Friday, June 23, 2006
OWNERS risk losing their HDB flats if they are found to have engaged in smuggling activities within the flat.
| If someone conducts illegal activities in your home... | |
| Will you lose your flat? | |
| It depends, say lawyers | |
| OWNERS risk losing their HDB flats if they are found to have engaged in smuggling activities within the flat. | |
| |
| 23 June 2006 | |
| OWNERS risk losing their HDB flats if they are found to have engaged in smuggling activities within the flat. Lawyers told The New Paper that the HDB can repossess the flat if home owners and their relatives conduct illegal activities in it. Examples of illegal activities can range from drug-related offences to storing smuggled goods, gambling or even prostitution. Lawyer Luke Lee said the terms of HDB's lease agreement grants HDB the right to repossess the flat. But it will usually act upon the accused's conviction. Despite its right to repossess the unit, lawyers believe HDB tends to exercise this on a case by case basis. STERN WARNING Mr Lee said: 'HDB is fair and compassionate.' The home owner will usually receive a stern warning or a fine. Lawyer Amolat Singh cited an example of his client who was convicted of gambling in his HDB flat. The client subsequently wrote a letter of undertaking to HDB after the conviction and promised not to repeat the offence. As a result, the issue was not pursued by HDB. In another example, Mr Singh said the HDB did not repossess his client's flat even after he was sentenced to death for drug trafficking. Instead, the flat was sold and the proceeds went to his siblings. HARDSHIP TO FAMILY Mr Singh said: 'Repossession of the flat brings hardship to the convict's family and defeats the Government's objective of providing public housing to the population.' An important factor which goes into repossession is whether the flat is owner-occupied. Mr Singh said: 'In cases where it is not, the case for repossession becomes much stronger because the owner is not dependent on it for personal housing.' One cannot claim that he has no knowledge of the illegal activity taking place in his flat. For instance, what if a member of your family is involved in the illegal activity but you are not aware of it? Mr Lee said the terms of HDB's tenancy agreement implies that the tenant is technically deemed to have knowledge of all activities regardless of whether they are illegal or not. In circumstances where the owner is not involved in the illegal activity and has no knowledge, Mr Singh said HDB may be compassionate enough to issue a warning letter to the tenant. IMAGE He said: 'HDB may list the convicted person as a 'non-permitted occupier' and the tenant is responsible for ensuring that the convicted person does not live in the flat.' Mr Singh also raised the issue of HDB being very concerned about the image of public housing, so certain activities such as prostitution and gambling have more severe implications if the tenant is found guilty. 'This is because HDB wants to maintain a healthy neighbourhood image for HDB flats,' he said. |
Do you Yahoo!?
Next-gen email? Have it all with the all-new Yahoo! Mail Beta.
// posted by Shajahan @ 12:19 PM 