Singapore Expats

Hi everyone,
Needed a little help to understand how to handle the issue.
Our ex - landlord, deducted a huge amount from our security deposit without giving us any receipts at the time. As per the TA she was to return the amount in 14 days but she gave us the deducted money after 18 days.
After we voiced our concerns, she got aggressive and told us she will go ahead and charge us more.
- she put the case in SCT blaming us for everything from mold to leakage. She kept changing her amount (adding more to it in every hearing).
Most of these damages are due to the condo being next to the sea and 20 years old. There has been no renovations/painting done in the apartment in all these years and all the neighbours had similar problems
I want to understand from you

• is she in her legal rights to claim more money from us after the stipulated period in the TA
  None of these issues, that she is suing us for were mentioned during security deposit returning period, and were only told to us after around 3 or 4 weeks after our leaving and only when we voiced our concerns

It will be good to understand how to build our case because it seems she is doing this so she can take money out from us to maintain her 20 year old property

I would think you need a good lawyer who is well versed in the tenancy agreement. But again, am not sure what your TA entails. May be pro-landlord.

Maybe Pal can pitch in with a bit of help here. I've sent him a heads up.

Hi, thanks for reply. Who is Pal?

Hi, that's me.

Landlord is wrong for these few points:

- Deducted deposit without receipt
- Returned deposit after the TA stipulated 14 days

The Landlord must be really furious to lodge a claim at the Small Claims Tribunal to claim for more.

Questions:

1. Do you have any agent representing you at the handover of the property? If you have an agent, he/she can dispute the damage claim.

2. Do you have photos of the condition of the property when you took over the premises? This will help to prove that the damages are not caused by you.

If not you can try to claim that the defects, leakage, mould issues are not highlighted during the handover and could have occurred during the vacant period.

You can also argue that in Singapore climate, moulds are due to extreme humidity and Landlord should ensure that the property is mould free by applying anti-mould paint or sealer to the property. As this issue is harmful to you and your family well being.

As for leakage, you can argue that it was never there and not highlighted or discovered during the handover. FYI, any internal piping leakage is the responsibility of the Landlord including the water heater.

Hope the above helps.

Thanks Pal for your response. To answer your questions, we don’t have an agent, but we do have some pictures though not a lot, especially since we knew we are going to an old condo hence never expected it to be in the top condition.
On mould and leakage that will exactly be our argument, as I have proof of lots of complaints the other residents have for the same issues in the condo

Last question - in one of her claims, she has made up a complete lie of the window mosquito nets missing (no mention of this during handover).Fortunately we have a picture shared by her agent after handover which shows these nets. Isn’t such false claims contempt of court? Because that’s a blatant lie which can be easily proven.

Try to print out some chats or proof from other residents also having mold issues and bring to the hearing.

As for the nets, I am confused. Landlord claimed that the net is missing? So how will the agent's photo showing there are nets helping you?

So the landlord claimed that we have taken all the nets with us and is putting a huge amount against it, saying that she has to buy all new ones. Now we have the photo from her agent after we had moved out saying that one of the nets is a little broken from the corner, proving that the nets were all there. This seems like a contempt of court as this is an outright lie. Because this is something we can easily prove, doesn’t this affect her whole case? If she can make up one lie like this, what is stopping her from making others

Oh ok, that is bad.

Again, screenshot on all the photos and chats to prove your case.

At the end of the day, the tribunal will mediate the dispute between the parties, trust the tribunal to remain fair and just as long as you have all the evidence.

Don't understand why the Landlord has gone such length to demand more costs from you.

Keep us updated on the outcome ok?

SCT are very fair handed. You do not need a solicitor (they are not even allowed in to the SCT). I would say the SCT are aware of the asshole tricks LL play and will negotiate a fair settlement. BTW work on "fair wear and tear". Properties will be used and suffer some wear during a tenancy and it is NOT your responsibility to pay for that - the LL is allowed to claim depreciation as part of their costs when they pay tax on the rental income after all.