SINGAPORE Law and Practice Contributed by: Dorothy Marie Ng, Monica Yip, Tay Peng Cheng and Tan Shao Tong, WongPartnership LLP
given subject to terms and conditions. Condi - tions imposed for consent may range from a fee or levy payable to increased rents or a require - ment for the sharing of profits from the sub-let rents. 6.19 Right to Terminate a Lease Whilst a tenant would typically have minimal or no right to terminate the lease, the landlord would be able to terminate the lease and exer - cise the right of re-entry if any of the following occurs: • non-payment of rent or other sums payable under the lease; • breach of any term or condition of the lease; • compulsory land acquisition by the authori - ties; • major damage and destruction of the building in which the leased premises are comprised; • insolvency of the tenant; or A lease of land for a period exceeding seven years shall be void under Singapore law unless it is made by deed in the English language. There is no formal requirement for the registration of leases, but a lease of registered land for a term exceeding seven years may be registered under the land registration system. A registration fee is payable by the party submitting the lease for registration. 6.21 Forced Eviction A typical lease will provide for the landlord to determine the lease and exercise the right of re- entry in respect of the premises if any event of default on the part of the tenant occurs. The Conveyancing and Law of Property Act 1886 (CLPA) governs the exercise of a land - • a prolonged force majeure event. 6.20 Registration Requirements
lord’s right of forfeiture, including prescribing for notice requirements. Where the requirements are complied with, the landlord may then exercise its right of re-entry. Re-entry is usually effected by the issuance of a writ of possession (a process by which the landlord seeks from the court the right to serve an order requiring the tenant to leave the premises), but the landlord is entitled to effect peaceable re-entry and take possession of the property if the lease provides for it. Upon the purported exercise by the landlord of a right to forfeit the lease, the tenant may apply to court for relief from forfeiture, pursuant to the CLPA. Specifically with regard to a situation where rent has not been paid, after the court has ordered the tenant to return possession to the landlord, the tenant has to pay the rent in arrears; if the tenant does so, the tenant may continue to hold on to the lease. The total duration required before the land - lord regains possession will depend largely on whether the statutory requirements have been complied with by the landlord, the complexity of the claim, whether the tenant seeks relief from the forfeiture and whether the tenant has paid outstanding rent prior to the landlord’s posses - sion. 6.22 Termination by a Third Party As mentioned in 2.9 Condemnation, Expro- priation or Compulsory Purchase , land may be compulsorily acquired. The length of the com - pulsory acquisition process will depend on the urgency with which the real estate is needed by the State or relevant agencies, and whether there are objections from the persons concerned. 6.23 Remedies/Damages for Breach Where a tenant is in breach of the lease and such lease is terminated, while there is gener -
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