Singapore legislation
Section 46
Section 46
Proceedings for recovery of arrears
(1)
For the recovery of arrears the Director shall have and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act either or both of the following powers:
the Director may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay the arrears and may also seize any movable property or crops to whomever it belongs which are found on the premises in respect of which the arrears are due and may, after service of the prescribed notice, sell the same by public auction in the prescribed manner;
the Director may, by notice of sale to be served or published in the prescribed manner, declare his intention of selling, at the expiration of 3 months from the date of the notice of sale, the premises in respect of which the arrears are due and, if, at the expiration of that period, the arrears have not been paid or satisfied, the Director may sell by public auction, in lots or otherwise, the whole of the premises or such portion thereof or such interest therein as he considers sufficient for recovery of the arrears and costs.
(2)
The Director shall not proceed under subsection (1)(b) to sell the premises in respect of which the arrears are due, or any portion thereof or interest therein, where there is or are upon the premises and liable to be seized and sold under subsection (1)(a) movable property or crops belonging to the owner of a value estimated by the Director to be sufficient to realise the sum required to satisfy the arrears and costs.
(3)
Any tenant, sub-tenant or occupier who, in order to avoid the seizure or sale of his property for non-payment of arrears payable by the owner of the premises, pays the arrears and costs may thereafter, in the absence of any written agreement to the contrary, deduct the amount so paid by him from the rent due or to become due by him to his immediate landlord on account of the premises or such part thereof as is held or occupied by him, and may retain possession until that amount has been fully reimbursed to him whether by deduction from the rent or otherwise.
(4)
Any tenant or sub-tenant who has reimbursed, whether by allowing a deduction from his rent or otherwise, any sub-tenant or occupier holding or occupying under him the amount so paid by that sub-tenant or occupier shall have a similar right to deduct the amount from the rent due or to become due to his immediate landlord and to retain possession until similarly reimbursed.
(5)
The receipt of any public officer duly authorised in writing by the Director in that behalf for any amount so paid by any such tenant, sub-tenant or occupier shall be deemed an acquittance in full for the like amount of rent.
(6)
If any premises in respect of which arrears are due, or any such movable property or crops as are mentioned in subsection (1) or the proceeds of sale thereof are already in the custody of the law under any process of execution whereby the Director is unable to exercise the remedies hereinbefore conferred, the Director may notify the Sheriff or the bailiff of the court concerned of the amount of the arrears, and shall be entitled without obtaining a judgment to be paid that amount out of the proceeds of sale of the premises or property in priority to the judgment debtor and to the judgment creditor and to any other creditor except the Government.
(7)
A certificate from the Director shall, unless it is disputed by the judgment debtor, be conclusive evidence of the amount of such arrears, and, in case of dispute, the amount shall be summarily determined by a Magistrate’s Court.
(8)
Where any premises are sold pursuant to subsection (1)(b), the Director shall have the power to execute the conveyance and the purchaser of the premises shall not be concerned to inquire whether the provisions of this Act relating to the sale and the conveyance have been complied with nor otherwise to inquire into the regularity or validity of the sale and conveyance.
(9)
Subsection (8) shall not affect the application of section 127 of the Land Titles Act [Cap. 157] in relation to registered land.[45