Previously I wrote about my friend filing a police report against her ex-landlady for harassment. On the same day, her ex-landlady filed a S$1,000 small claim against my friend for something totally ridiculously trivial. Upon receiving the Notice of Consultation from the Small Claims Tribunal, my friend contacted me if I know of anyone in the law business (having friends to think that I am a walking Yellow Pages is a compliment but yet the reason behind is beyond me). In case if you can’t read the words from the picture above (click to enlarge), here are the exact claim from my friend’s ex-landlady.
Outstanding electricity & water & gas bill for the sum of $123.30 inclusive of purchasing of pipe divider and dirty walls & flooring plus light scratches, moving of items without permission. Claiming for S$1,000 (ALL-IN).
Lawyers will probably cost more than S$1,000 just to consult and inside the Small Claims Tribunal in Singapore, there are no lawyers involved. Just the parties in dispute and the mediator behind close doors. If the matter cannot be resolved in the Small Claims Tribunal, the parties may choose to sue each other in a proper way – full frontal assault with blood and gore.
I am a banker wannabe by day and a lawyer wannabe by night. So I offered my free service to my friend only if she wanted it. I believe in the justice system that has evolved all the way back since the days of the Roman empire; I believe that the truth will find the way to reach us; and I believe that people like her ex-landlady who are wasting our taxpayer’s money should be punished. But before we get to that, I must make sure that my friend is not going to lose the case later this week. Then we shall sue her ex-landlady for anything ranging from emotional distress to reputational damage.
I reviewed the documents she has including tenant agreement, letter of termination, police report, and etc. It is not difficult to reconstruct the events in a chronological manner. The agreed monthly rental was S$1,200 for the entire HDB apartment. At first, her ex-landlady didn’t even want to inform HDB for the approval but my friend insisted. Within a month of stay, her ex-landlady raised the rent (possibly because there is another tenant who offered higher). Not comfortable with how the whole thing was handled, my friend terminated the contract giving one month notice. Her ex-landlady subsequently asked her to move out within 2 weeks claiming that since it is her apartment, she can do whatever she wants. My friend wanted to avoid conflict so she agreed to move out within two weeks.
On the day of the returning of keys, the landlady inspected the apartment and returned the full deposit minus S$100 for the anticipated PUB bills (i.e. utility bills) because her ex-landlady had no idea how much it would be. My friend did not object and they parted way.
A month or so ago, the landlady started to call her (and her company) incessantly asking for outstanding PUB balance to be transferred to the landlady’s account. My friend wanted to see the actual bill and have the payment acknowledgement properly signed but the landlady refused to meet or fax her the bills for verification. My friend suggested three time-slots to meet at her workplace (morning, lunch, and evening) but her ex-landlady claimed that she was not able to. Now how can her ex-landlady find time to attend the Small Claims Tribunal at 11am is beyond me.
As suggested by the police and the court, if my friend feels that she is being harassed, she has the right not to meet her ex-landlady alone. Now, to recap from the lawyer wannabe point of view …
- The fact that the landlady has returned the deposit upon inspecting the apartment indicates that the landlady is satisfied with the condition of the apartment. According to the contract, there should be a deduction of S$100 per item that is not working or in a not satisfactory condition.
- My friend is not obliged to pay the outstanding without seeing the actual bills. Period. In fact, there should be a refund if the S$100 deduction is more than cover the 2 months PUB bills (note that some flats or estates are heavily subsidised by the government).
- The claim should be dismissed after my friend verifies the bills and makes necessary payment (if applicable). S$1,000 is ridiculous.
I am planning to accompany my friend to the Tribunal. Stay tuned for the outcome.
16 replies on “A Ridiculous S$1,000 Claim Against My Friend By Her Ex-Landlady”
How about hiring an assasin… you know… muahahahahahahaaaa… or in the middle of the night, go and smear pig’s blood on the walls and door? My services are cheaper than S$1,000.
Darkspore – Okay! Certainly will keep that in mind. As the saying goes … every little bit helps!
Try to discredit the lady as NOT a reasonable person during the tribunal.
BTW, have you disclosed too much information already as the case is officially under “formal” proceedings?
Though I just got the LLB in paper form and I must confess I have forgotten most of my studies (.. pathetic.. i know…), I would agree strongly with your first point. I am not too sure about the content of the contract and I am not too sure whether they have signed anything (they should, right?) after your friend returned the key and got the deposit (minus S$100) after the inspection. Hopefully your friend got some documents to prove the inspection and her paying of the sum.
To me, the contract between the ex-landlady and your friend should have been terminated after your friend served the notice period, returned the keys and the house was inspected in the presence of both parties. Further talking about the house condition and outstanding bills AFTER the inspection is nonsense as the landlady should have pointed out any damage or dissatisfaction during the presence of both at the inspection. Even if she called me even one hour after the inspection, any claiming of further charges or complaining about the house condition is unacceptable as the keys were returned in a lawful way and I should not be responsible for any damage to her house without my presence. The important thing is that the contract was terminated with all proper procedures stated in the contract observed.
Regarding point 2, I am not too optimistic about the refund even the bill payment should be less than S$100 as this was the agreement between the landlady and your friend. Similarly, unless there is any terms in the contract or any agreement between them that S$100 is the initial payment where additional bill is chargeable to your friend’s account, otherwise I don’t see your friend is liable for any outstanding amount even the official documents are presented. Not to say the landlady cannot present those.
Finally about the further suing for emotional distress or reputation damage, honestly it can be quite tough under the law of tort. Normally you need proof of your emotional distress from the psychiatric about the damage. For the defamation, the fax that the landlady sent to the company would be a good proof, though it also depends on the content that she wrote.
I hope her case can be settled asap so that her mind can be at peace again. Sometimes, I really can’t understand why some people need to stress people out like that merely for her own interest… only S$1000?!?
I’m waiting to read your post to the Tribunal.
I hope things will work out for your friend.
What’s the outcome?
Alex – Hi, the mediator at the Small Claims Tribunal didn’t really offer much help. He is playing the mediator role and that is all. Offered no opinion on what is right or wrong. When the landlady requested extra claim on the taxi fare and the salary for that day of absence from work, the mediator just laughed.
The outcome is, the landlady can file another hearing if she wants. Or they can settle in court properly.
Hi Wilf, do they allow external parties (ie, you) into the hearing room? And were you allowed to speak?
Sing Chyun – Hi, no external parties are allowed behind closed doors. The two parties are supposed to seek common ground with the presence of a mediator. In my friend’s case, it didn’t work out as the landlady insists on repainting and reflooring the entire flat.
My suggestion to my friend is: settle the outstanding bills with the landlady (turns out to be lower that what previously claimed) and call it a day. No one with a rational mind will go through the entire suing procedure for less than S$1,000 claim. And the claim is ridiculous to start with. Any lawyer who takes up that case would be just in for the money.
I’m surprised at the lack of power of the SCT to dish out judgement on its own.
Have a friend too who was brought to SCT for failing to hand over her house’s keys on time after selling her flat. The claim amount was small – S$1,500. Similarly, the SCT offered no concrete solution at all. My friend refused to pay up, and now she’s like “wait for their lawyer letter to come lah!” 🙂
Sing Chyun – No kidding. So it is not that isloated then. I thought since the mediator comes from the law background (I suppose), he or she should be able to offer some concert advice on moving forward.
Apparently not for my friend’s case.
[…] out to be a comment that I had left in my buddy Wilfrid’s blog. Ha […]
Hi guys,
Just need a quick check of the below documentation is sufficient?
Termination of Room Rental.
This is to verify that all parties involved have agreed that the tenants, ___________________, __________________ & __________________ have returned;
1) 3 pairs of keys (Landlady) on ________________. Each pair of keys is to contain the key for the padlock for the main gate and the key to the main door. ( )
2) Total deposit given is SGD1,200.00 being 1 months deposit. SGD_________ has been returned to the tenants and the remaining SGD ________ will be held by the landlady to clear any anticipated PUB charges. After which, the balance from the said amount will be returned to the tenants. Landlady is to procure the relevant PUB bill to either one of the tenants to verify the outstanding amount. ( )
3) Fixed phone line connection and internet which is under the name of ____________________ (tenant) has been cancelled. ( )
4) Electricity meter charted is ______________; water meter charted is _______________. Meter charted on ________________
Landlady has inspected the 2 rooms rented as indicated in the attached rental agreement and are satisfied with the condition. The tenants will be absolved from any future claims. Prior notice of the rental termination has been informed to the landlady on the 3rd week of January 2008. Tenancy agreement will end on the 10th of March as advance 1 month rental has been paid to the landlady for the rent dated 11th Feb 2008 to 10th March 2008.
————————————————————
Acknowledgement by landlady;
Signature:____________________
Date: ______________
————————————————————
Acknowledgement by tenants;
————————————————————
Witnessed;
Solange – Hi, to verify if the letter of termination is good enough, you will need to refer to the original tenant contact under the section of what the tenant (i.e. you) may be liable of. Since you have mentioned “Landlady has inspected the 2 rooms rented as indicated in the attached rental agreement and are satisfied with the condition”, it appears that you are well covered unless there are some special points mentioned in your contract. As Lora’s comment stated, “The important thing is that the contract was terminated with all proper procedures stated in the contract observed.” Best of luck!
Dear Wilfred,
I incidentally tumbled upon your page (whilst trying to rent out my master bedroom condo at The Woodgrove $1000. Pls reccommend if any).
Anyway, the best approach is not to attend the small claims at all. The consequence: your friend may be charged. But, i doubt it.
Secondly, your friend did all right things in handling the termination.
Thirdly, proof of utilities can be easily settled. Call PUB. or a friend in PUB.
Fourthly, dont sweat or waste time over assholes. Cut ties with the ex-landlord NOW-completely clean cut! She is determined to make hell.
Good luck!
Maximillion – Hey there. In the end, the case was thrown out of the court because it is just too ridiculous. My friend’s landlady was given another chance to file in another claim but I guess everything seems to have resolved on its own!
Will keep a look out for you! If I come across anyone who is interested, I shall send you an email.
Best of luck!