APPLICATION FOR SUBLETTING OF WHOLE FLAT

Transcription

1 APPLICATION FOR SUBLETTING OF WHOLE FLAT INSTRUCTIONS : 1. PLEASE READ THE TERMS AND CONDITIONS FOR SUBLETTING OVERLEAF BEFORE COMPLETING THIS FORM. NO SPACE IS TO BE LEFT BLANK. THIS APPLICATION FORM TAKES ABOUT 20 MINUTES TO COMPLETE. A $20.00 ADMINISTRATIVE CHARGE [NON-REFUNDABLE] IS PAYABLE UPON APPROVAL. 2. THE COMPLETED FORM IS TO BE SUBMITTED TO THE BRANCH OFFICE MANAGING THE FLAT TO BE SUBLET TOGETHER WITH RELEVANT DOCUMENTS SUCH AS IDENTITY CARD, POWER OF ATTORNEY, ETC. IMPORTANT NOTE : APPLICATION IS PROCESSED ON THE BASIS OF INFORMATION GIVEN IN THIS APPLICATION FORM. HDB RESERVES THE RIGHT TO REJECT THE APPLICATION OR REVOKE THE APPROVAL (IF APPROVAL HAS BEEN GIVEN), WITHOUT BEING LIABLE TO THE LESSEE FOR ANY LOSS OR EXPENSES SUFFERED OR INCURRED, IF : ANY INFORMATION GIVEN IN THIS APPLICATION IS INACCURATE OR UNTRUE; THERE IS A PENDING INVESTIGATION ON ANY INFRINGEMENT OF THE TERMS OF THE LEASE OR THE HOUSING & DEVELOPMENT ACT; OR THERE IS ANY INFRINGEMENT OF THE TERMS OF THE LEASE OR THE HOUSING & DEVELOPMENT ACT AT ANY TIME PRIOR TO OR AFTER THE SUBMISSION OF THE APPLICATION. I PARTICULARS OF LESSEE/JOINT LESSEE(S) OF FLAT Name of Lessee (*Mr/Mrs/Mdm/Miss) NRIC/UIN No. Address (if any) Telephone Number Name(s) of Joint Lessee(s) (*Mr/Mrs/Mdm/Miss) NRIC/UIN No. Effective Date of Subletting Period of Subletting : Address of Flat months Address of Lessee During Period of Subletting II OTHER PARTICULARS Name of *Attorney/Administrator/Executor/Personal Representative/Public Trustee/Committee appointed by the Court (*Mr/Mrs/Mdm/Miss) NRIC/UIN No. Telephone Number Address Address (if any) Expiry Date of Power of Attorney Reasons for Subletting : - a. Lessees/spouses who are government or statutory board employees required to stay in institutional quarters and their family members or authorised occupiers are residing with them in the institutional quarters. b. Lessees/spouses who are residing in premises provided by their employer and their family members or authorised occupiers are residing with them in these premises. c. Lessees who are going overseas for work or study OR who are accompanying spouses to go overseas for work or study and their family members or authorised occupiers are accompanying them overseas. d. Lessees who are going overseas for work or study OR who are accompanying spouses to go overseas for work or study and they leave behind lessees/authorised occupiers who cannot take care of themselves. e. A lessee who is the sole occupier of the flat and requires hospitalisation for more than 6 months. f. Lessees/spouses who are tenants or subtenants of HDB rental shops with living accommodation and they have to stay at the shop premises to look after their business together with their family members or authorised occupiers. g. Lessees/spouses who are owners, tenants or subtenants of HDB sold shops with living accommodation and they have to stay at the shop premises to look after the business together with their family members or authorised occupiers. h. Lessees/spouses who are owners, tenants or subtenants of a private commercial property with living accommodation and they have to live there to look after their business together with their family members or authorised occupiers. i. Lessees who have passed away and have left behind a minor child (i.e. child under 21 years of age). The grandparents/guardians or public trustees who are holding the flat in trust for the minor child may sublet the entire flat. j. A sick or physically unfit lessee who is the sole occupier of the flat and needs to stay with his/her children/relatives so that he/she can be taken care of. k. Lessees of non-subsidised flats (flats purchased from the open market without a CPF housing grant) who have occupied their flats for at least 3 years. l. Lessees of subsidised flats (flats purchased directly from HDB or from the open market with a CPF housing grant) who have occupied their flats for at least 5 years. z. Other reasons acceptable to the HDB. Please specify. (Note: Application for subletting of flat under reasons k and l is to be submitted electronically via * Delete where not applicable + Tick the appropriate box Page 1

2 A ELIGIBILITY TO SUBLET The categories of lessees eligible to sublet their flats are indicated on Page 1 (Please see "Reasons for Subletting"). B ELIGIBILITY OF SUBTENANTS The eligibility of subtenants is as follows : 1. Permitted Subtenants :- a. Singapore citizens; b. Non citizens legally residing in Singapore (e.g. holders of Singapore blue identity cards, work permits, employment passes and student passes) 2. Non-Permitted Subtenants :- a. Non-Malaysian foreign construction workers; b. Owners or tenants of existing HDB flats, except for owners/tenants who are divorced/legally separated. However, only one of the divorced/legally separated parties is eligible to be a subtenant; owners who are eligible to sublet their whole HDB flat. However, they must sublet their own flat within one month after they have rented an HDB flat from other flat owner. Failing which, they are required to resume occupation of their own flat; c. Owners of existing Executive Condominium units where the 5-year minimum occupation period has not been met. C TERMS AND CONDITIONS FOR SUBLETTING OF WHOLE FLAT 1. The lessee(s) and proposed subtenant(s) must satisfy the HDB's abovestated eligibility requirements for the subletting of the flat. The lessee(s) must not have committed any infringement at any time prior to the submission of the application or at any time thereafter. 2. For a lessee residing in accommodation provided by his or his spouse s employer under reason (a) or (b), he must produce yearly certification from his/his spouse s employer that he/his spouse is required to live in the accommodation. 3. A lessee who has to work or study overseas or who accompanies spouse overseas for work or study under reason (c) must :- a. satisfy the HDB that his family will also be accompanying him/his spouse overseas or provide a reasonable explanation, which HDB may accept at its sole discretion. b. produce original or certified true copy of letter from employer/institution of learning on confirmation and duration of the employment/study. c. have an Attorney appointed under a valid Power of Attorney in the form prescribed by HDB to act for him in the management of the flat while he remains overseas (Please refer to paragraph 15). 4. A lessee who has to work or study overseas or who accompanies spouse overseas for work or study under reason (d) must :- a. have young children below the age of 18 or b. have aged parent who is at least 55 years old. c. produce original or certified true copy of letter from employer/institution of learning on confirmation and duration of the employment/study. d. have an Attorney appointed under a valid Power of Attorney in the form prescribed by HDB to act for him in the management of the flat while he remains overseas (Please refer to paragraph 15). 5. For a sole lessee who is also the sole occupier of the flat requiring prolonged hospitalisation of more than 6 months under reason (e), the Public Trustee/Attorney/Committee appointed by the Court must assume responsibility for the subtenants, make all payments due to the HDB during the period of lessee's hospitalisation and also terminate the subletting upon the lessee's discharge from hospital. The lessee must also produce medical certification that he requires prolonged hospitalisation exceeding 6 months. 6. For a lessee/spouse who is an owner/tenant/subtenant of an HDB shop with living accommodation under reason (f) or (g), he must produce documentary evidence to show that he is residing at the shop e.g. address as stated in NRIC. The owner /tenant/subtenant must also produce details of the shop cum dwelling and letters from partners/shareholders that he has to stay in the shop dwelling to look after the business. Tenants/subtenants are required to produce Tenancy Agreement to prove that they are tenants/subtenants. 7. For a lessee/spouse who is an owner, tenant or subtenant of a private commercial property with living accommodation under reason (h), he must give HDB the right of entry to inspect the private premises. Lessee/spouse must produce documentary evidence that he is residing at the shop premises e.g. address as stated in NRIC. He must also produce details of the private commercial property, e.g. details on the dwellings, particulars of partners, shareholders, etc and the approval to reside at the said commercial property from the competent authority and other partners/shareholders. Tenants of a private commercial property must produce the Tenancy Agreement or rent receipt to prove that they are the tenants. The owner of the private commercial property will, in this case, not be allowed to sublet his HDB flat. 8. Grandparents/Guardians/Public Trustee subletting the flat under reason (i) on behalf of an orphan child under 21 years of age must :- a. produce original certificates or certified true copy of the death certificates of the lessee and his spouse and Grant of Letters of Administration/Probate, proof of transmission and documentary evidence of custody of the child; and b. terminate the subletting when the child attains the age of 21. The child must then resume occupation of the flat unless he can show proof of full-time tertiary or other full-time education. Page 2

3 9. A sole lessee who is also the sole occupier of the flat who is sick or physically unfit under reason (j) must produce original certificate or certified true copy of medical report or doctor's certification that he needs constant care from someone and it is not advisable for him to live alone. The maximum period of subletting for this category is 3 years. At the end of the period of subletting, he has to return to live in his flat. 10. A lessee who has occupied his non-subsidised flat (flat purchased from the open market without a CPF housing grant) for 3 years or more can sublet his flat under reason (k). 11. A lessee who has occupied his subsidised flat (flat purchased directly from HDB or from the open market with a CPF housing grant) for 5 years or more can sublet his flat under reason (l). 12. The lessee must obtain the HDB s prior written approval before commencement of subletting. 13. It is a serious breach of the lease to sublet the whole flat without the prior written approval of the HDB. HDB may take action to repossess the flat. The lessees and occupiers will also be debarred from applying for or being included in any application for any HDB accommodation. 14. The lessee must provide subtenants particulars in the prescribed form (Annex A) at the time of application and inform HDB of any subsequent changes. 15. If the lessee is overseas during the period of subletting, there must be a properly appointed Attorney to act for him in the management of the flat. A certified true copy of the Power of Attorney (POA), executed in HDB's prescribed form and which has been lodged with the High Court, must be furnished (Please consult your solicitor on the POA). 16. Lessee/Attorney/Administrator/Executor/Personal Representative/Public Trustee/Committee appointed by the Court is responsible for :- a. Ensuring that the flat is sublet to eligible subtenants only. b. Ensuring that there is no over crowding. The maximum number is 4 persons to a flat for 1 and 2-room flats; 6 persons to a flat for 3-room flats; and 8 persons to a flat for 4-room and bigger flats. c. Notifying the Comptroller of the Property Tax of the subletting once approval is given and when subletting is terminated. d. Notifying the HDB of any changes in respect of the subletting. (eg. minor attaining the age of 21 or lessees returning from overseas) e. Ensuring that the subtenants observe and comply with all the covenants in the lease and the provisions of the Housing & Development Act Cap 129 and all amendments made hereto. f. Ensuring that the subtenants have entered Singapore and are remaining in Singapore lawfully at all times while the subletting is in force. (If you are in doubt about the status of your prospective subtenant, you may call the Immigration & Checkpoints Authority (ICA) at Tel: (immigration passes) or Ministry of Manpower (MOM) at Tel: (work passes) during office hours. You may also submit a request via ICA's website at or MOM's website at to verify the status of a foreigner. The onus of verifying the subtenants lawful presence in Singapore is on the Lessee/Attorney/Administrator/Executor/Personal Representative/Public Trustee/Committee appointed by the Court. g. Ensuring that the subtenants do not further sublet the flat to other persons. h. Surrendering vacant possession of the flat to HDB in the event the flat is re-possessed by HDB. i. Evicting the subtenants upon the HDB s revocation of its consent for the subletting of the flat. 17. The HDB s consent for subletting is granted for a maximum period of 3 years or as stipulated in the approval letter. A new application for approval for subletting is required for extension of the subletting period after expiry of the approved subletting period. 18. The HDB s consent for subletting is subject to the following :- a. Consent shall be automatically revoked if permission for the approved non-citizen subtenant to remain in Singapore is revoked or withdrawn by any relevant authority, for any reason whatsoever. b. Consent may be revoked by HDB giving two weeks notice if there is any breach of the terms & conditions stipulated under this scheme; terms & conditions of the Lease Agreement; or provisions of the Housing & Development Act. 19. It is advisable for lessees to include in the tenancy agreement with their subtenants, a termination clause allowing either party to terminate the agreement upon the occurrence of any of the following events :- a. receipt of a written notice of termination by Subtenant or the Landlord to the other; or the Housing & Development Board (HDB) revokes or withdraws its consent to the subletting b. the Housing & Development Board (HDB) revokes or withdraws its consent to the subletting. 20. Any notice required to be served by HDB on the lessee shall be deemed to be sufficiently served if :- a. it is sent by ordinary or registered post to the lessee addressed to him at the flat or the address given by Attorney/Administrator/Executor/Personal Representative/PublicTrustee/Committee appointed by the Court, irrespective of whether the same is received or if it is returned undelivered; or b. it is affixed to some conspicuous part of the flat. 21. The lessee must ensure that the subtenants vacate the premises and that he and his family resume occupation of the flat upon expiry of the approved subletting period or when the lessee ceases to be eligible to sublet his flat, whichever is earlier. He must inform HDB when he ceases to be eligible to sublet his flat. He must also give HDB 2 weeks written notice prior to the date of termination of the subletting. 22. The period of subletting shall NOT be included in computing the requisite occupation period/time bar to determine the lessees eligibility to :- a. resell the flat in the open market; b. invest in a private residential property*; and c. apply for another flat directly from HDB* (* Not applicable if the flat sublet is a resale flat bought from the open market without CPF housing grant) Page 3

4 23. A non-refundable administrative charge of $20/- is payable for each application. If the lessee wishes to continue to sublet the whole flat after the expiry of the approved subletting period, a new application form must be submitted. HDB will then re-assess the eligibility of the lessees to sublet the flat. A fresh administrative charge will be payable to HDB according to the prevailing rate at the time of the new application. 24. HDB collects personal data from you to administer HDB's public housing programmes and services. We may share necessary data with other Government agencies, unless such sharing is prohibited by legislation. This is to enable us to serve you in the most convenient, efficient and effective way. We will NOT share your personal data with non- Government entities, except where such entities have been authorised to carry out specific Government services. If you would like to find out more about HDB s Data Protection and Privacy Policy, you can visit our website for more details. 25. The HDB reserves the right to unilaterally vary or add to the conditions for subletting. Such varied or additional conditions shall take immediate effect and be binding on the lessee/his Attorney/Administrator/Executor/Personal Representative/Public Trustee/committee appointed by the Court. 26. Any approval granted by HDB for the subletting shall not prejudice HDB s right to take action for any infringement of the terms of the lease or the Housing & Development Act committed prior to or after the submission of the application. III. Declaration / Undertaking by Lessees / Attorney / Administrator / Executor / Personal Representative / Public Trustee / Committee appointed by the Court* I/We have read the terms and conditions for the subletting of whole flat set out on Page 1 to 4 and accept and undertake to comply with the said terms and conditions; declare that all the particulars given in this form are true and correct; declare that there is no infringement of the terms of the lease or the Housing & Development Act at any time prior to the submission of the application; have personally verified from the original immigration documents that the non-citizen subtenants have lawfully entered Singapore and are lawfully allowed to remain in Singapore; undertake to ensure that my/our subtenants meet all the eligibility conditions. Right Thumb Print/Signature of Lessees/Attorney/Administrator/Executor/Personal Representative/Public Trustee/ Committee appointed by the Court* * Delete where not applicable Date : HADOPS/LMEU/Mar07/A4 Page 4

5 APPLICATION FOR SUBLETTING OF WHOLE FLAT ANNEX A SECTION A (Subtenants Particulars) ADDRESS : Blk Date : Rental of Flat Per Month (without furniture & fittings) : Rental of Furniture & Fittings Per Month: S/No NRIC/FIN No. (For Passport Nos or other documents please indicate the document used) Citizenship (SC, SPR or Others) Full Name Gender (M/F) Marital Status* (S, M, D, W, P) Date of Birth Nationality Race Relationship to Tenant S/No 1 1 NA Pass Type** (PV, SP, WP, EP, NA, OT) Industry*** (For WP holders only) * Marital Status : S=Single, M=Married, D=Divorced, W=Widow, P=Separated ** Pass Type : PV=Professional Visit Pass, SP=Student Pass, WP=Work Permit, EP=Employment Pass, OT=Others, NA=Not Applicable *** Industry : C=Construction, M=Marine, F=Manufacturing, S=Services, O=Others Right Thumb Print/ Signature of Lessees/ Attorney/ Administrator/ Executor/ Personal Representative/Public Trustee/ Committee appointed by the Court SECTION B (To be completed if the subletting is under reason K or L) 1. During the period of subletting I will be staying: with parents; with siblings; with children; with relatives; with friends; in my own private property; in a rented property; overseas; others (in a shop, institution, etc) 2. The property that I will be moving to stay is: an HDB flat a private property Please tick in the appropriate boxes Page 5