Application for assessor’s determination
95.—(1)  This section applies to a landlord and the landlord’s tenant (whether or not a PTO) in a PTO chain for a prescribed property when the landlord’s tenant serves on the landlord the documents mentioned in section 93.
(2)  The landlord or the landlord’s tenant (called in this Division the applicant) may, within the prescribed time, apply in the prescribed form and manner to the Registrar to appoint a rental waiver assessor to make any of the determinations mentioned in subsection (3) or (5), as applicable.
(3)  If the applicant is the landlord, the determinations are —
(a)whether the PTO in the PTO chain for the prescribed property satisfies the prescribed criteria for rental waiver;
(b)whether the landlord’s tenant complied with the requirements of section 93(1) or (2), as applicable to the tenant, and (in the event of any non-compliance) whether the non-compliance was material in the circumstances of the case;
(c)where the applicant is the owner of the prescribed property — whether the prescribed criteria for reversal of rental waiver are satisfied; and
(d)whether it is just and equitable in the circumstances of the case —
(i)where the applicant is the owner of the prescribed property — for the rental waiver to be reversed; and
(ii)where the applicant is the owner or other landlord of the prescribed property — for the rental waiver to be reduced, and (if it is to be reduced) the amount of the reduction.
(4)  However, the landlord may not apply for a determination under subsection (3)(a) if a Division 4 determination had earlier been made in relation to the PTO.
(5)  If the applicant is either the landlord or the landlord’s tenant, the determinations are —
(a)the actual amount of the rent under the lease agreement between the landlord and the landlord’s tenant; and
(b)the actual amount of any component of the formula used to compute the prescribed amount of rent that is waived for the landlord’s tenant under section 94(1).
(6)  An application for a determination in subsection (5) may not be made if —
(a)proceedings before a court or an arbitral tribunal have commenced in relation to the matter in question; or
(b)a judgment of a court, an arbitral award, a compromise or a settlement has been given or made in relation to the matter in question.
(7)  A copy of the application in subsection (2) must be served within the prescribed time on all the landlords and tenants in the PTO chain for the prescribed property and such other person as may be prescribed.
[Act 26 of 2021 wef 05/10/2021]