Steps in the Proceedings

Steps in the Proceedings

You should only make an application for an Assessor’s Determination (“Application”) if you are unable to come to an agreement with the other party or parties to the contract.

Please note that the outcome of the Application will be final. There will be no appeals from the Assessor’s determination.

Please take note of the following deadlines to file an application for an Assessor’s Determination:

* The role of an Assessor in these cases is to determine whether the moratorium (i.e. temporary relief from legal and enforcement action) applies. An Assessor’s determination is no longer necessary after the expiry of the prescribed period, as the moratorium automatically lapses when the prescribed period expires.

Important Note if You Are Seeking Rental Relief

If you are a SME tenant seeking rental waivers under the rental relief framework, you DO NOT need to make an application for an Assessor’s determination under Part 2 of the Act. Please check if you fall within one of the following scenarios:

• If you are a SME and believe that you are eligible for rental waivers, but have not heard from the landlord or received the Notice of Cash Grant, you may make an application to IRAS at https://go.gov.sg/governmentcashgrant from 21 August 2020 to 21 October 2020.
• If your landlord has served you the Notice of Cash Grant issued by IRAS, you DO NOT need to make an application for an Assessor’s determination or do anything further. The rental waivers apply automatically upon receipt of the Notice of Cash Grant by your landlord. You simply do not need to pay rent for the applicable period to the landlord.
• If you received the Notice of Cash Grant, but have already paid rent for those months for which rent should have been waived (e.g. April and May), you may simply apply the waiver to future rent (e.g. waive the rent for October and November). You DO NOT need to request that your landlord return the April and May rent to you. If there is insufficient time left in the lease, you can obtain a refund from your landlord. If the landlord refuses to make the refund, please seek independent legal advice on how to commence legal proceedings to claim the refund. You do not need to make an application for an Assessor’s determination.

If there is any disagreement on the tenant’s eligibility for the rental waivers, the landlord may make an application to have a rental relief assessor ascertain the tenant’s eligibility.

Please click here to find out more about the rental relief framework and assessor’s determination under the rental relief framework.

Relief for inability to perform contractual obligations

Step 1: Applicant Applies for an Assessor’s Determination

Any party or parties to the contract who wish to apply for an Assessor’s determination (“the Applicant”) must submit to the Registrar an Application after serving or being served the Notification for Relief:

The Application must be accompanied by:

• A copy of the Notification for Relief;
• A copy of the contract or, if there is no written contract, a description of how the contract was made and the relevant terms of the contract; and
• Any other supporting documents.

Currently, an Application for an Assessor’s Determination can be submitted at no cost.

To submit the Application to the Registrar using the electronic system:

• If you are acting on behalf of an entity that is a party to the contract, please use this link (CorpPass).
• If you are an individual who is a party to the contract, please use this link (SingPass).

Note:

• It is important that you use the correct link to submit the Application. Otherwise, the Application may be rejected. You are encouraged to enclose supporting documents to your Application.
• By submitting an Application, you agree to keep any information or documents disclosed by the other party or parties for the purposes of the Application, or any matters discussed during the proceedings before the Assessor, confidential, and will not disclose any such information, documents or matters to any third parties.

To register for a SingPass or CorpPass, please visit https://www.singpass.gov.sg or https://www.corppass.gov.sg, respectively.

Step 2: Registrar Reviews Application for an Assessor’s Determination

The Registrar will review the Application.

If the Registrar is satisfied that the Application is in order, the Registrar will send the Applicant:

• An acknowledgment of receipt of the Application; and
• A Response form or link to the Response form that the Respondent (i.e. the other party or parties to the contract) must submit to the Registrar.

Step 3: Applicant Serves Documents on Respondent

Within 2 working days after receiving the documents from the Registrar in Step 2, the Applicant must serve a copy of the Application for an Assessor’s Determination, together with the documents received from the Registrar in Step 2, on the following Recipients, where applicable:

• The party to the contract who had served the Notification for Relief or the party to the contract who was served the Notification for Relief (“the Respondent”);
• Every other party to the contract;
• Any guarantor or surety for the obligation in the contract; and
• The Issuer of Related Performance Bond.

The documents can be served on the Recipient(s) by the other modes of service.

Step 4: Applicant Submits Declaration of Service

The Applicant must submit to the Registrar a Declaration of Service demonstrating that service to the Recipient(s) as required in Step 3 has been carried out. The submission of the Declaration of Service must be within 1 working day of completing Step 3.

To submit the Declaration of Service using the electronic system:

• If you are acting on behalf of an entity that is a party to the contract, please use this link (CorpPass).
• If you are an individual who is a party to the contract, please use this link (SingPass).

Step 5: Respondent Submits Response

The Respondent must submit a Response to the Registrar and serve the Response on the following Recipient(s), where applicable, within 5 working days after being served the documents in Step 3:

• The Applicant;
• Every other party to the contract;
• Any guarantor or surety for the obligation in the contract; and
• The Issuer of a Related Performance Bond.

Submission and service by the electronic system

To submit and serve the Response using the electronic system (if you have an email address and the email address(es) of the Recipient(s)):

• If you are acting on behalf of an entity that is a party to the contract, please use this link (CorpPass).
• If you are an individual who is a party to the contract, please use this link (SingPass).

Submission and service by other modes if you are unable to use the electronic system

If you are unable to submit and serve the Response using the electronic system, please download the Response using this form and:

a. Send the form to the Registrar by way of email as provided in the acknowledgment of receipt of the Application which was served on you (you should cite the Application No. in your email request); and
b. Serve the form on the Recipient(s) using the other modes of service.

Please note that if the Respondent fails to submit a Response, the Registrar may proceed to appoint an Assessor, and the Assessor may make a determination on the Application, which will be binding on all parties to the Application.

Step 6: Registrar Sets Appointment for Hearing

If the Registrar is satisfied that Steps 3, 4 and 5 have been duly completed, the Registrar will send to the Applicant and Respondent by way of email:

• A notice of the appointment of an Assessor; and
• If applicable, a notice of the date and place for the hearing.

Please note that the Registrar may proceed to appoint an Assessor and to fix a hearing where the Respondent fails to file a Response within the relevant period in Step 5.

Step 7: Assessor Conducts Hearing and Makes Determination

The hearing will generally be conducted by way of exchange of emails. The Assessor may request for clarifications or further documents by email.

If the Assessor is of the opinion that the interest of justice would be better served by an online or physical hearing:

• Online hearings will be conducted via Webex.
• Physical hearings will be held at the State Courts Towers (1 Havelock Square, Singapore 059724) or other venue as advised by the Registrar.

Please note for online or physical hearings:

• An Assessor may permit a party to be accompanied by an interpreter at the hearing. The party will be responsible for sourcing their own interpreter.
• No party may be represented by an advocate and solicitor at proceedings before an Assessor.

If a party to a determination is absent from the hearing, the Assessor may dismiss the application or make a determination on the case.

If the party had a good reason for being absent, they may make an application to set aside the dismissal or determination made in their absence. See Application to Set Aside a Dismissal or Determination.

Step 8: Registrar Informs Applicant and Respondent of Assessor’s Determination

After the Assessor has made a determination, the Registrar will inform the Applicant, the Respondent, and all other parties who were served the Application for an Assessor’s Determination.

There is no appeal against an Assessor’s determination and it will be binding on all parties to the Application.

The records of the determination will be kept by the Registrar until 20 October 2022.

The Registrar may publish the facts of the case, the arguments and the determination without disclosing the names of the parties concerned or any information that may disclose their identities.