Singapore legislation
Section 55
Section 55
Proceedings for recovery of arrears
(1)
For the recovery of arrears, the Director‑General has and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, the following powers:
the Director-General may issue a warrant of attachment and may seize by virtue of the warrant 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; (b)the Director-General may, by notice of sale to be served or published in the prescribed manner, declare his or her intention to sell, at the expiry 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 expiry of that period, the arrears have not been paid or satisfied, the Director‑General may sell by public auction, in lots or otherwise, the whole of the premises or any portion of the premises or any interest in the premises as he or she considers sufficient for the recovery of the arrears and costs.
(2)
The Director-General must not proceed under subsection (1)(b) to sell the premises in respect of which the arrears are due, or any portion of the premises or interest in the premises, where there is or are upon the premises and liable to be seized and sold under subsection (1)(a) any movable property or crops belonging to the owner of a value estimated by the Director‑General to be sufficient to realise the sum required to satisfy the arrears and costs.
(3)
Any tenant, subtenant or occupier (A) who, in order to avoid the seizure or sale of A’s property for 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 A from the rent due or to become due by A to A’s immediate landlord on account of the premises or any part of the premises that is held or occupied by A, and may retain possession until that amount has been fully reimbursed to A whether by deduction from the rent or otherwise.
(4)
Any tenant or subtenant who has reimbursed, whether by allowing a deduction from the tenant’s or subtenant’s rent or otherwise, any subtenant or occupier holding or occupying under the tenant or subtenant the amount so paid by that subtenant or occupier has a similar right to deduct the amount from the rent due or to become due to the tenant’s or subtenant’s immediate landlord and to retain possession until similarly reimbursed.
(5)
The receipt by any authorised officer of any amount so paid by any such tenant, subtenant or occupier is deemed an acquittance in full for the like amount of rent.
(6)
If any premises in respect of which arrears are due, or any movable property or crops that 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‑General is unable to exercise the remedies conferred under subsections (1) to (5), the Director‑General —
may notify the Sheriff or the bailiff of the court concerned of the amount of the arrears; and
is 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‑General is, unless it is disputed by the judgment debtor, conclusive evidence of the amount of such arrears, and (in case of dispute) the amount is to be summarily determined by a Magistrate’s Court.
(8)
Where any premises which is not registered land is sold under subsection (1)(b), the Director‑General has the power to execute the conveyance and the purchaser of the premises need 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)
Section 144 of the Land Titles Act 1993 applies, with the necessary modifications, to any premises sold under subsection (1)(b) which is registered land.