LANDLORD’S RIGHT TO CLAIM FOR DOUBLE RENT

SECTION 28(4)(a) CIVIL LAW ACT 1956

“…Every tenant holding over after the determination of his tenancy shall be chargeable, at the option of his landlord, with double the amount of his rent until possession is given up by him or with double the value during the period of detention of the land or premises so detained, whether notice to that effect has been given or not…”

What is “Holding Over”?

HOLDING OVER

The Learned Judge in Rohasassets Sdn Bhd v Weatherford (M) SDN BHD & Anor and another considered the Singapore position under Section 28(4) of the Singapore Civil Law Act which is in pari materia with our Section 28(4)(a) Civil Law Act 1956. In Lee Wah Bank the Singapore Court of Appeal held that the expression “Holding Over” requires an intention on the part of the tenant to refuse to deliver up the premises with the knowledge that he has no right to remain in possession.

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