Housing and Development (Penalties for Late Payment) Rules

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Housing and Development Act

(Chapter 129, Section 27(2))

Housing and Development
(Penalties for Late Payment) Rules

R 5

G.N. No. S 309/1989

REVISED EDITION 1990

(25th March 1992)

[14th July 1989]

Citation

1. These Rules may be cited as the Housing and Development (Penalties for Late Payment) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“agreement” includes any tenancy agreement, licence agreement, agreement for lease or lease, or loan agreement or mortgage entered into between the Board and any tenant, licensee, lessee or owner;

“instalment” means any monthly instalment repayment due to the Board under any loan provided by the Board to an owner for his purchase of any flat, house or other living accommodation sold by the Board;

“maintenance fee” means the service and conservancy charge payable to the Board by any tenant, licensee, lessee or owner in respect of any property sold, leased or otherwise provided by the Board under the Act;

“rent” includes the annual ground rent.

Calculation of penalties for rent or fee in arrears

3.—(1) Where any instalment, rent, licence fee or maintenance fee, as the case may be, is payable at any interval to the Board and is in arrears —

(a)

in respect of the first month in which there is an arrears of instalment, rent or fee, there shall be imposed a penalty calculated by adding $2 to the amount specified in the second column of the Schedule which is set out opposite to the amount in the first column which corresponds to the amount of instalment, rent or fee in arrears; and

(b)

for every subsequent month in which there is an arrears of instalment, rent or fee including the arrears for that month, there shall be imposed on the last day of the month a penalty ascertained by reference to the amount specified in the second column of the Schedule set out opposite to the amount in the first column which corresponds to the total accumulated amount of instalment, rent or fee (excluding any penalty) in arrears on that day.

(2) The amount of $2 referred to in paragraph (1)(a) shall be payable only once so long as the instalment, rent, licence fee or maintenance fee is or continues to be in arrears.

(3) In paragraph (1)(a), “first month” refers to the first month following a period of at least one month where the instalment, rent, licence fee or maintenance fee, as the case may be, is not in arrears.

(4) The penalty imposed under paragraph (1)(b) shall be in respect of the aggregate of the instalment, rent, licence fee or maintenance fee, as the case may be, which is in arrears on the day referred to in that paragraph.

Recovery of rent, etc.

4. Nothing in these Rules shall prejudice any right of action or other remedy of the Board for the recovery of any rent or moneys due to the Board, including any interest for late payment or liquidated damages or in respect of any antecedent breach by the tenant, licensee, lessee or owner under any agreement.

Application of payments

5. The Board may, in its discretion, apply any moneys paid by the tenant, licensee or owner firstly towards the payment of the amount of any penalty payable under these Rules and subsequently apply any balance thereof towards payment of any amount of outstanding instalment, rent, licence fee or maintenance fee.

Remission

6. The Board may, in its discretion, remit wholly or in part any penalty payable under these Rules.

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