Small Claims Tribunals

[pierre.roording]

Hello,

Thank you for reading this post.

I need your suggestion how to complete claim form.

I rent the whole unit contract from 12-Dec-2015 to On 11-Dec-2016. The handover document has been signed off on 11-Dec-2016 6pm. In the handover checklist I have one open item "All curtains to be collect and place back on Monday 12 Dec, 6pm". On December 12, 2016 at 5:41pm I asked the door pass key to install the curtain. At 6:34pm same day the curtain has been installed, the picture has been sent as per requested. By then all open item in handover checklist has been resolved.


In the contract, landlord shall refund my security deposit within 14 days at any expiry of the agreement


According to above term, I shall get security deposit on 25-Dec-2016. I tried to follow up the landlord but no luck. Now I consider "Small Claims Tribunals" which I need your suggestion how to complete the claim form.

1. Should I check both "Refund of Rental Deposit" and "Breach of Landlord’s Obligation"? or just one?


2. Can you suggest in "AND DISBURSEMENTS"? Should I add any cost occur during "Small Claims Tribunals" activity? If yes, how much should I put in the form?


Regards,
Pierre

[x9200]

I think you may check both (both are factually correct).
The 2nd question:

Disbursements are out-of-pocket expenses incurred by the Claimant in the process of pursuing his Claim at the Tribunals, and which the Claimant may present as part of his Claim. Please note that where such disbursements are claimed it is part of the amount claimed and the amount of lodgment fee which be based on the amount claimed.

Disbursements are not granted to the Claimant as of right.

Please note that unless the Registrar or Referee otherwise orders, a successful Claimant shall not recover from the Respondent more than $10 in respect of lodgment fee paid for lodging of the Claim.

Costs are different from Disbursements. Costs are usually awarded in a Court Action, other than at the Tribunals, to a party who has successfully argued or defended his case and includes time spent in preparing the case. The Referee will only award Costs, if Referee finds that the Claim is frivolous or vexatious.

http://www.ifaq.gov.sg/SUBCOURTS/apps/f ... D#FAQ_2195

[pierre.roording]

Hello x9200,

Thank you for response my post.

This is my first time for "Small Claims Tribunals". Can you suggest which amount should I put? and based on picture attached "Handover checklist" + "Security Deposit Term", do I need other document to win the claim?

Thank you in advanced.

Regards,
Pierre

[taxico]

include any and every thing that will strengthen your position. feel free to type stuff out and print them as well... or cut and paste (literally) onto the form.

you will have to include a copy of the same to your landlord. chances are, once your LL knows you're well prepared, you'll get your money back before the assigned tribunal date.

[x9200]

Pierre, I think you may include any expenses but I would not include really tiny ones (e.g. MRT or ERP charges). Say, anything >= $10 or so.

You can not claim your time and I think you may have problems claiming legal expenses if you decide to hire a lawyer (the idea of using SCT is to avoid legal representation).

When you describe the case everything should be made clear and systematic so it is easy to follow by a person who was not involved.

If you claim something, provide an evidence supporting your claim (e.g. if you point to breach of the contract, make a clear reference: TA, Clause X, Page Y).

Probably the easiest way to do it clear is to follow chronological order.

All your expenses should be also backed up with proofs you actually incurred them.

Judging from your first post, I think you should not have problem with this.

[pierre.roording]

Hello taxico and x9200,

I just got my security deposit today without go to SCT.

What I did last week is wrote a formal letter and sent to the landlord using SingPost (door to door). Here is the sample and it may help to other expats as well.
====================================================================================
December 29, 2016

Landlord's name
20 Kay Poh Road, #99-99
Singapore 248969

Dear Mr. Landlord,

I am writing this letter to notify you that, as per the contractual obligations of the tenancy agreement, and the condition of the unit, as documented in the handover checklist, that I am within my rights to demand the return of my security deposit.

As you know, until December 11, 2016, I resided on 2 Shanghai Road, #99-99 RV Edge, Singapore 248209 and paid my rent to your bank account on a timely manner. Back to December 12, 2015 I had a very bad experience on the day I moved in. That time the unit was completely not ready for us to stay. The unit condition was a bit dirty, no curtain, and the dining table was nowhere to be found. That time I decided to stay in the hotel for two nights. I claimed hotel expense but you reimbursed one night only. I and my wife had to force ourselves to stay in the unit without curtain and had no privacy at all. Talking about dining table, I had to contact a technician to install and I paid the cost at my own pocket without disturb everyone in the group. Four (4) days later, curtain delivery came and installed. By then the unit condition got better.

On December 11, 2016 at 6:00pm when I moved out, I left the unit cleaner than it was when I first moved in. During the unit inspection, we had one (1) open item “All curtains to be collect and place back on Monday 12 Dec, 6pm” in the signed off handover checklist. On December 12, 2016 at 5:41pm I asked the door pass key to install the curtain. At 6:34pm same day the curtain has been installed, the picture has been sent as per requested. By then all open item in handover checklist has been resolved.

According to Legal Advice, once handover checklist signed off is done, anything after is the landlord's responsibility. Legal Advice also suggested me to write you a formal letter which is why I am writing to you and try to negotiate before we have to spend our time in the court. Please be aware that the “Signed off Handover Checklist” and “WhatsApp Group Chat” which I shared with Legal Advice during initial consultation are a concrete evident if we both decide go to “Court”.

Please note that from the date I moved out December 11, 2016 until this letter date, as per the contractual obligations, you are now overdue five (5) days returning my deposit. The security deposit amounting $2,200 shall be refunded to my bank account immediate without any delay.

If you do not comply with the requests outlined above within five (5) days of the date of this letter, I will be left with no choice but to take the matter to the State Courts of Singapore.

Sincerely,
Pierre Rooding
====================================================================================

[x9200]

Good to hear it ended up this way and congratulations. You did it exactly the way it should be done.

[PNGMK]

"State Court of Singapore"... not quite but well done.

[pierre.roording]

"State Court of Singapore"... not quite but well done.

I used this work to scare LL and it work https://statecourts.gov.sg

[x9200]

Actually it is less about scaring but making them realize you are not going to buy their sh*t and you can handle the problem also on the legal ground.
I managed to get some issues solved with similar letter where my LL was a lawyer.

[PNGMK]

"State Court of Singapore"... not quite but well done.

I used this work to scare LL and it work https://statecourts.gov.sg

Sweet. Arwi needs to learn from you.

[martincymru]

Well done OP.

What I have done is complete all the forms, copy and post to the LL. I hold for a few days.

The LL then knows I am serious = paid! Worked twice for me in the past.

[pierre.roording]

Actually it is less about scaring but making them realize you are not going to buy their sh*t and you can handle the problem also on the legal ground.
I managed to get some issues solved with similar letter where my LL was a lawyer.

LL was a lawyer...he knew what happen next but still breach the agreement...I want to see those kind of LL enjoy their life in prison.

[pierre.roording]

Well done OP.

What I have done is complete all the forms, copy and post to the LL. I hold for a few days.

The LL then knows I am serious = paid! Worked twice for me in the past.

Yes I attached all the WhatApp history + handover checklist and other evidents along with the letter. Initially I'm not expect this way work that why I prepare SCT form just in case LL not response. Chinese LL + Chinese Agent ==> we have to be well prepare with them...anything must document.

[pierre.roording]

"State Court of Singapore"... not quite but well done.

I used this work to scare LL and it work https://statecourts.gov.sg

Sweet. Arwi needs to learn from you.

Don't forget to attached all evident along with the letter...told the LL those are concrete to play the court game. If it's still no luck then go straight to SCT