Singapore legislation
Clause 157
Clause 157
Proceedings for recovery of arrears
(1)
For the recovery of arrears the authority shall have and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Ordinance, either or both of the powers following, that is to say —
the authority 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 any crops to whomsoever belonging 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 authority may, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, at the expiration of three months from the date of such notice of sale, the premises in respect of which the arrears are due and, if, at the expiration of such period, such arrears have not been paid or satisfied, the authority may sell by public auction, in lots or otherwise, the whole of such premises or such portion thereof or such interest therein as it deems sufficient for recovery of such arrears and costs:Provided that the authority shall not proceed under paragraph (b) of this subsection 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 paragraph (a) of this subsection movable property or crops belonging to the owner of a value estimated by the authority to be sufficient to realize the sum required to satisfy the arrears and costs.
(2)
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 such 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 such amount has been fully reimbursed to him whether by deduction from the rent or otherwise. Any tenant or sub-tenant who shall have 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 such 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.
(3)
The receipt of any duly authorised public officer 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.
(4)
If any premises in respect of which arrears are due, or any such movable property or crops as are mentioned in subsection (1) of this section or the proceeds of sale thereof are already in the custody of the law under any process of execution whereby the authority is unable to exercise the remedies hereinbefore conferred, the authority 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 such amount out of the proceeds of sale of such premises or property in priority to the judgment debtor and to the judgment creditor and to any other creditor, except the Government. A certificate from the authority shall, unless the same be 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.