Does the tenant have to be deliberately overstaying for double rent to apply?
In Marchmont Pte Ltd v Campbell Hospitality Pte Ltd [2024] SGHC 108, the High Court rejected an argument that holding over requires a subjective intention to refuse to give up the premises, and held that any knowledge requirement is assessed objectively. Tenants should not assume that an honest belief they could stay, or a dispute with the landlord, will protect them. Take legal advice on your specific facts.
From the RRD Field Guide, checked against the sources cited in The True Cost of a Late Handback: Holding Over, Double Rent and Mesne Profits in Singapore. General information, not advice for your project.
The fuller picture
If a tenant stays in possession after its Singapore lease ends, section 28(4) of the Civil Law Act 1909 lets the landlord charge double rent or double value for the holding-over period, and many leases add their own terms. With CBD Grade A rents around S$12 to S$13 psf a month in Q3 2026, a 5,000 sq ft office can cost over S$4,000 a day in double rent alone.
More questions on this topic
- Is double rent automatic if I hand back my Singapore office late?
- Is double rent calculated on the old rent or the current market rent?
- What are mesne profits?
- If I have moved out but reinstatement is unfinished, am I holding over?
- Can the landlord keep my security deposit if I hand back late?
- How do I estimate my own exposure?
- Is it better to negotiate an extension than to overstay?