HDB backs down on acquiring flat

[Acemundo]

i susupect hdb people now kena scolded left right centre liao

someone probabaly sign extra duty like siao liao

yeah la.....imagine the other people who have no money to hire lawyer......they will be bullied by HDB only.

[Mustank]

Seems a bit b------d on HDB's part IMO.

 

I mean, if you're someone who travels a lot and quite often not at home, then like that how? They cannot suka suka say you not living at your house just because you happen to not be in it what.

 

wait a minute wait a minute

the report neber say the owner whole day travel mah

[Mustank]

yeah la.....imagine the other people who have no money to hire lawyer......they will be bullied by HDB only.

 

[Benarsenal]

Each and every statutory board shouldnt waste tax payer money.

 

If they want to sue some individual, make sure can nail that individual, and not let the individual walk scott free.

 

Our Govt always like that one what. Scattergun approach, sue first talk later.

 

They think they use legal action damn power damn bigshot. But nowadays people not so easily bullied already.

[Benarsenal]

wait a minute wait a minute

the report neber say the owner whole day travel mah

 

He company director leh, so we assume he travels often lah.

[Mercs]

Salute him for standing up for his rights.

 

 

[Kezg1]

Our Govt always like that one what. Scattergun approach, sue first talk later.

 

They think they use legal action damn power damn bigshot. But nowadays people not so easily bullied already.

 

 

 

same same after erection.....sue and sue to keep opp. Quite

[Donut]

He should demand for $$ compensation com HDB, FOR WASTING HIS TIME. submit his man hour to HDB

[HP_Lee]

By K.c. Vijayan Senior Law Correspondent

 

 

A FLAT owner's bid to challenge the HDB's move to take back his five-room unit ended yesterday when the Housing Board told the High Court it will withdraw its notice of intent to acquire the flat.

 

Mr Chew Teck Fatt in return agreed not to proceed with his judicial review application.

 

Justice Woo Bih Li, who made no order on the application, ruled that HDB pay Mr Chew's legal costs at the closed-door hearing.

 

Yesterday's turn of events staved off a potential landmark case on whether the decisions of the HDB and the office of the Minister of National Development can be the subject of judicial review.

 

When contacted last night, Mr Chew, a 38-year-old company director, said he was about to leave for Taiwan in the morning with a "heavy heart" as this matter had caused him stress for about two years. But "I felt very relieved and happy when my lawyer Kirpal called me and said the case was withdrawn, just as I was about to board the plane".

 

An HDB spokesman The Straits Times spoke to warned that the board "takes a serious view of any unauthorised subletting as HDB flats are primarily meant for owner occupation.

 

"In this particular case, as additional information had surfaced after Mr Chew had filed his court application, we decided to give him the benefit of doubt...

 

"This avoids unnecessary litigation in court and will save both time and costs for the court and all the parties concerned."

 

Mr Chew had bought the resale flat along Bukit Batok Street 25 for $480,000 in 2010.

 

The next year, he let out a room to a couple and then a second to a Taiwanese man whose child went to school here. In both cases, he had HDB's approval.

 

But a probe by HDB officers, which included surveillance of the flat and interviews with the tenants, found that he was not living there.

 

It is a longstanding HDB policy that where an owner does not stay in his flat during the period of subletting, this would be evidence that the whole unit was being rented out. Subletting an entire flat without approval is against the rules, and can lead to the HDB compulsorily acquiring the unit.

 

But Mr Chew denied renting out the whole flat and claimed he kept the third room for his use. He also said that there were times when he worked late or stayed at his mother's place at Jalan Bahagia in Balestier.

 

At issue in the case would have been whether there must be continuous physical occupation of the flat before Mr Chew can be said to have abandoned his interest in the unit and was wholly subletting it illegally.

 

At yesterday's hearing, the court was informed that both HDB and the minister would notify Mr Chew in writing that they would not pursue their notice of intent to re-acquire his flat made in December 2011 and January 2012 respectively. The minister's decision is made after any aggrieved party appeals to his office in a compulsory acquisition notice by HDB.

 

 

 

[email protected]

 

I suspect many are doing such act, without the HDB approval. This is just one of too many such. No one tip-off, nothing happens. Partly, they are warning to those who have that kind of intention to do so.

Edited March 20, 2013 by HP_Lee

[Kangadrool]

He should demand for $$ compensation com HDB, FOR WASTING HIS TIME. submit his man hour to HDB

 

I think most would probably be happy to get the flat back. How to fight such long battle unless you're really loaded.

[PorkChong]

this director got black and white for the 2 other rooms tenants.

so no case for hdb about that.

 

if i buy resale and sublet out 2 rooms then i cannot hold on to my job that require frequent travelling???and i must 24/7 stay in sgp and inside my flat?

simi l@nji@o logic?

 

hdb ownself score own goal.

[Kangadrool]

What is the difference between approval for subletting rooms and whole unit? Difference in tax? Due to minimum occupation period requirement? But his is a resale right (bought at market value, not "market subsidized" price) what?

[Kezg1]

this director got black and white for the 2 other rooms tenants.

so no case for hdb about that.

 

if i buy resale and sublet out 2 rooms then i cannot hold on to my job that require frequent travelling???and i must 24/7 stay in sgp and inside my flat?

simi l@nji@o logic?

 

hdb ownself score own goal.

 

 

 

No Logic...its just that they cannot see peasant making some passive income, let alone selling to make profit

.... 50% of the profit have to be deducted to fund the new purchase if loan is required...

 

[Happily1986]

What is the difference between approval for subletting rooms and whole unit? Difference in tax? Due to minimum occupation period requirement? But his is a resale right (bought at market value, not "market subsidized" price) what?

 

Even if you buy your flat on open market without using CPF, you cannot rent out the whole flat as there is MOP. perhaps HDB acted on the presumption that Chew had rented out the entire flat.

 

Also no mention of which month he bought the flat. Apparently buying the resale flat before Aug 2010, MOP = 3 yrs and buying after Aug 2010, MOP = 5 years

 

Guidelines for renting out whole flat

[Wyfitms]

well done. not easy to win against cheng hu since they are the ones that write the rules.

 

Looks like they will soon amend the regulations soon to cover cases like this!

[Sabian]

Next time, retire in another country, rent out your HDB.

If HDB want to find fault. Just show your passport.

[Soya]

means what? the "lock one room" trick is legal?

[Acemundo]

means what? the "lock one room" trick is legal?

haha.....more like HDB now have more obstacles towards calling such a practice illegal.

 

like i said earlier, HDB should just stop all these subletting. then they won't be caught in such an embarassing situation of being pinned down by the rules they themselves set. such rules always comes with difficulty in enforcement.