Rental disputes between landlords and tenants, while not frequent, can sometimes arise. In recent years, the number of rental-related claims filed at the Small Claims Tribunals (SCT) has been rising compared with pre-COVID levels, reflecting the increase in leased properties across Singapore.

The SCT offers a way for both parties to settle disputes without incurring hefty legal fees. Here's everything you need to know about filing a claim, the costs involved, and key considerations.

Small Claims Tribunals: An Overview

The SCT is part of the State Courts of Singapore. Established in February 1985, its objective is to resolve minor claims between two parties quickly and affordably. This includes rental disputes between tenants and landlords.

Typical rental disputes the SCT can help resolve:

• Landlord seeking damages to amenities, appliances, or the property itself

• Tenant asking the landlord to repair appliances or parts of the property

• Early termination of the tenancy agreement by either party

• Forfeiture of the tenant's security deposit at the end of the lease

• Eviction of a tenant

Before seeking the SCT's assistance, you should first try to settle the dispute amicably with the other party. You can also request the property agent(s) involved in the rental deal to help mediate.

Key Rules to Note Before Filing

Before lodging a claim, keep the following rules in mind:

• You and the respondent must have entered into a valid tenancy agreement

• The tenancy agreement must be for a residential space only — not commercial purposes

• The tenancy period must not exceed two years

• Both parties must not be bankrupt or insolvent (you can check via the Ministry of Law's Insolvency Office)

Claim limit: Up to $20,000 — can go up to $30,000 if both parties are willing (a Memorandum of Consent must be signed).

Limitation period: You have two years to make a claim, giving both parties time to settle amicably before filing if needed.

What Kind of Damages Can Landlords Claim?

Landlords cannot claim damages caused by normal wear and tear, especially if the tenancy agreement includes a Fair Wear and Tear clause. For example, scratches on the main door would not typically be claimable.

However, if reckless acts cause damage and both parties cannot agree on compensation, you can file a claim. It is advisable to take photos of the property, including furniture and fixtures, at various points during the tenancy. Should a dispute arise, these images can serve as evidence.

Types of Disputes You Can File

The SCT handles a range of disputes, including:

• Purchase of goods

• Provision of services

• Damage to property

• Disputes over residential tenancy leases not exceeding two years

If you are unsure whether your claim falls within the Tribunal's jurisdiction, you can take a pre-filing assessment online.

How to File a Small Claim

Step 1: Submit a Claim Online Log in to the Community Justice and Tribunals System (CJTS). Select the claim form, fill in the required information, and pay the filing fees. Payment can be made via credit card, internet banking, or at the State Courts.

Step 2: Choose a Consultation Date Once fees are paid, select a consultation date and time. Save and print a copy of the claim and Notice of Consultation to serve the claim.

Step 3: Serve the Claim Within seven days of filing, serve the claim and Notice of Consultation to the respondent. You must personally deliver or send them via registered post. As the claimant, you are responsible for serving a hard copy to inform the other party about the court proceedings and their attendance requirements. A claim must be served from within Singapore.

Step 4: Upload the Declaration of Service Before the first consultation and after serving the claim, upload the Declaration of Service in the CJTS portal. Include the date and time of service, details of who received the notice, and how it was delivered.

At this step, submit supporting documents (e.g., receipts, invoices, contracts) under the 'Online Applications' tab. If documents are not in English, they must be translated. Business entities will need a Letter of Authorisation and an ACRA Business Profile.

Filing Fees

Filing fees are not refundable. However, filing a small claim is significantly more affordable than a lawsuit, and you do not need to hire a lawyer.

What Happens After Filing?

After filing and serving the notice, both parties must attend a consultation session, where the Tribunal will attempt to mediate amicably. During the consultation, the Registrar will:

• Assess if the claim falls within the Tribunal's jurisdiction

• Allow both parties to discuss their cases to reach an amicable resolution

• Fix a Hearing before a Tribunal Magistrate if no agreement is reached

If the dispute is not resolved during the consultation, the SCT can schedule a Hearing within 24 hours. Both parties will present their cases before the Tribunal Magistrate. Even after filing, you and the respondent may still attempt to settle. If an agreement is reached before the consultation date, you can withdraw the claim via the CJTS portal.

Final Thoughts

The Small Claims Tribunals offer a practical, cost-effective avenue for resolving rental disputes in Singapore. With clear procedures, affordable fees, and the option to resolve matters without legal representation, the SCT provides a valuable service for both landlords and tenants. If you find yourself in a dispute, acting promptly, preparing your documents thoroughly, and attempting amicable resolution first can save time, money, and stress.