Singapore legislation
Section 52
Section 52
Proceedings for recovery of arrears
(1)
For the recovery of arrears, the Board has and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, the following powers:
the Board 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 belonging to anyone 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 any prescribed manner;
the Board may, by notice of sale to be served or published in the prescribed manner, declare its intention to sell, at the end 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 end of that period, the arrears have not been paid or satisfied, the Board may sell by public auction, in lots or otherwise, the whole or such portion of the premises or such interest in the premises as it considers sufficient for the recovery of the arrears and costs.
(2)
The Board must 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 on 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 Board to be sufficient to realise the sum required to satisfy the arrears and costs.
(3)
Any tenant, subtenant or occupier who, in order to avoid the seizure or sale of his, her or its 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 from the rent due or to become due by the tenant, subtenant or occupier to his, her or its immediate landlord on account of the premises or such part of the premises as is held or occupied by the tenant, subtenant or occupier; and
may retain possession until that amount has been fully reimbursed to the tenant, subtenant or occupier whether by deduction from the rent or otherwise.
(4)
Any tenant or subtenant who has reimbursed, whether by allowing a deduction from rent or otherwise, any subtenant or occupier holding or occupying under the tenant or firstmentioned 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 firstmentioned subtenant’s immediate landlord and to retain possession until similarly reimbursed.
(5)
The receipt of any authorised officer for any amount so paid by any such tenant, subtenant or occupier is deemed an acquittance in full for the same amount of rent.
(6)
If any premises in respect of which arrears are due, or any movable property or crops mentioned in subsection (1) or the proceeds of sale thereof, are already in the custody of the law under any process of execution by which the Board is unable to exercise the remedies conferred by this section, the Board —
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 Board is, unless it is disputed by the judgment debtor, conclusive evidence of the amount of the arrears, and, in case of dispute, the amount is to be summarily determined by a Magistrate’s Court.
(8)
Where any premises (not being registered land) are sold under subsection (1)(b), the Board 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.