Chiu Cheuk Man v Wu Jianou
Defendant proved a discrete set of specific defects existed at handover and were caused by the claimant; claimant proved only one item (cleaning of water tank) amounted to fair wear and tear; defendant failed to prove most rectification costs and loss of rental due to lack of invoices, evidence of work done and failure to mitigate; accordingly defendant allowed pro‑rated commission and limited rectification sums, must return balance of security deposit and claimant is entitled to interest.
- Citation
- [2026] SGMC 36
- Parties
- Claimant: Chiu Cheuk Man; Defendant: Wu Jianou
- Court
- Magistrates' Court
- Jurisdiction
- Singapore
- Judgment Date
- 17 March 2026
- Case Number
- MC/OC 307/2025
- Procedural Posture
- Magistrate's Court Originating Claim (landlord and Tenant) / Judgment
- Outcome
- Claimant succeeds in part. Defendant's counterclaim allowed in part for pro‑rated commission and limited rectification costs; loss of rental dismissed.
- Legal Topics
- Repair Obligations, Security Deposit, Fair Wear and Tear, Mitigation of Loss, Damages, Interest
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Chiu Cheuk Man
Claimant
Wu Jianou
Defendant
Procedural Posture
Magistrate's Court Originating Claim (landlord and Tenant) / Judgment
Legal Issues
- 1 Whether the defendant was entitled to withhold the security deposit for alleged breaches of repair and maintenance covenants
- 2 Whether the alleged defects existed at the date of handover and were caused by the tenant
- 3 Whether particular defects amounted to fair wear and tear
Ratio Decidendi
Defendant proved a discrete set of specific defects existed at handover and were caused by the claimant; claimant proved only one item (cleaning of water tank) amounted to fair wear and tear; defendant failed to prove most rectification costs and loss of rental due to lack of invoices, evidence of work done and failure to mitigate; accordingly defendant allowed pro‑rated commission and limited rectification sums, must return balance of security deposit and claimant is entitled to interest.
Court Disposition
Claimant succeeds in part. Defendant's counterclaim allowed in part for pro‑rated commission and limited rectification costs; loss of rental dismissed.
Orders
- Defendant to return to claimant the balance of the security deposit of SGD 25557.98
- Defendant awarded pro‑rated commission of SGD 3042.02 and rectification costs of SGD 400 to set off against the deposit
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