Tuesday, April 7, 2009

Rental deposits and cheating

A previous post dealt with cheating by dishonest flat owners or agents, in relation to rental deposits.

How to prove cheating? If the other party knew that he could never deliver on his promises. For example, if the landlord rents out a flat that is occupied by a legal tenant, and there are no grounds for the landlord to evict the existing tenant.

Another common example - renting one flat out to several tenants promising each of them occupation of the entire flat. Obviously, the landlord would not be able to carry out his promise to each of them.

Report such cases to the police and follow up with them to find out the progress of investigations.
Many offenders found guilty of cheating end up in jail. What factor that is important in deciding on punishment is whether restitution has been made. In other words, whether the offender has repaid all or some of the illegally obtained money.

Sunday, April 5, 2009

Dishonest flat owners

Today's Sunday Times newspaper deals with dishonest flat owners and agents.

Singapore has generally a low crime rate. However, this does not mean everyone here is an angel. Like any other place, one should take basic precautions.

Some general advice - before handing a cheque to anyone, find out who they are. Take down their particulars including their full name, identity card number (or passport number) and address. Name cards can easily be printed by anyone and since most do not have photographs, they are next to useless as a means of identification.

Nowadays with handphone cameras are so common, you should even consider taking a picture of the person making promises to you. A picture is worth a thousand words but in court, a picture may be worth 5 witnesses.

Thursday, April 2, 2009

Avoiding the Small Claims Tribunal

The previous post referred to the fact that in the normal courts (not the Small Claims Tribunal), the loser pays the winner's legal fees but usually only about 75%.

How to recover your full legal fees? If you draft a contract with your customers, include a clause which is often used by banks, credit card and finance companies. This clause states that if you have to sue, the other party will pay your legal costs on an indemnity basis. These key words mean that you will in all probability be granted your full legal costs. Of course, remember, this is only useful if the other party has funds to pay.

Consult your lawyer for more information.