Mortgagee’s right to take possession subject to existing lease: United Overseas Bank Ltd v Loh Boon Hua [2015] SGHCR 9

• Main Author: SEE, Alvin W. L.
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2015
• Subjects: Dispute Resolution and Arbitration; Public Law and Legal Theory
• Online Access: https://ink.library.smu.edu.sg/sol_research/2548; https://ink.library.smu.edu.sg/context/sol_research/article/4506/viewcontent/mortgagee.pdf
• Institution: Singapore Management University

This case raises the interesting issue of whether a mortgagee’s right to enter into possession of a mortgaged property upon the mortgagor’s default is subject to a prior and existing lease. The determination of this issue has important implications given Singapore’s sizeable rental market and the absence of prohibition against a landlord mortgaging a property that is already rented out.