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 fee [nonrefundable] is payable upon approval. 2. The completed form is to be submitted to the Branch managing the flat to be sublet together with the relevant documents such as the Power of Attorney. Important Note: Application is processed on the basis of information given in this application form. HDB reserves the right to reject the application, revoke the approval (if approval has been given) or delete the name(s) of any subtenant(s), without being liable to the flat owner 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 FLAT OWNER(S) Name of Flat Owner(s) (*Mr/Mrs/Mdm/Miss) NRIC/UIN No. (1) (1) (2) (2) (3) (3) (4) (4) Address of Flat Address Telephone Number Effective Date of Subletting Period of Subletting : months Address of Flat Owner(s) During Period of Subletting II OTHER PARTICULARS Name of *Attorney/Administrator/Executor/Public Trustee/Committee/ Deputy appointed by the Court (*Mr/Mrs/Mdm/Miss) NRIC/UIN No. Telephone Number Address Address Expiry Date of Power of Attorney III REASONS FOR SUBLETTING: Flat owners who wish to sublet their whole flat must be Singapore Citizens. Singapore Permanent Residents are not allowed to sublet their flat. Singapore Citizen (SC) flat owners who wish to sublet their whole HDB flats must meet a 3- or 5-year Minimum Occupation Period (MOP). Please tick at the appropriate box below to indicate the MOP that you have met and the reason for subletting your flat: SC flat owners of non-subsidised flats (flat purchased from the open market without a CPF Housing Grant) whose flat applications were received by HDB before 30 Aug 2010 and who have occupied their flats for at least 3 years. ^ Reason for Subletting: SC flat owners 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. ^ Reason for Subletting: (Note: Application for subletting of flat can also be submitted electronically via * Delete where not applicable. ^ Please let us know the reason for subletting (Refer to Annex A1 or B1 for the reasons). 1

2 A ELIGIBILITY CONDITIONS OF FLAT OWNERS 1 Citizenship Flat owners who wish to sublet their whole flat must be Singapore Citizens. Singapore Permanent Residents are not allowed to sublet their flat. 2 Minimum Occupation Period Singapore Citizen flat owners who wish to sublet their whole flat must meet a 3- or 5-year Minimum Occupation Period (MOP) as follows: 3 years Non-subsidised flat (flat purchased from the open market without a CPF Housing Grant) and the application to buy the flat was received by HDB before 30 Aug years Non-subsidised flat (flat purchased from the open market without a CPF Housing Grant) and the application to buy the flat was received by HDB on or after 30 Aug Subsidised flat (flat purchased directly from HDB or from the open market with a CPF Housing Grant). The MOP is computed from the date of purchase of the flat if the SC flat owners who sublet the flat are the original purchasers. If there was a resale of part-share or transfer of flat ownership, the MOP is computed from the effective date of the resale of part-share/transfer of flat ownership, or the date the owner was included as an authorised occupier of the flat. 3 Non-Citizen* Quota for Subletting of Flat Flat owners who sublet their flat to one or more non-malaysian non-citizens will be subject to the Non-Citizen Quota for Subletting of Flat. When the Non-Citizen Quota in a neighbourhood or block is reached, flat owners cannot apply to sublet their flat to non-malaysian non-citizens. They can only sublet their flat to Singaporeans or Malaysians. * Non-Citizens are defined as SPRs and foreigners (excluding Malaysians for both groups). B ELIGIBILITY OF SUBTENANTS 1 Permitted Subtenants: a. Singapore Citizens; or b. Singapore Permanent Residents; or c. Non-citizens legally residing in Singapore who are holders of Employment Passes, S Passes, Work Permits*, Student Passes, Dependant Passes or Long-Term Social Visit Passes. These passes must have a validity period of at least 6 months as at the date of subletting application. * Work Permit holders from Construction, Marine and Process sectors must be Malaysians. 2 Non-Permitted Subtenants: a. Non-Malaysian Work Permit holders from the Construction, Marine and Process sectors; or 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; or c. Owners of Executive Condominium units where the 5-year minimum occupation period has not been met; or d. Tourists or foreigners who do not fall within paragraphs B1b or B1c above. 3 Corporate Subtenants: Flat owners may sublet their flat to a corporate body to house its employees. However, they must: a. Ensure that the company allows only persons who meet the eligibility conditions of subtenants i.e. comply with paragraphs B1 and B2 above to stay in the flat (Hereinafter referred to as the occupiers); b. Provide the particulars of the occupiers in the subletting application form; c. Ensure that only authorised occupiers who are registered with HDB are staying in the flat; d. Ensure that every authorised occupier registered with HDB occupies the flat for at least 6 months before the occupier can be replaced by any new occupier; e. Ensure that any new occupiers authorised by the company meet the above eligibility conditions and are duly registered with the HDB. Flat owners must notify HDB of any change of particulars of the authorised occupiers and/or if any of the authorised occupiers move out of the flat, within 7 days of the occurrence. For inclusion of any new occupiers, flat owners must obtain HDB s approval before the new occupiers may move into the flat; f. Ensure that the non-citizen occupiers had lawfully entered Singapore and are lawfully allowed to remain in Singapore; g. Ensure that the occupiers comply with all the terms and conditions of subletting; and h. Ensure that the occupiers vacate the premises upon termination of subletting or in the event that the subletting approval is revoked by HDB or in the event that the name(s) of occupiers are deleted by HDB if it is subsequently discovered that any information provided in the sublet application (e.g. the particulars of the occupiers) is inaccurate or untrue, or if the occupiers are ineligible. 2

3 4 Non-Citizen Quota for Subletting of Flat Subtenants who wish to rent a whole flat are subject to the Non-Citizen Quota for Subletting of Flat as long as one or more subtenant is a non-malaysian non-citizen. When the Non-Citizen Quota in a neighbourhood and/or block is reached, subtenants who wish to rent a flat in that neighbourhood or block must be Singaporeans or Malaysians. C TERMS AND CONDITIONS FOR SUBLETTING OF WHOLE FLAT 1 Flat owner(s) and their proposed subtenant(s)/occupier(s) must satisfy the above stated eligibility requirements for the subletting of the flat. Flat owner(s) must not have committed any infringement at any time prior to the submission of the application or at any time thereafter. 2 The flat owner must obtain the HDB s prior written approval before commencement of subletting. 3 The subletting must commence on the date of the approved commencement date which must be by the end of the next calendar month. 4 Flat owners can only apply for renewal of the subletting approval 2 months before the expiry date of the existing subletting approval. 5 Flat owners are not allowed to sublet the flat on a short-term basis. Each individual subtenant (or authorised occupier of corporate subtenants registered with HDB) must be in continuous occupation of the flat for at least 6 months. 6 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 flat owners and occupiers will also be debarred from applying for or being included in any application for any HDB accommodation. 7 The flat owner must provide a valid address and the subtenants particulars at the time of application. Flat owners must inform HDB of any subsequent changes of any subtenants particulars or when any of the subtenants move out of the flat within 7 days of the occurrence. For inclusion of new subtenants, flat owners must obtain HDB s approval before the new subtenants may move into the flat. 8 HDB reserves the right to withdraw the approval for the subletting of the flat or delete the name(s) of any subtenant(s) if it is subsequently discovered that any of the information given in the application (including the particulars of the subtenants) is untrue, inaccurate or the flat owners have wilfully suppressed any material information to HDB. In such situations, HDB shall not be liable for any cost or expense that the flat owners may have incurred or damages suffered arising from the withdrawal of our approval or deletion of name(s) of subtenant(s). 9 If the flat owner 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 standard form and which has been lodged with the High Court, must be furnished (Please consult your solicitor on the POA). 10 Flat owner/attorney/administrator/executor/public Trustee/Committee/ Deputy appointed by the Court is responsible for: a. Ensuring that the flat is sublet to eligible subtenants only; b. Ensuring that there is no overcrowding. 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 9 persons to a flat for 4-room and bigger flats; c. Notifying the HDB of any changes in respect of the subletting within 7 days. For inclusion of new subtenants, HDB s approval must be obtained before the subtenants move into the flat; d. Ensuring that the subtenants observe and comply with all the covenants in the lease, all terms and conditions of the approval to sublet the flat and the provisions of the Housing & Development Act Cap 129 and all amendments made hereto; e. 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 Flat owner/attorney/administrator/ Executor/Public Trustee/Committee/Deputy appointed by the Court; f. Ensuring that the subtenants do not further sublet the flat to other persons; g. Ensuring that the living room, household shelters and utility rooms are not used as bedrooms; 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 or deletion of name(s) of subtenants if it is subsequently discovered that any information provided in the sublet application (e.g. the particulars of your subtenant) is inaccurate or untrue, or if the subtenants are ineligible.; j. Ensuring compliance with all terms and conditions of the subletting; k. Extending a copy of terms and conditions of the approval to sublet to all the subtenants for their reference and compliance; and l. Conducting regular checks and ensuring that the subtenants do not misuse the flat and/or create nuisance to the neighbours. 11 The property tax of the flat will be revised when you sublet your HDB flat. For the applicable property tax rate and the procedure to notify IRAS, please refer to For property owners> Essential Property Tax Information for HDB Flat Owners. 3

4 12 The maximum period for subletting of flat per application is 36 months or as stipulated in the approval letter, whichever is shorter. However, for subletting involving non-malaysian non-citizen (i.e. SPR and foreigner) subtenants, the maximum period of subletting per application is 18 months or as stipulated in the approval letter, whichever is shorter. A new application is required for each new or renewal of the subletting. 13 Where approval has been obtained for the inclusion of new subtenants, the new tenants are required to move into the flat latest by the end of the next calendar month from the date of approval. 14 Flat owners are required to comply with the Non-Citizen Quota for Subletting of Flat policy during the entire period of the subletting. Any proposed change of subtenants will be subject to the Non-Citizen Quota for Subletting of Flat. 15 Flat owners, who have earlier obtained approval to sublet the flat to Singaporean or Malaysian subtenants but subsequently include one or more non-malaysian subtenants, will have the remaining subletting period revised to 18 months if the remaining approved period of subletting is more than 18 months. 16 The HDB s consent to the 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 2 weeks notice if there is any breach of the terms and conditions for the subletting of flat, terms and conditions of the Lease agreement; or provisions of the Housing and Development Act (Cap 129). 17 It is advisable for flat owners 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 issued by either party to the other; or b. the Housing & Development Board (HDB) revokes or withdraws its consent to the subletting, or deletes the name(s) of subtenant(s). 18 Any notice required to be served by HDB on the flat owner shall be deemed to be sufficiently served if: a. it is sent by ordinary or registered post to the flat owner(s) addressed to him at the flat or the address given by Attorney/ Administrator/Executor/Public Trustee/Committee/Deputy appointed by the Court, irrespective of whether or not the same is received and/or returned undelivered; b. it is affixed to some conspicuous part of the flat; or c. An is sent to the address indicated in the sublet application. 19 The flat owner 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 flat owner ceases to be eligible to sublet his flat, whichever is earlier. The flat owner must inform HDB when he ceases to be eligible to sublet his flat. The flat owner must also give HDB 2 weeks written notice prior to the date of termination of the subletting. 20 Please note that the period of the approved subletting will not be included in the computation of the requisite occupation period/time bar in assessing the flat owners eligibility to: a. resell the flat in the open market; b. invest in a private residential property; c. apply for a subsidised HDB flat * ; and d. sublet the flat under the 3-year and 5-year MOP** categories. * Para 20c is not applicable if the flat is a non-subsidised flat (I.e. flat purchased from the open market without a CPF Housing Grant) ** Minimum Occupation Period 21 HDB s approval for the subletting of whole flat will be automatically revoked upon the transfer of flat ownership. If the transferees (proposed owners) wish to sublet the flat after the transfer, they are required to submit a fresh application to HDB after the legal completion of the transfer of flat ownership. 22 A non-refundable administrative fee of $20/- is payable for each application. If the flat owner 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 reassess the eligibility of the flat owners to sublet the flat. A fresh administrative fee will be payable to HDB according to the prevailing rate at the time of the new application. 23 HDB reserves the right to rely on any information and/or records of any other relevant authorities to obtain or verify any information relating to or in connection with the application. In this regard, the source of information will not be revealed to the applicants. HDB also reserves the right to write to and request information from all the applicants. 24 HDB collects personal data from you to administer HDB's public housing programmes and services. HDB may share the 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 flat owner/his Attorney/Administrator/Executor/Public Trustee/Committee/Deputy appointed by the Court. You may also refer to for the latest terms and conditions for subletting. 4

5 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. IV Declaration/Undertaking by Flat Owners/Attorney/Administrator/Executor/Public Trustee/Committee/Deputy 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 foreign subtenants have lawfully entered Singapore and are lawfully allowed to remain in Singapore; undertake to ensure that my/our subtenants, including any additional or substitute authorised occupiers of corporate subtenants meet all the eligibility conditions; accept that any approval granted by HDB to the subletting shall not in any circumstances be treated as a waiver of any infringement of the terms of the Lease. In the event of any such infringement, any approval granted by HDB is deemed to be revoked; agree to produce any original supporting documents to HDB for verification, if required by HDB; declare that the Power of Attorney (POA), prepared in HDB's standard form has been properly executed and lodged in the High Court. In the event that the POA does not meet HDB's requirement, I/we accept that the subletting approval granted by HDB is deemed to be revoked; accept that HDB reserves the right at all times to revoke the subletting approval or delete the name(s) of any subtenant(s), if the approval was granted as a result of the false information provided or if the subtenants are ineligible; confirm that I/we am/are aware that legal action may be taken against me/us if I/We had knowingly provided false information relating to this application. I/We am/are aware that in addition to other remedies, the Housing and Development Act provides that any person who make a false statement in this application is liable to a fine not exceeding $5,000 or to an imprisonment for a term not exceeding 6 months, or both. (1) (2) (3) (4) Right Thumb Print/Signature of Flat Owners/Attorney/Administrator/Executor/Public Trustee/Committee/Deputy appointed by the Court* Date: * Delete where not applicable HMGOPS/LEMS/APR2015 5