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Small Claims Tribunal Mediation

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Mom_In_SG
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Small Claims Tribunal Mediation

Post by Mom_In_SG » Tue, 26 Nov 2019 9:55 am

Dear all,

We've reached the end of our 2 years of Tenancy Agreement and currently dealing with unit handover to the landlord after more than 5 years of staying in the same unit (2x renewal).

As per landlord's request, we went through pre-handover inspection prior to the end of tenancy with their rep agent present and they came with a list of items to rectify, inviting contractors to come up with quotations.

Final quotation coming from the agent is surprisingly high, more than the security deposit we placed, as it includes big ticket items such as fresh repainting, floor repolishing, door repainting.

I find it surprising as we have been diligently maintaining the unit and they have been more than welcoming us to renew each time the tenancy ended in the past.

I find it especially unacceptable for them to include repainting and repolishing as none of the them were done in the beginning of our tenancy and giving us the impression that all the hard work we've done to maintain the unit is useless.

I plan to file a complain to Small Claims Tribunals as i read that most disputes of similar nature can be mediated relatively simply by SCT.

Could any member with similar experience share theirs as this is completely new to me, although i trust Singapore justice system is fair and transparent, i'd like to be ready to know possible scenarios involved in bringing up the case to SCT's attention.

Cheers.

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PNGMK
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Re: Small Claims Tribunal Mediation

Post by PNGMK » Tue, 26 Nov 2019 10:02 am

Search in our posts. Prepare your documentation and go for it. You will almost certainly settle at a point somewhere in between what the LL wants and what you want but better than now.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
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You need Tax advice? Ask a CPA
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Mom_In_SG
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Re: Small Claims Tribunal Mediation

Post by Mom_In_SG » Tue, 26 Nov 2019 10:12 am

Thanks, i'm prepared to settle on a certain figure as we consider it to be our obligation. But i feel such big ticket items are excessively proposed.

Do you have an idea of how long is it typically for such case to be completely resolved?

It's really disappointing as we wish to part in good terms only to have to settle with such claims.

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Max Headroom
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Re: Small Claims Tribunal Mediation

Post by Max Headroom » Tue, 26 Nov 2019 10:33 am

I'm not nearly as much in the know as some of the experts here, but do I understand correctly that your LL wants the place handed over, after a 2 year lease, in the same shape it was rented out 2 years ago? Because if so, I'd tell him to shove it.

Unless, say, your kids knocked into the walls and doors repeatedly with their transformers, resulting in the walls and doors no longer being presentable, then general upkeep of the place, including polishing of the floor and painting of doors etc is wholly on the LL. AFAIC, it's part and parcel of renting out a place, given normal wear and tear.

This is what I know, again, based on my limited knowledge of the law though. But it's also the most common sense I reckon.

If you go to CASE, my money is on you not having to pay anything. Unless the transformer rule above applies of course.







Edit: Syntax amendment.

Mom_In_SG
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Re: Small Claims Tribunal Mediation

Post by Mom_In_SG » Tue, 26 Nov 2019 10:43 am

Thanks, and yes all are presentable (in tenancy agreement's term: tenantable condition), proven by the fact that they received 2 offers higher than current amount we are paying from potential tenants (they offered us to renew and raised the rent before we decided to end the contract).

It's beyond my ability to present an argument to put common sense to people that by end of contract, a unit being used will not be in better condition than the beginning.

I have yet counter-proposed a figure, but even if i do it will not be anywhere near their Christmas wish list.

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PNGMK
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Re: Small Claims Tribunal Mediation

Post by PNGMK » Tue, 26 Nov 2019 11:42 am

Mom_In_SG wrote:
Tue, 26 Nov 2019 10:12 am
Thanks, i'm prepared to settle on a certain figure as we consider it to be our obligation. But i feel such big ticket items are excessively proposed.

Do you have an idea of how long is it typically for such case to be completely resolved?

It's really disappointing as we wish to part in good terms only to have to settle with such claims.
About six weeks. Make sure that the agent knows your are prepared to go to SCT. They make talk the LL off his perch. Prepare a counter offer. Use the words "Fair wear and tear" to explain any damage. I would not expect you to have to paint or polish floors unless explicitly written in the TA. I would expect you to repair damaged appliances, taps, towel rails, shower doors, lights, switches etc. I would also expect you to have the curtains cleaned (or at least clean), windows clean, kitchen clean.

Where there may be an issue is malicious damage or damage beyond normal wear and tear - this would be deep scratches in marble from dragging stuff, dents in doors from banging luggage into them, gouges in walls that need actual plaster and not just paint, broken windows and latches and door knobs. Also you need to have kept the aircons serviced regularly.
I not lawyer/teacher/CPA.
You've been arrested? Law Society of Singapore can provide referrals.
You want an International School job? School website or http://www.ISS.edu
Your rugrat needs a School? Avoid for profit schools
You need Tax advice? Ask a CPA
You ran away without doing NS? Shame on you!

Mom_In_SG
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Re: Small Claims Tribunal Mediation

Post by Mom_In_SG » Tue, 26 Nov 2019 11:46 am

Thank you, you've been very helpful

worker
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Re: Small Claims Tribunal Mediation

Post by worker » Tue, 17 Dec 2019 5:04 pm

Hello

Just to share that I've been having the same problem, landlord refused to return the deposit. The only difference is, despite having the SCT ruled in my favor, i still couldnt get any response from the landlord. The landlord have never attended any of the SCT sessions. And now i still need to find a way to enforce the SCT decision.

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sundaymorningstaple
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Re: Small Claims Tribunal Mediation

Post by sundaymorningstaple » Tue, 17 Dec 2019 5:52 pm

I believe that has been explained to you when you went to the SCT, wasn't it? You can pay a bailiff and they can seize his property and auction off his assests in order to pay your deposit. Not sure what it costs to engage a bailiff but many years ago it was in the neighbourhood of $300. Not sure if it's changed, but I'm sure the website will tell you what to do next.

See Page Two of the brochure.....

https://www.statecourts.gov.sg/cws/Smal ... 02019).pdf
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers

Dolce81
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Re: Small Claims Tribunal Mediation

Post by Dolce81 » Sun, 17 Jan 2021 8:52 pm

Hi There

Has anyone had any recent experience in getting their security deposit back at the small claims tribunal?

We recently changed apartments and the LL is being completely unreasonable with regards to some items which are clearly wear and tear or not required under the terms of my tenancy agreement.

I would really value a quick chat with someone who has been through this experience.

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