of a vehicle while being drunk, but not driving it, you may still be committing an offence under Section 68 of the Road Traffic Act. Another valid defence is to challenge the breathalyzer or blood test results. Both defences are very rarely used, and very rarely successful. What Are The Other Charges That Sometimes Accompany a Drink-Driving Charge? In many cases, especially the more serious drink-driving charges which involved an accident, property damage or injuries, some other charges are also levelled by the prosecution against the offender. These include: Reckless or dangerous driving, an offence under Section 64 of the Road Traffic Act Driving without due care or reasonable consideration, an offence under Section 65 of the Road Traffic Act Failure to stop the vehicle upon being involved in an accident, an offence under Section 84 of the Road Traffic Act Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now What Can a Lawyer Do For You? If you have been charged with drink-driving, Lions Chambers LLC can assist you by: Confirming that the charge details are accurate (i.e. confirming that you are indeed charged for an offence you have committed) Negotiate with prosecutors and the judge on bail and sentencing Negotiating with the prosecutors to replace the charge with a less serious charge Reduce the number of charges you face Reduce the sentence you face How can we help you Criminal Defence for Drink Driving in Singapore is a delicate issue and technical for you to fully understand alone. We understand that going through such an event in your life is difficult. Worry not, at Lions Chambers LLC, we have experienced lawyers well-versed in Criminal Defence in Singapore. We will be able to guide you through the process and explain to you each and every stage the matter. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView Corporate Law, Debt Recovery, Dispute Resolution, Employment Law, TenancyReceived a Writ of Summons?What is a Writ of Summons? A Writ of Summons is a formal court document that begins civil legal proceedings (a lawsuit) against you. It is basically a document from someone with a claim against you, launching a lawsuit. If you want to defend yourself against this claim, the Writ of Summons requires you to appear in Court. The Writ of Summons is normally accompanied by a Statement of Claim. The Statement of Claims briefly sets out the nature of the claim, the important facts, events and documents which support the claim in law, and the reliefs sought by the Plaintiff. If the Writ of Summons is not accompanied by the Statement of Claim, the Writ of Summons may nevertheless contain a summary of the facts relied on by the Plaintiff. Once the Defendant enters an appearance, the Plaintiff has 14 days to serve the Statement of Claim on the Defendant. To Contest a Writ of Summons or Not Once you are served with a Writ of Summons, you basically have 3 choices – you can ignore the claim, accept it or contest it. Never Ignore a Writ of Summons Writs of Summons are normally served at your doorstep or in person. It is quite difficult to ignore such an important court document. Whatever happens, never ignore a Writ of Summons. If you do, the plaintiff will apply to obtain a Judgement in default of appearance against you, which means you will be liable to pay the plaintiff the reliefs sought by them. The Court considers your failure to engage in the civil proceedings as your acceptance of the Plaintiff’s claims, and it may grant all of the Plaintiff’s claimed reliefs (which could include serious matters like a declaration that your property is no longer yours, for example). Although it is possible to set aside a judgment given in default of your appearance, this is rarely granted in Singapore, and is a long and costly process. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Accepting the Plaintiff’s Claims If you are not disputing the claim and accept the Plaintiff’s account of events and the reliefs he claims, you can contact the Plaintiff or his lawyer to negotiate a settlement. Nevertheless, it is highly advisable that you still enter appearance by filing and serving a Memorandum of Appearance. Contesting the Plaintiff’s Claims If you wish to defend yourself against the lawsuit, you have to ‘enter an appearance’ within 8 days of receiving the Writ Of Summons. If you are overseas, you have 21 days (or some other time frame stated in the Writ of Summons). Entering an appearance is normally done by engaging a law firm in Singapore to file and serve a Memorandum Of Appearance on the Plaintiff. This is a formal document which informs the court and the Plaintiff that you wish to participate in the legal proceedings and/or contest the claim. Defence and/or Counterclaim If the claim against you as set out in the Statement of Claim (which normally accompanies a Writ of Summons) is unfounded, incomplete, unreasonable, or you feel that you have claims of your own to make against the Plaintiff, you may choose to contest the claim by filing and serving your Defence and/or Counterclaim. Both the Defence and the Counterclaim are normally filed together. The Defence and/or Counterclaim must be filed within 22 days of being served with the Writ of Summons. Once this is done, you and the Plaintiff will be guided by your lawyers and the court through the pre-trial, setting down, trial and judgment stages of the legal proceedings. Take note that the 22 days do not start from the date you enter appearance. If you would like to avoid further legal proceedings and their attendants costs, or if you think your objections to the plaintiff’s claims are weak (but present nevertheless), you may want to contact the Plaintiff’s solicitors to negotiate on a settlement. Need Advice ? Speak to a Lawyer Now At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you. WhatsApp Us Now Always Approach a Lawyer First Whatever the nature of the claim against you set out in the Writ of Summons and the Statement of Claims, we would strongly advise you to seek legal advice to save time and costs in the long run. An experienced lawyer should be able to advise you on how your opinions on the matter, your version of events and the evidence you may have in your possession would be seen in the eyes of the law. This process would assist you in deciding how best to contest the claim and what to include or leave out from your Defence and/or Counterclaim. How We Can Help You Being trapped in a lawsuit can be distressing for both you and the ones you love. With the wrong step, you could lose things important to you. This is where we come in. At Lions Chambers LLC, we have experienced lawyers who are patient and well-versed with the legal system in Singapore. We will guide you through the process and explain to you each and every stage of your matter, and see you to safety on the other side. Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.... LCLLCView
