SGHOUSING.COM 新加坡房地产网

FORMER DISTRICT JUDGE CALLS FOR CRACKDOWN:

It is time we come down hard on cheating landlords. The call comes from none other than prominent lawyer and former district judge Edmond Pereira.

Responding to queries from The New Paper on the increase in such cases, Mr Pereira has suggested harsher sentences to act as a deterrent to these landlords.

These cheats prey on unsuspecting tenants, collect rents from different parties and then vanish before the tenants can move in.

Five such cases were reported in the media recently. A couple from India was cheated twice, by two different landlords.

In a recent case, one rental cheat made away with more than $6,000 in rent paid to her by two parties. (See report at right).

Mr Pereira said: ‘We have to get tough on them and take some hard measures, otherwise, innocent tenants will lose out.’

Some measures suggested by Mr Pereira included not allowing such landlords to acquire another Housing Board unit for the next five to 10 years and confiscating their flat.

He said: ‘Hopefully, such measures will wake them up. With the possibility of losing their property, perhaps they will think twice before cheating people.’

Mr Seah Seng Choon, executive director of the Consumers Association of Singapore, agreed that such landlords should not be let off easily.

He said: ‘In the most recent case, the new tenants should have spoken to the existing tenants to verify when their lease would expire, and confirm whether the claim made by the agent and the landlord tallied with what they were told.

‘They should also have asked to see documents proving the ownership of the house, and in this case, a lawyer’s letter authorising this person to rent out the house.’

Mr Jeffhery Foo Chee Keong, council president of the Institute of Estate Agents, urged property agents to ‘do their due diligence to check on landlords’, as that is the recourse for tenants if they were to fall prey to such cheats.

Lawyer Luke Lee, who was with the police as an investigator for eight years before leaving in 1989 to practise law, said: ‘This is definitely a police case. It’s a crime under section 420 of the Penal Code.

‘If the police do not do anything about this, it would encourage crime.’

The punishment for such a crime, Mr Lee said, is mandatory jail of up to seven years.

He suggested setting up a registry for all landlords intending to rent out their property. Tenants who wanted more accountability from their landlords could then request for proof of their registration with this body.

But Mr Mark Goh, another lawyer, viewed such cases as nothing more than ordinary civil disputes.

‘It is very unfair for the tenants, but they are entitled to legal redress, even if they do not have money to find their own lawyers,’ he said, adding that victims could seek help from the Law Society’s free legal services.
 
Source : New Paper - 25 Aug 2008

Where do you see this?

Mainly in newspaper reports and legal documents.
What does it mean?

An executor is the person appointed in your will who is responsible for distributing your assets to the beneficiaries when you die. To do so, he has to locate your assets such as bank accounts, insurance policies and properties.

Also, the will has to be submitted to the authorities and once approval is obtained, the executor is then empowered to act on behalf of the deceased’s estate.
Why is it important?

It is only sensible to choose someone you trust as the executor of your will. In most cases, people appoint their spouses as executors. The executor’s role can be very demanding as there are many responsibilities.

For instance, he will have to manage the selling of your assets if you have debts to settle. He must also monitor and record all income and expenses the estate pays out and receives. Depending on how contentious the beneficiaries are, it may take many years to settle an estate.

The executor is likely to engage legal assistance, especially in complex circumstances. If he manages the deceased’s estate carelessly, an executor is also liable to be sued for any action taken on behalf of the estate.
So you want to use the term? Just say…

My aunt has appointed me as the executor of her estate as she is a spinster and I’m her most-trusted niece.
 
Source : Sunday Times - 24 Aug 2008

Q My father has appointed my sister, who is a bankrupt and a divorcee, as the sole executor of his will. His intention is to ensure that my sister, who has a child, gets a certain amount of care should he die prematurely.

What will happen when my father dies? Will the authorities take this inheritance into account and consider it for distribution to my sister’s creditors?

A It is not advisable for your father to appoint your sister as sole executor of his estate. As a bankrupt, she will not be able to administer his estate or manage his assets. The Official Assignee (OA) would have been appointed to manage her financial affairs and if she is named executor, the OA will take over this function for her.

The OA will do what is necessary to obtain the grant of probate and distribute the estate to the beneficiaries in your father’s will. But it is better if your father appoints someone else to be executor and trustee of the will.

As for your second query, the OA will certainly take this inheritance into account and use it to offset your sister’s debts.

Any asset or money that she comes into possession of during the period of undischarged bankruptcy can and will be used to pay off her debts. So it would defeat the purpose of your father leaving his assets to her.

It is better if he appoints a family member or friend to be executor and trustee of the estate and establish a trust out of the estate for a monthly sum to be paid to your sister and her child.

The monthly sum payable to your sister, if it is not too much, may not be accessible to the creditors for payment of her debt.

If it is, then a reasonable portion each month may be allocated towards progressive debt payment by the OA.

Whatever is set aside for the child will not be available to the creditors. There is usually a clause to say that pending the child turning 21, his share of the estate is held on trust for his maintenance and expenses. Once the child is 21, the balance of the estate is to be given to the child absolutely.

There can be a similar provision to state that after a certain time lapse, the unspent portion of your sister’s share of the estate will be given to her absolutely.

Lim Choi Ming
Partner
KhattarWong

Advice provided in this column is not meant as a substitute for comprehensive professional advice.
 
Source : Sunday Times - 24 Aug 2008

Three devotees argue that acquisition of site off Bartley Road violated Constitution

For almost two hours yesterday, judges of the Court of Appeal heard arguments over whether the Government’s acquisition of a 65-year-old temple off Bartley Road was legal.

Lawyers representing three devotees of the Jin Long Si Temple said the acquisition of the temple site in 2003 violated the Constitution.

They also said the trio - Ms Eng Foong Ho, Mr Hue Guan Koon and Ms Ang Beng Woon - had the right to initiate court action on the matter.

Their arguments before the Court of Appeal sought to overturn a decision by the High Court in February which upheld the Government’s acquisition of the site.

Deputy Senior State Counsel Eric Chin, in countering their points, said there cannot be any breach of the Constitution when an acquisition is based on correct land planning considerations.

Both sides argued before Chief Justice Chan Sek Keong, Justice Andrew Phang and Justice V.K. Rajah.

The Appeal Court judgesquestioned them on issues related to zoning and acquisition, among other things, and will give their ruling at a later date.

The trio first challenged the Government’s acquisition in January this year. The site was acquired as part of redevelopment plans linked to the building of the Circle Line’s Bartley station.

The temple was given five years - from the time it was acquired till Jan 31 this year - to relocate. It was in talks with the authorities about an alternative site but the move was postponed following the lawsuit.
 
Source : Straits Times - 22 Aug 2008

Real estate company PNL Real Estate was charged on Tuesday with the unauthorised change of a residential apartment into a workers’ dormitory.

The premises - at Public Mansion, 432 Balestier Road - was also in breach of Section 30(1) of the Fire Safety Act.

The offence came to light in June this year.

Using wooden partitions, the 120.77 square metre apartment had been separated into 32 narrow cubicles. Close to 100 foreign workers were found living in the apartment.

Company representative, General Manager Peter Lye, was present when the charges were read out.

The court will meet again on September 2 to hear the representations from PNL’s lawyers.

If found guilty, the company could be fined a maximum S$10,000, or a representative be jailed for six months, or both. - CNA/vm

Source : Channel NewsAsia - 12 Aug 2008