Khew Kim Kee v Sim Jo-Lin: Tenant's Obligation to Pay Rent Despite Alleged Defects
In Khew Kim Kee v Sim Jo-Lin, the High Court of Singapore heard an appeal by Sim Jo-Lin against a summary judgment entered in favor of Khew Kim Kee for unpaid rent and possession of premises at 697 East Coast Road. The plaintiff, Khew Kim Kee, sued the defendant, Sim Jo-Lin, for breach of a tenancy agreement. The court, presided over by Judith Prakash J, dismissed the appeal, finding that Sim Jo-Lin had failed to demonstrate a triable issue regarding her obligation to pay rent, despite her claims of structural defects and misrepresentation.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against summary judgment for unpaid rent. The court found no triable issue, holding the tenant liable despite alleged property defects.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Khew Kim Kee | Plaintiff, Respondent | Individual | Judgment for Plaintiff | Won | Ross Tan |
| Sim Jo-Lin | Defendant, Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ross Tan | Rodyk & Davidson LLP |
4. Facts
- The plaintiff is the owner of a building at 697 East Coast Road.
- The defendant was the tenant of units #02-01, #03-01 and #04-01 in the building.
- The tenancy agreement was for 24 months, commencing on 15 March 2011, with a monthly rent of $9,000.
- The defendant stopped payment on the cheque for the first month's rental.
- The defendant claimed the plaintiff breached the agreement due to structural defects and lack of an SCV connection.
- The premises were let on an unfurnished basis.
- The defendant was given a rent-free period to conduct renovations.
5. Formal Citations
- Khew Kim Kee v Sim Jo-Lin, Suit No 215 of 2011 (Registrar's Appeal no 260 of 2011), [2012] SGHC 235
6. Timeline
| Date | Event |
|---|---|
| Temporary occupation permit issued | |
| Certificate of statutory completion issued | |
| Defendant given possession of premises | |
| Tenancy agreement entered into | |
| Tenancy commenced | |
| First month’s rental cheque dated | |
| Plaintiff gave written notice of breach | |
| Action commenced | |
| Defence and counterclaim filed | |
| Summary judgment application heard | |
| Possession of premises surrendered | |
| Decision Date |
7. Legal Issues
- Breach of Contract
- Outcome: The court held that the defendant breached the tenancy agreement by failing to pay rent.
- Category: Substantive
- Sub-Issues:
- Failure to pay rent
- Failure to provide habitable premises
- Misrepresentation
- Outcome: The court found that the defendant's allegation of misrepresentation was unsubstantiated.
- Category: Substantive
8. Remedies Sought
- Vacant possession of the premises
- Outstanding rent
- Mesne profits
- Interest
- Costs
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Real Estate Law
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Sook Yee’s Principles of Singapore Land Law | N/A | Yes | Tan Sook Yee’s Principles of Singapore Land Law (3rd Ed, LexisNexis) | Singapore | Cited for the principle that there is no implied term that premises are fit for human habitation unless the premises are let furnished. |
| Halsbury’s Law of Singapore | N/A | Yes | Halsbury’s Law of Singapore (vol 14(2), 2009 Reissue) | Singapore | Cited for the principle that there is no general implied warranty on the part of the landlord that the demised premises are fit for the purposes for which they are taken. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Tenancy agreement
- Mesne profits
- Vacant possession
- Structural defects
- Unfurnished premises
- Rent-free period
- SCV connection
15.2 Keywords
- tenancy agreement
- rent
- structural defects
- misrepresentation
- summary judgment
- Singapore
16. Subjects
- Landlord and Tenant
- Contract Law
17. Areas of Law
- Landlord and Tenant Law
- Contract Law
- Civil Procedure