Town Councils Act 1988 · 2020 Revised Edition · Part 4A · Lift Upgrading Works
35. Application of proceeds of sale of flat
Feedback & supportLast amended by an amending law of 2005.
The moneys received by a Town Council in exercise of its power of sale under section 34(5), after discharging all prior encumbrances, must be held by it in trust to be applied —
Town Council
“Town Council”, in relation to a Town, means the Town Council established under section 4 for that Town;
firstly, in payment of all costs and expenses properly and reasonably incurred by the Town Council as incidental to the sale or any attempted sale, or otherwise;
secondly, in payment to the Central Provident Fund Board of all moneys secured by its charge constituted under section 21 or 21B of the Central Provident Fund Act 1953 and are mentioned in section 34(4);
Board
“Board” means the Housing and Development Board established under the Housing and Development Act 1959;
thirdly, in payment to the Board of such moneys due under the lease of the flat to the Board as are mentioned in section 34(4);
lease
“lease” includes an agreement for a lease or tenancy and “leased” is to be construed accordingly;
fourthly, in payment to the Board of all moneys secured by its charge on the flat (if any) under section 82 of the Housing and Development Act 1959 for unpaid improvement contribution, and in payment to the Town Council of all moneys secured by its charge on the flat (if any), in the order of their priority;
flat
“flat” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, which is used or intended to be used as a complete and separate unit for the purpose of human habitation or business;
fifthly, in discharge, equally and without preference, of —
the conservancy and service charges and interest accrued and due to the Town Council at the date of the sale; and
charges
“charges” means the conservancy and service charges levied by a Town Council under section 53;
any improvement contribution (including any interest and penalty thereon) accrued and due to the Town Council at the date of the sale, whether or not secured by any charge under section 32;
improvement contribution
“improvement contribution” means the costs in respect of lift upgrading works recoverable by a Town Council from the owner of a flat or a Town Council under section 32;
sixthly, in discharge of any improvement contribution (including any interest and penalty thereon) accrued and due to the Board at the date of the sale, which is not secured by any charge under section 78 of the Housing and Development Act 1959;
seventhly, in payment of subsequent mortgages and charges (if any) in the order of their priority; and
finally, the residue of such moneys so received must be paid to the person who appears from the land‑register kept under the Land Titles Act 1993 to be entitled to the flat sold or to be authorised to give receipts for the proceeds of the sale thereof.[24G