Flat Owners to Register Subletting of Rooms with HDB

Singapore: From 1 Feb 2010, flat owners who sub-let rooms in their HDB flats will have to register with HDB within 7 days of doing so. They are also required to notify HDB when they renew or terminate the sub-letting of rooms, and when there are changes to their sub-tenants' particulars. There is no need to seek prior approval for sub-letting of rooms.

2 The new requirement will support the Ministry of Home Affairs (MHA)’s on-going efforts to eradicate loan-sharking activities, and to better protect HDB residents. Currently, some people use their old addresses to borrow from loan-sharks while they rent a room in another HDB flat. As they have moved their place of residence without updating addresses in their NRICs, this resulted in the new flat occupiers being harassed by the loan-sharks while the borrowers are untraceable.

3 Through this new rule, HDB will be able to capture the particulars of those who rent rooms in HDB flats. With information on the addresses of owners and sub-tenants, MHA will be able to trace the movements of borrowers.

Details of Registration

4 The new rule will apply to all new and existing cases of room sublets:

• For the existing cases where the sub-letting tenancies commenced before 1 Feb 2010, owners are given a 6-month grace period from 1 Feb 2010 to register their sub-letting of rooms with HDB
• For new cases of sub-letting from 1 Feb 2010, owners will have to register with HDB within 7 days from the start date of the subletting

5 To facilitate registration, flat owners may either register their sub-letting of rooms online or at the Branch Office, where HDB staff will be on hand to guide them on the registration process.

6 Flat owners will be required to provide only essential information shown in Annex A.
Penalty for Non-Compliance

7 A penalty of up to $3,000 will be imposed on those who flout the rule. HDB may compulsorily acquire the flats of flat owners who repeatedly fail to comply with the new requirement.

8 Apart from this new rule, there is no change to the other terms and conditions for sub-letting of rooms as shown in Annex B.

Enquiry

9 For further information or enquiries, the public can contact the HDB Branch Office Service Line at 1800-2255432.

Date Issued : 12 Jan 2010


Annex A

Information To Be Provided By Flat Owners Who Sublet Rooms
a) Sub-letting commencement date
b) Sub-letting expiry date
c) No. of rooms sublet
d) Rental per month
e) Name of sub-tenants
f) Household structure of sub-tenant (family or individual)
g) UIN/FIN of sub-tenant
h) Nationality of sub-tenant
i) Citizenship of sub-tenant
j) Ethnicity of sub-tenant
k) Work pass of sub-tenant (e.g work permit, employment pass)
l) Sector which subtenant works in (service, construction, manufacturing..etc)
m) Reasons for subletting


Annex B

Terms and Conditions of Sub-letting of Rooms

ELIGIBILITY OF FLAT OWNERS
Eligible Flat Owners
a. Owners of HDB flats are allowed to sublet their bedrooms if they own a 3-room or bigger flat. No prior approval from HDB is required for subletting of bedrooms.
b. Owners and all authorized occupiers must continue to reside in the flat at all times during the period of subletting.
c. Owners of 1 and 2-room flats are not allowed to sublet their bedrooms. Number of Bedrooms Allowed For Subletting

Flat Type Maximum Number of Bedrooms Allowed for Subletting. Maximum Number of Occupiers* Allowed in Each Flat

3-room 1 bedroom 6 persons
4-room 2 bedrooms 9 persons
5-room 2 bedrooms 9 persons
Executive 2 bedrooms 9 persons
*include owners, authorized occupiers and subtenants

ELIGIBILITY OF SUBTENANTS
Permitted Subtenants :-
a. Singapore Citizens;
b. Singapore Permanent Residents;
c. Non-citizens legally residing in Singapore [holders of Employment Passes, S Passes, Work Permits, Student Passes, Dependant Passes, Professional Visit Passes, Long Term Social Visit Passes (6 months and above)].

Non-Permitted Subtenants :-
a. Non-Malaysian foreign construction workers;
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 a
bedroom/bedrooms in an HDB flat from other flat owner.
c. Owners of existing Executive Condominium units where the 5-year minimum
occupation period has not been met.

REGISTRATION OF SUBLETTING OF BEDROOMS & PROVISION OF
SUBTENANTS’ PARTICULARS
a. Owners need not seek HDB’s approval to sublet bedrooms. However, they must register the subletting of bedrooms with HDB within 7 days from the commencement date of the subletting. They must also notify HDB of the subsequent renewal and termination of the subletting and changes to their subtenants or subtenants’ particulars within 7 days from the date of occurrence of the respective events.

b. Owners must provide subtenants’ particulars and other subletting details such as effective and expected expiry date of subletting, number of bedrooms sublet, rental per month etc at the time of registration and inform HDB of subsequent changes.

PERIOD OF SUBLETTING
The maximum period for subletting of bedrooms is 3 years per registration. A new registration is required for each new or renewal of the subletting.

FAILURE TO REGISTER SUBLETTING OF BEDROOMS WITH HDB
If the owners fail to register the subletting of bedrooms with HDB and inform HDB of subsequent changes (termination and renewal of subletting and changes to subtenants or subtenants’ particulars) within the stipulated grace period, the subletting of bedrooms will be deemed as unauthorized and HDB can take action against the owners under the Housing & Development Act which includes imposition of penalty up to a maximum of $3,000. For repeated offenders, HDB can compulsorily acquire the flat.

EXPIRY OR TERMINATION OF SUBLETTING
The owners must ensure that the subtenants vacate the premises upon expiry of the subletting period or when the owners cease to be eligible to sublet the bedrooms, whichever is earlier. They must terminate the subletting when they cease to be eligible to sublet the bedrooms.

RESPONSIBILITY OF FLAT OWNERS/ADMINISTRATORS/EXECUTORS/PUBLIC
TRUSTEE/COMMITTEE APPOINTED BY THE COURT
The owners/administrators/executors/Public Trustee/Committee appointed by the
court are responsible for :-

a. ensuring that the bedrooms are sublet to eligible subtenants only;
b. ensuring that the maximum number of bedrooms which are sublet does not exceed the maximum number allowed by HDB;
c. ensuring that there is no overcrowding and that the maximum number of persons* staying in the flat does not exceed the maximum number allowed by HDB;
d. ensuring that the subtenants observe and comply with all the covenants in the lease and the provisions of the Housing & Development Act Cap 129
(including all amendments made hereto) and be responsible for all infringements committed by them;
e. ensuring that the non-citizen subtenants have entered and are remaining in Singapore lawfully at all times while the subletting is in force.
f. ensuring that the subtenants do not further sublet the bedrooms to other persons;
g. surrendering vacant possession of the flat to HDB in the event the flat is repossessed by HDB; and
h. evicting the subtenants upon notice from HDB.
* includes owners, authorized occupiers and subtenants

PHYSICAL OCCUPATION OF FLAT
The owners and all authorized occupiers must continue to reside in the flat at all times during the period of subletting.

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