§ 19M — Application for determination

19M.—(1) This section applies when the owner of a prescribed property receives a notice of cash grant pertaining to a tenant that is purportedly a PTO of that property (called in this Division the subject tenant).(2) Any landlord (including the owner) or tenant of the property in the PTO chain (called in this Division the applicant) may, within the prescribed time, apply in the prescribed form and manner to the Registrar to appoint a rental relief assessor to make any of the determinations mentioned in subsection (3) or (4), as applicable.

(3) If the applicant is a landlord, the determinations are —(a)

whether the subject tenant satisfies the prescribed criteria for a PTO;

(b)

whether the subject tenant (being a PTO) satisfies the prescribed additional criteria for the additional rental relief; and

(c)

whether the applicant satisfies the prescribed criteria for a reduction of the additional rental relief.

(4) If the applicant is either a landlord or tenant, the determinations are —(a)

the actual amount of the rent under the lease agreement; and

(b)

the actual amount of any component of the formula used to compute the prescribed amount of rent that is waived under section 19H or 19J in the particular case.

(5) An application for a determination mentioned in subsection (4) may not be made if —(a)

proceedings before a court or an arbitral tribunal have commenced in relation to the matter in question; or

(b)

a judgment of a court, an arbitral award, a compromise or a settlement has been given or made in relation to the matter in question.

(6) A copy of the application under subsection (2) must be served within the prescribed time on all the landlords (including the owner) and tenants of the property in the PTO chain and such other person as may be prescribed.

(7) The Registrar may, for the purposes of deciding whether to appoint a rental relief assessor to determine the application, request the applicant to provide further information within the time specified by the Registrar.

(8) The Registrar may reject an application if —(a)

the application is incomplete or otherwise not made in accordance with subsection (2);

(b)

the applicant fails to satisfy the Registrar that subsection (6) is complied with;

(c)

the applicant fails to comply with the Registrar’s request under subsection (7);

(d)

the Registrar reasonably suspects that any information provided by the applicant to the Registrar is false or misleading in a material particular;

(e)

it appears to the Registrar, from the application or any information provided by the applicant, that the application is frivolous or an abuse of process; or

(f)

where the application is for a determination mentioned in subsection (4) — it appears to the Registrar, from the application or any information provided by the applicant under subsection (7), that the application is made in breach of subsection (5).

(9) Unless the Registrar rejects an application under subsection (8), the Registrar must appoint a rental relief assessor to determine the application and must serve a notice of the appointment on the applicant and the persons mentioned in subsection (6).[Act 30 of 2020 wef 30/09/2020]

—(1) This section applies when the owner of a prescribed property receives a notice of cash grant pertaining to a tenant that is purportedly a PTO of that property (called in this Division the subject tenant).

(2) Any landlord (including the owner) or tenant of the property in the PTO chain (called in this Division the applicant) may, within the prescribed time, apply in the prescribed form and manner to the Registrar to appoint a rental relief assessor to make any of the determinations mentioned in subsection (3) or (4), as applicable.

(3) If the applicant is a landlord, the determinations are —(a)

whether the subject tenant satisfies the prescribed criteria for a PTO;

(b)

whether the subject tenant (being a PTO) satisfies the prescribed additional criteria for the additional rental relief; and

(c)

whether the applicant satisfies the prescribed criteria for a reduction of the additional rental relief.

(4) If the applicant is either a landlord or tenant, the determinations are —(a)

the actual amount of the rent under the lease agreement; and

(b)

the actual amount of any component of the formula used to compute the prescribed amount of rent that is waived under section 19H or 19J in the particular case.

(5) An application for a determination mentioned in subsection (4) may not be made if —(a)

proceedings before a court or an arbitral tribunal have commenced in relation to the matter in question; or

(b)

a judgment of a court, an arbitral award, a compromise or a settlement has been given or made in relation to the matter in question.

(6) A copy of the application under subsection (2) must be served within the prescribed time on all the landlords (including the owner) and tenants of the property in the PTO chain and such other person as may be prescribed.

(7) The Registrar may, for the purposes of deciding whether to appoint a rental relief assessor to determine the application, request the applicant to provide further information within the time specified by the Registrar.

(8) The Registrar may reject an application if —(a)

the application is incomplete or otherwise not made in accordance with subsection (2);

(b)

the applicant fails to satisfy the Registrar that subsection (6) is complied with;

(c)

the applicant fails to comply with the Registrar’s request under subsection (7);

(d)

the Registrar reasonably suspects that any information provided by the applicant to the Registrar is false or misleading in a material particular;

(e)

it appears to the Registrar, from the application or any information provided by the applicant, that the application is frivolous or an abuse of process; or

(f)

where the application is for a determination mentioned in subsection (4) — it appears to the Registrar, from the application or any information provided by the applicant under subsection (7), that the application is made in breach of subsection (5).

(9) Unless the Registrar rejects an application under subsection (8), the Registrar must appoint a rental relief assessor to determine the application and must serve a notice of the appointment on the applicant and the persons mentioned in subsection (6).[Act 30 of 2020 wef 30/09/2020]