Thian Leng Chong Toh Tong v Thian Leng Old Folks Home: Recovery of Possession & Unpaid Rent
Thian Leng Chong Toh Tong, the plaintiff, sued Thian Leng Old Folks Home (2013), the defendant, in the General Division of the High Court of the Republic of Singapore, seeking vacant possession of property and unpaid rent under a tenancy agreement. Ang Cheng Hock J allowed the plaintiff's appeal, granting summary judgment for vacant possession, unpaid rent, interest, double value, and the right to dispose of the defendant's belongings. The defendant's claim of an oral set-off agreement was rejected.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Plaintiff sought vacant possession and unpaid rent from the defendant. The court granted summary judgment to the plaintiff for vacant possession, unpaid rent, interest, and double value.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Thian Leng Chong Toh Tong | Plaintiff, Respondent | Association | Appeal Allowed | Won | Parmar Karam Singh, Leong Lijie |
| Thian Leng Old Folks Home (2013) | Defendant, Appellant | Association | Appeal Dismissed | Lost | Seah Choon Huat Johnny |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ang Cheng Hock | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Parmar Karam Singh | Tan Kok Quan Partnership |
| Leong Lijie | Tan Kok Quan Partnership |
| Seah Choon Huat Johnny | Seah & Co |
4. Facts
- The plaintiff sought vacant possession and unpaid rent from the defendant.
- The defendant claimed an oral set-off agreement existed to offset rent against loans from Liu.
- The court found no credible evidence of loans made to the plaintiff.
- The court rejected the defendant's claim of a set-off agreement.
- The defendant failed to provide a copy of the schedule of advances.
- The defendant made rental payments during the tenancy, inconsistent with the set-off claim.
- The defendant was in clear default of its obligation to pay rent.
5. Formal Citations
- Thian Leng Chong Toh Tong v Thian Leng Old Folks Home (2013), Suit No 1225 of 2020 (Registrar’s Appeal No 332 of 2021), [2022] SGHC 174
6. Timeline
| Date | Event |
|---|---|
| Plaintiff society registered | |
| Home commenced operations | |
| Liu approached the caretaker of the plaintiff | |
| Liu took over management and operation of the Home | |
| Management Agreement executed | |
| Defendant society registered | |
| Separation Agreement executed | |
| Tenancy Agreement executed | |
| Tenancy commenced | |
| MOH revoked the defendant’s licence | |
| Licence revocation reported in the media | |
| Plaintiff notified defendant Tenancy Agreement would not be renewed | |
| Defendant denied breaches of the Tenancy Agreement | |
| Tenancy Agreement terminated | |
| Plaintiff demanded vacant possession | |
| Plaintiff sought double value from this date | |
| First hearing of the registrar’s appeal | |
| Hearing of SUM 3491/2021 before the AR | |
| Judgment issued | |
| Order made as to the quantum of damages for holding over |
7. Legal Issues
- Summary Judgment
- Outcome: The court granted summary judgment to the plaintiff.
- Category: Procedural
- Recovery of Possession
- Outcome: The court ordered the defendant to deliver vacant possession of the Demised Premises to the plaintiff.
- Category: Substantive
- Unpaid Rent
- Outcome: The court ordered the defendant to pay the plaintiff S$200,000 in unpaid rent, plus interest.
- Category: Substantive
- Set-Off Agreement
- Outcome: The court found that there was no triable issue as to the alleged Set-Off Agreement.
- Category: Substantive
- Double Value for Holding Over
- Outcome: The court ordered the defendant to pay double the value of the Demised Premises from 1 October 2020 to the date of judgment.
- Category: Substantive
8. Remedies Sought
- Vacant Possession
- Unpaid Rent
- Interest
- Double Value
- Declaration to Dispose of Belongings
9. Cause of Actions
- Recovery of Possession
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Real Estate Law
11. Industries
- Real Estate
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ritzland Investment Pte Ltd v Grace Management & Consultancy Services Pte Ltd | Singapore Court of Appeal | Yes | [2014] 2 SLR 1342 | Singapore | Cited for the principle that to obtain leave to defend, the defendant must establish a fair or reasonable probability that he has a real or bona fide defence. |
| Republic Airconditioning (S) Pte Ltd v Shinsung Eng Co Ltd (Singapore Branch) | Singapore High Court | Yes | [2012] 2 SLR 601 | Singapore | Cited for the principle that leave to defend will not be granted based upon “mere assertions” of a defence; instead, the court will look at the whole situation critically to examine whether the defence is credible. |
| M2B World Asia Pacific Pte Ltd v Matsumura Akihiko | Singapore Court of Appeal | Yes | [2015] 1 SLR 325 | Singapore | Cited for the principle that where assertions in support of a defence are lacking in precision, inconsistent with contemporaneous documents, or are inherently improbable, the court has a duty to reject such assertions and find that the issue raised is not triable. |
| Olivine Capital Pte Ltd v Chia Chin Yan | Singapore Court of Appeal | Yes | [2014] 2 SLR 1371 | Singapore | Cited for the principle that in summary judgment proceedings, a defendant must be bound by its pleadings. |
| UDL Marine (Singapore) Pte Ltd v Jurong Town Corporation | Singapore High Court | Yes | [2013] SGHC 236 | Singapore | Cited for the explanation that double value means the “market rent during the holding over period”. |
| Chief Assessor v Keppel Corp Ltd | Singapore High Court | Yes | [1994] 1 SLR(R) 457 | Singapore | Cited for the explanation that annual value is “what the hypothetical tenant might reasonably be expected to pay by way of rental on a yearly tenancy upon the terms stipulated under the relevant part of the definition [in the Act]”. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Civil Law Act 1909 (2020 Rev Ed) | Singapore |
| Property Tax Act 1960 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Tenancy Agreement
- Demised Premises
- Set-Off Agreement
- Vacant Possession
- Unpaid Rent
- Double Value
- Holding Over
- Management Agreement
- Separation Agreement
- Lump Sum Payment
15.2 Keywords
- Tenancy
- Rent
- Vacant Possession
- Summary Judgment
- Set-Off
- Loans
- Holding Over
- Double Value
16. Subjects
- Civil Procedure
- Land Law
- Landlord and Tenant Law
- Contract Law
17. Areas of Law
- Civil Procedure
- Land Law
- Landlord and Tenant Law
- Contract Law