Controlled Premises (Special Provisions) Act

This Act may be cited as the Controlled Premises (Special Provisions) Act.

In this Act, unless the context otherwise requires —“Board” means the Tenants’ Compensation Board constituted under section 6;“Chairman” means the Chairman of the Board;“conservation area” has the same meaning as in the Planning Act [Cap. 232];“controlled premises” or “premises” means any dwelling-house, flat, factory, warehouse, office, counting house, shop, school and any other building, whether of permanent or temporary construction in which persons are employed, and any part of any such building let or sublet separately and includes any land whereon any such building is or has been erected with the consent of the landlord that is subject to control under the Control of Rent Act [Cap. 58] and is situated in a designated development area;“Deputy Chairman” means a Deputy Chairman appointed under section 6(1);“designated development area” means an area designated for development by the Minister under section 3(1);“develop” means to carry out —

any building, engineering or other operations in, on or over land; or

any renovation or building works on any premises situated within a conservation area which would enhance or restore the character or appearance of those premises,in accordance with a plan for development; and “development” shall be construed accordingly;“landlord” means the landlord of controlled premises in respect of which a tenancy exists and includes the landlord of a statutory tenant;“occupier” means the person referred to in section 11(1);“plan for development” means a plan for development approved by any person authorised by the Minister for the purpose and includes any subsequent modifications or alterations to a plan for development that may be approved by that person;“rent” means the total amount paid by the tenant to the landlord in consideration of the enjoyment of the premises let to him, whether described as rent or not, and includes any sum paid as hire for the use of furniture where controlled premises are let furnished or where controlled premises are let and the furniture therein is hired by the landlord to the tenant;“statutory tenant” has the same meaning as in Part IV of the Control of Rent Act [Cap. 58];“tenancy” means any lease, demise, letting or holding of controlled premises whether in writing or otherwise, by virtue whereof the relationship of landlord and tenant is created, but does not include the letting or hiring of furnished rooms with board;“tenant” means the tenant of controlled premises in respect of which a tenancy exists and includes a statutory tenant and in the case of a sub-tenancy a sub-tenant to whom the controlled premises or part thereof is sublet.

The Minister may, by notification in the Gazette, declare any part of Singapore to be a designated development area for the purposes of this Act.

The notification referred to in subsection (1) shall state that a plan for development and more particular description of the part of Singapore that is referred to in the notification may be inspected at such place or places as are specified in the notification.

Upon publication of the notification in the Gazette, that part of Singapore referred to in the notification shall become a designated development area for the purposes of this Act.

Notwithstanding the provisions of any written law but subject to the provisions of this Act, a landlord of any controlled premises may, upon payment of the prescribed fee, apply in writing to the Board for the recovery of the possession thereof if —

Every application made under subsection (1) shall be supported by —

The Board, after considering the application made under subsection (1) and upon being satisfied as to the matters referred to in subsection (2), may grant the application and make an order accordingly for the landlord to recover possession of the controlled premises.

The Board may make an order for the landlord to recover possession of the controlled premises under this section (and the provisions of this Act including the provisions with regard to development shall then apply to the premises) notwithstanding the fact that a question of law concerning the landlord’s liability to pay or a person’s right to receive compensation has arisen on the application or in the course of the proceedings before the Board, and has been transmitted to the High Court for determination under section 17 or 18.

Where a question of law, as described in subsection (4), is to be determined by the High Court, the Board may call upon the landlord to deposit such amount of money as the Board may decide is necessary to meet any award of compensation that might be made by the Board consequent upon the High Court’s determination of the question of law.

In the event of the High Court deciding the question of law in the landlord’s favour, the Board shall thereupon return the deposit to the landlord.

Where the Board makes an order for the recovery of possession of any controlled premises, the following provisions shall apply:

Upon vacating those controlled premises, the compensation awarded under sections 8 and 11 and deposited under this section shall be paid by the Board to each of the persons entitled to compensation or any apportionment thereof under this Act.

Where a tenant fails to vacate those controlled premises within the period of 90 days of the making of the order, or within such further period as the Board has allowed, the Board may, without further order, take such measures (including the calling for the assistance of the police) as are necessary to have the tenant evicted from the controlled premises.

The premises vacated under this section shall not be used by the landlord for any purpose other than effecting development in accordance with the plan approved for that purpose and until such development is commenced the premises shall not be sold, leased, or otherwise disposed of, without the consent in writing of the Board.

Any tenant who without just cause fails to vacate the controlled premises in contravention of an order made under this section and any landlord who in contravention of subsection (10) uses any premises, the possession of which is recovered under this section, otherwise than for the purpose of effecting development in accordance with a plan approved for that purpose, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of $100 for every day during which the contravention continues after conviction.

Where a landlord who has recovered possession of controlled premises pursuant to an order under section 4 fails or neglects without reasonable cause (the burden of proof whereof shall lie upon the landlord) —

Where a landlord satisfies the Board that reasonable cause exists for his not commencing development under subsection (1)(a) or completing development under subsection (1)(b), as the case may be, the Board may consider any scheme whether proposed by the landlord or another person whereby the development of the premises may be commenced and completed in accordance with the plan for development and may approve any such scheme subject to such modifications, alterations and conditions as the Board may decide.

In this section, any question or dispute as to whether a landlord has commenced development or completed development shall be investigated by the Building Authority, who shall certify to the Board its opinion as to whether the development has been commenced or completed, as the case may be.

In subsection (3), “Building Authority” has the same meaning as in the Building Control Act [Cap. 29].

Where a direction has been made under subsection (1), the premises may be acquired in accordance with any written law relating to the acquisition of land for residential, commercial or industrial purposes and any declaration required under any such law that the land is so needed may be made notwithstanding that compensation has been paid by the landlord to any tenant under this Act or an ex gratia payment made to any other person.

Such a direction shall have effect as if it were a declaration that the premises are needed for residential, commercial or industrial purposes made under section 5 of the Land Acquisition Act [Cap. 152], and the provisions of that Act shall, subject to subsection (7), apply mutatis mutandis to a direction under this section as they apply to a declaration under that Act.

Where premises are acquired pursuant to a direction of the President under this section, the value of the premises shall be deemed to be the market value of the premises as on the date of the landlord’s application to recover possession of the premises made under section 4.