I need to evict my HDB flat tenant whom is in rental default. What is the process?

Answer :

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    answered on 10/08/2018

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    In order to evict the tenant, the right of forfeiture must first arise. The landlord's right to forfeit the lease may arise where the lease agreement expressly provides for the right to forfeit the lease upon rental default. Alternatively, if not provided in the lease agreement, it is statutorily provided in section 93(1)(d) of the Land Titles Act that the landlord has the right to forfeit the lease where, amongst others, the rent or any part thereof is in arrear for 30 days. Pursuant to section 18(1) of the Conveyancing and Law of Property Act, the landlord must serve a notice on the tenant specifying the breach, i.e. rental default, and requiring the tenant to make compensation, and where the breach is remediable, require the tenant to remedy the breach. Where the tenant fails to remedy the breach within a reasonable time or make reasonable compensation, the right of forfeiture is enforceable. The landlord may then obtain a writ of possession to re-enter the HDB flat. However, it should be noted that the tenant may apply to the court for relief against forfeiture of the lease agreement.

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