COS 2015 Debate: MND – Housing Tribunal (MP Sylvia Lim)

By MP for Aljunied GRC, Sylvia Lim
[Delivered in Committee of Supply on 10 March 2015]

Over 80% of Singapore residents live in HDB housing.  HDB is the landlord, while Town Councils are mandated to manage and maintain the common property.   Under the Memorandum of Lease signed by HDB flat lessess, the lessee too has responsibilities e.g. to keep windows, doors, and the interior of the flat in good and tenantable condition; the lessee also undertakes not to obstruct the common areas and not to use his flat for illegal or immoral purposes or in such manner as to cause nuisance, annoyance or disturbance to his neighbours.

There are often issues arising between flat lessees and the HDB and Town Councils over who bears the responsibility of rectifying problems.  For instance, a ceiling leakage is experienced within a flat.  Is this due to fair wear and tear of materials within the flat, which would be the lessee’s responsibilty to rectify?  Was the leakage experienced after certain upgrading works by HDB?  Was it due to wear and tear of common property?  It could well be a combination of some or all of the above as well.

When problems are reported, HDB and Town Councils will put in effort to investigate and assist residents.  However, residents may disagree with the stand taken by HDB or their Town Council that the problem is within the resident’s own purview,  since, understandably, HDB and Town Councils are seen interested parties who may otherwise have to do the works.

Currently, there are no low-cost procedures for a neutral body to adjudicate such matters.  To be fair to everyone, the government could look into setting up a low-cost Housing Tribunal to adjudicate and mediate in disputes between HDB, Town Councils and flat lessees.  The tribunal should have an informal procedure, and adjudicators who are legally trained or persons of technical expertise, depending on the nature of the dispute.  Such a neutral tribunal would help ensure that housing disputes are resolved fairly and holistically.