COVID-19 has taken the world by storm and forced many of us to adapt to the evolving situation. Some of us simply changed the way we live and work. However, business owners might be having a much harder time adapting, given the constant disruptions to their business, brought about by the overwhelming restrictions.
Hence, the Singapore government has rolled out measures to support businesses during this tough period. One such measure is the COVID-19 Rental Waiver Framework.
This article will discuss the following:
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Examples: Advice on landlord-tenant agreements, eviction of tenants, rental deposits and termination of agreement.
Nadia Moynihan
R.W. Law Practice | 11 years experience | English, Malay
Nadia’s practice represents a broad cross-section of the kind of legal services that most businesses and individuals typically need, regardless of industry sector or client profile, with a particular focus on dispute resolution.
She regularly advises corporate and private clients on schemes of arrangement, bankruptcy proceedings, trade disputes, employment disputes and a wide array of other contractual and tortious claims from fraud to defamation. Her litigation practice draws upon her experience representing clients in complex multi-jurisdictional cases involving misappropriation of funds and shareholder disputes. She has also represented numerous employers and employees in claims relating to wrongful dismissal, breach of employment contracts and harassment in the workplace. She has significant experience handling highly contentious cases of all kinds from State Courts to Court of Appeal level.
Her matrimonial practice features cross-border disputes regarding child custody and the enforcement of maintenance as well as High Court litigation pertaining to the division of substantial matrimonial assets located in multiple jurisdictions. Her criminal practice includes experience representing clients in prosecutions for drug offences, sexual offences and violent offences ranging from voluntarily causing hurt to homicide. She also has experience representing children charged with criminal offences.
Nadia’s non-contentious practice includes the drafting of various commercial agreements such as shareholders’ agreements and distribution agreements as well as personal legal instruments such as wills, lasting powers of attorney and deed polls.
Nadia is on the panel of lawyers of a number of embassies in Singapore.
Qualifications / Admissions
- LLB (Hons), National University of Singapore
- Advocate & Solicitor of the Supreme Court of Singapore
- Solicitor of the Senior Courts of England & Wales
Memberships
- Irish Chamber of Commerce, Singapore;
- The Medico-Legal Society of Singapore;
- Association of Criminal Lawyers of Singapore;
- The Law Society’s Family Law Practice Committee
- The Law Society’s Criminal Law Practice Committee;
- Singapore Association of Women Lawyers
- AIJA - International Association of Young Lawyers
Selected Cases
- OMG Holdings Pte Ltd v Pos Ad Sdn Bhd [2012] 4 SLR 231: Pleadings, limitation issue
- BMR v BMS [2013] SGDC 421: Care and control and access of child, maintenance
- JAI v JAI [2014] SGDC 382: Maintenance for wife
- TDI v TDJ [2015] SGFC 11: Care and control, overnight access
- TAT v TAU [2015] SGFC 19: Custody, care and control, access, relocation
- THH v THI [2015] SGFC 135: Interim maintenance for wife and child
- PP v Rosdi Bin Joenet [2016] SGHC 58: Sentencing for homicide in case of mental illness.
- Public Prosecutor v ASR [2018] SGHC 94: Sentencing of intellectually disabled young person for aggravated rape.
Che Wei Chin
Fervent Chambers | 12 years experience | English, Mandarin
In the field of litigation, Wei Chin was lead counsel for many types of matters and clients such as:
- Civil and commercial disputes
- Submitting and presenting mitigation pleas successfully to obtain lighter sentences for clients charged in criminal matters, including non-custodial sentences
- Divorce and ancillary matters disputes, including helping parties through Court Mediation
- Private prosecutions for a government statutory board and obtaining deterrent sentences against the offenders
- General solicitors’ work in extracting Grant of Probate and Letters of Administration
- General solicitors’ work in managing landlord and tenancy agreements and disputes
- General Commercial Drafting and Advisory Work
His wide range of experience in litigation includes tenancy disputes, writs of possession, claims concerning breaches of director’s duties, probate matters, criminal matters, matrimonial matters and various other types of litigation work.
Wei Chin recognises that not all matters need to proceed for a full-fledged trial. Having taken Mediation & Negotiation modules in NUS, Wei Chin can capably advise on settlement options, achieving an amicable resolution which is more affordable and efficient than going for trial.
Wei Chin has also advised government agencies and statutory boards, helping them to resolve disputes through negotiations and litigation, depending on their goals and aims.
Wei Chin also takes on commercial contract drafting and contractual negotiation work to protect the interest of his clients when they are entering commercial deals. He has experience being a legal advisor to a local tertiary educational institute and assisted in vetting their intellectual property contracts.
Civil & Commercial Disputes
- Lead Counsel in a dispute involving an ex-finance manager of a renowned bakery being sued for breach of fiduciary duties and other money claims – successfully defended the manager such that all claims were dismissed.
- Lead counsel in contract dispute regarding business consultancy agreements, limitation issues and Legal Profession Act.
- Lead counsel in construction dispute with interior designer for defective works.
- Lead counsel in a supply agreement dispute concerning a local beautician boutique.
- Negotiating a successful settlement involving a potentially Michelin-starred restaurant and its renovation contractors, avoiding a lawsuit of close to $0.4 million.
- Lead counsel in a High Court claim for contractual breach: acted for an independent business consultant in suing 3 business owners for breach of consultancy agreement.
- Lead counsel in High Court defamation claim of a manager defaming a director of a listed company.
- Negotiating a successful settlement involving a defamation claim by a businessman against a university professor.
- Assisting counsel in obtaining a Mareva Injunction for a claim amounting to more than S$3 million.
- Negotiating a successful settlement involving an anti-competition lawsuit by a large rice supplier, thus preventing a prohibitive injunction.
- Advising and successfully negotiating a settlement for a government statutory board concerning a dispute with an oil supplier.
Criminal Matters
- Lead Counsel in a disposal enquiry between two victims of a Bitcoin scam.
- Lead counsel in securing an acquittal for client charged with criminal trespass and outrage of modesty in Marina Bay Sand hotel.
- Lead counsel in successfully securing probation for an Uber driver suffering from frotteurism who touched passenger’s thigh. During appeal by the Prosecution, the Accused did not appoint Mr Che as a lawyer (due to financial constraints). Accused’s sentence was later increased to imprisonment when fresh facts arose during appeal.
- Lead counsel in a shop theft matter where Accused took toys without payment from a well-known toy store.
- Lead counsel in various plead guilty matters for offences regarding:
- Penal Code Section 377BB (voyeurism)
- Penal Code Section s. 405 to 409 (criminal breach of trust)
- Companies Act Section 157 (breach of company director’s duties)
- Road Traffic Act (reckless driving, drink driving etc)
- Common Gaming House Act (gambling)
- Animals and Birds Act 1965 (importation of live animals etc)
Jeannette Chong-Aruldoss
Robert Wang & Woo LLP | 33 years experience | English, Mandarin
Working with clients to help them find real solutions to legal issues that are causing them stress and worry isn’t just a job, it’s something I’m passionate about. It’s a calling. I was called to the Singapore Bar in 1989, and have since chalked up three decades of active legal practice. I’ve acquired the experience and knowledge across a diverse range of legal matters, enabling me to bring a broad-based approach to problem-solving. Where a fight is called for, I’ll bring a hands-on and passionate approach to advocating and championing my clients’ interests.
Ronald Yeo
Yeo Marini Law Corporation | 8 years experience | English, Hokkien, Mandarin
Ronald started off his career as an economist before deciding to pursue a second degree in law. He has worked as a legal counsel in both public and private sector including various international banks. However, the corporate career gave him less satisfaction as compared to helping the layperson. Coupled with his passion to serve and connect with people on the ground, Ronald decided to go back to his original roots and to practise community law.
A person-oriented individual with a practical and realistic mindset, Ronald is able to provide advice with sound reasoning, and at the same time, ensure that it is in the best interest for the client. Hardworking and output driven, he is a hands-on lawyer who sees through any matter from start to finish.
Ronald has a particular interest in family law. Being a father of 3 children himself, he is a strong advocate of being a present parent and understands the challenges one faces during the course of marriage. He believes that the child’s interest is of utmost importance in any marriage. Ronald is able to empathize and apply his legal mind in matters relating to child custody, care and control, and maintenance quantum for children. When push comes to shove and marriage is no longer possible, Ronald is able to represent clients for any divorce proceedings, both contested and uncontested.
Ronald is able to speak both the Chinese and English language.
What is the Rental Waiver Framework?
The Rental Waiver Framework (RWF) is a scheme that provides eligible tenants in Singapore with 2 weeks’ worth of rental waivers. It was introduced to help Small and Medium Enterprises (SME) and specified Non-Profit Organisations (NPO) cope with the impact on their rental obligations caused by the restrictions during Phase 2 Heightened Alert [P2(HA)].
Commenced on 5 October 2021, the RWF is in addition to the other measures that were rolled out during P2(HA). For instance, the Rental Support Scheme (RSS) provided cash relief to qualifying tenants in privately owned commercial properties. Collectively, the RSS and RWF provide 1.5 months’ worth of rental support.
However, RWF is different from the RSS and another scheme known as the Rental Relief Framework (RRF).
- The type of relief given – Under RSS, the government gives out cash grants to eligible tenants directly. Conversely, RWF does not give out any form of cash payments. Instead, it simply reduces the rent payable by tenants by 2 weeks. Lastly, under RRF, rental relief is provided in the form of either rental waiver or monetary payments.
- Amount of relief – Under the RSS, the cash pay-out is equivalent to 0.5 months’ worth of either gross rent or the property’s annual value. On the other hand, the RRF offers a total of 4 months’ worth of rental relief for qualifying commercial properties and 2 months’ worth of rental relief for other non-residential properties. Lastly, the RWF provides 2 weeks’ worth of rental waiver.
- Period of scheme – Both the RWF and RSS are effective during the two periods of P2(HA) from 16 May 2021 to 18 August 2021. Conversely, the RRF was effective between 1 April and 31 July 2020.
What Are the Eligibility Criteria for the Rental Waiver Framework?
It is important to note that the RWF does not apply to government-owned properties. An SME or NPO tenant-occupier (including subtenants and licensees) of a qualifying commercial property must fulfil the eligibility criteria listed below to qualify for the RWF:
- Its annual revenue does not exceed $100 million in FY2019;
- Its lease or licence must be:
- Entered into or renewed before 20 July 2021;
- In force for the entire period from 5 August to 18 August 2021 (both dates inclusive); and
- Its lease or licence must have been stamped on or before 2 August 2021. (An SME or NPO tenant-occupier who meets all eligibility criteria but has an unstamped lease or licence may make a manual application for rental waiver. Such cases will be assessed by a rental waiver assessor. More information on this is available below);
- It must have suffered at least a 20% drop in average monthly revenue during both P2(HA) periods (16 May 2021 to 13 June 2021 and 22 July 2021 to 18 August 2021, all dates inclusive), as compared to the Phase 3 period (28 December 2020 to 7 May 2021, both dates inclusive); and
- If it is part of a Singapore group of entities, the group’s annual revenue must not exceed $100 million in FY2019. (This does not apply to SMEs that are not part of any group of companies, or NPOs.)
If You’re Eligible, Do You Need to Apply for the Rental Waiver?
Yes, you do. If you qualified for the second pay-out under the RSS, you will receive a Notice of Rental Waiver from the Ministry of Law from 6 October 2021 onwards. However, this notice does not automatically entitle you to the rental waiver.
Once you receive the notice, you need to determine if you meet all the eligibility requirements stated above. Following which, you must:
- Complete the Declaration Form that accompanies the Notice; and
- Send via email or registered post, the following documents to your immediate landlord within 28 calendar days from the date of the Notice:
- A copy of the Notice;
- A copy of the completed Declaration Form; and
- Copies of the supporting documents listed in Annex A.
On the other hand, if you’ve rented a part of property, mixed property and/or are a licensee, you may not receive the second RSS payout and Notice.
If you believe that you are eligible for the rental waiver under the RWF but have not received the second RSS pay-out and the Notice by 15 October 2021, you should apply for the second RSS pay-out at this page by 12 November 2021. If your application is successful, you will receive the Notice and can then complete the steps above to obtain the rental waiver.
The rental waiver will take effect once you have sent all the documents to your landlord. It will waive the rent payable, including any interests or charges, for the period of 5 to 18 August 2021 first. If you have already paid the rent for the said period, your rent for the next most immediate month will be reduced by 2 weeks’ worth of rent.
If your landlord had already voluntarily provided you with a rental waiver, they may choose to offset any monies, or rental waivers they have given you, from the 2 weeks’ waiver. In this situation, you will not be able to claim both your landlord’s voluntary rental waivers and the full 2 weeks’ waiver under the RWF.
What Can You Do if You and Your Landlord Have a Rental Waiver-Related Dispute?
As you try to claim a rental waiver from your landlord under the RWF, your landlord may decide that they are not required to grant it. Alternatively, your landlord may dispute the amount of waiver to be granted on the ground of financial hardship.
In such events, either you or your landlord may apply to an independent rental waiver assessor for a determination within 14 calendar days of your landlord receiving the Notice of Rental Waiver and supporting documents from you. There are no fees for applying for the determination.
During the determination, the assessor will review both parties’ cases and make a decision on the matter. Possible outcomes would include the assessor deciding that you are eligible for rental waiver, or the landlord is exempted from providing the rental waiver due to financial hardship on his part. Alternatively, the assessor could reverse or reduce the rental waiver depending on the circumstances of the case.
The assessor’s determination is not appealable.
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The RWF is an additional measure to support business owners affected by the P2(HA) measures in Singapore. To obtain the rental waiver, however, you must meet the eligibility criteria and take the required action.
Nevertheless, it is important that you honour your contractual obligations in the rental agreement, such as paying rent on time, until you receive the Notice of Rental Waiver.
We strongly encourage you to speak with a landlord-tenant disputes lawyer for legal advice on claiming the rental waiver from your landlord, or if you are facing some other rental-related dispute. The lawyer could help you to assess if you are eligible for the waiver. They could also advise you on the legal steps you can take to resolve any rental-related disputes with your landlord.
