
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.