How can we get back the good faith deposit from the landlord if he is not refunding after the change of use failed

In Singapore, if a landlord is not refunding the good faith deposit (often referred to as a security deposit in the context of tenancy agreements), here are some steps you can take:

Clarify the Reason

First, ask the landlord to provide a clear reason for not refunding the deposit. The landlord should substantiate their decision, typically citing reasons such as outstanding rent, damage to the property beyond normal wear and tear, cleaning fees, or breach of the tenancy agreement.

Review the Tenancy Agreement

Check your tenancy agreement to see if it specifies the conditions under which the deposit can be withheld. Ensure that the agreement clearly states that the deposit is only to be used for damages to the property or unpaid rent, and that the landlord must advise you in writing before making any deductions.

Document Evidence

If you have documented the state of the property through photographs and inspections, this evidence can be crucial in disputing any claims of damage or other issues.

Send a Formal Letter

If the landlord refuses to refund the deposit without a valid reason, send a formal letter requesting the refund. Specify the amount and the reasons why you believe the deposit should be returned.

Small Claims Tribunals or Magistrate’s Court

If the issue cannot be resolved amicably, you can file a claim with the Small Claims Tribunals if the amount is within their jurisdiction. However, you must be physically present in Singapore to take this route. If you are not in Singapore or if the amount exceeds the tribunal's limit, you may need to engage a lawyer to file a claim in the Magistrate’s Court.

Ensure Timely Refund

The tenancy agreement should stipulate a specific deadline for the refund of the security deposit, typically within 7 to 30 days after the end of the tenancy. If this deadline is not met, you can take further action based on the terms of your agreement.

By following these steps, you can better protect your rights and increase the likelihood of recovering your good faith deposit.