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Early Retirement SG

Why Is It So Hard To Understand 99 Year Lease

15/7/2020

7 Comments

 
Talk about HDB or any 99 year lease condo...
And there's many people up in arms. 

It's a lease. Everyone knows that. 
Yet people don't want to recognize it as a 99 year rental agreement. 

People tell themselves many stories, fluff up their own thoughts. Ownself bluff ownself. 
A lease is a lease. End of story. You don't own the place. 
End of the lease, the property goes back to the OWNER... The REAL person who owns the place. 

It's been really good marketing.
Selling Singaporeans the idea that they own their property. Regardless whether it's HDB or Condo. 
Of course this idea goes back to when the Government marketed HDBs as growth assets. 

And it's true. HDBs are growth assets for a period of time. 
People buy the prepaid rent. 
Then they live in it for 5 years. Due to inflation, market rent is much higher than the prepaid rent offered by HDB or the condo developer, so people are now able to sell their unused rent at market rates. Which is higher than what they initially paid for it. 

Then people try to tell themselves that they own the place. They say, if you don't own it, you don't pay property tax, you don't pay conservancy fees, etc...

HELLO... those are the terms of rental. 
It's like a clause in the rental contract... Just terms and conditions... 

Example...
Landlord is willing to rent you his property if you are willing to pay for conservancy charges, pay his property tax, pay for upgrading, etc...

And since you sign the terms of this "rental agreement" then you have to cover the costs of all these things. 
But make no mistake. People don't own the property for a 99 year lease... Heck people don't even own the property of a 999 year lease. 
Just cos the renter pays for all the miscellaneous fees doesn't make the person the owner of the place.

So why is it so hard for people to understand this?
Well, I think could be due to a combination of multiple factors. 

1. The Government has consistently used the term "home ownership".
Keep saying it and people will believe it. 

2. People like the idea of owning their own place.
It's a good feeling. So people like to tell themselves that they own their own place. 
Ownself bluff ownself also feels good. 

3. 99 years is a long time. 
Humans aren't really good at planning for the future. They think 99 years is a long time. And it is...
For most part, 99 years is a long time. So people don't need to think about the lease expiring.

4. The ability to keep moving.
Many people keep moving. So they don't need to think about the concept of a lease. They just stay in a place for 10 years, then sell and move, and repeat. They'll never need to bother about the lease expiring. Just need to keep downgrading the location, or size and keep the lease remaining long. 

5. You pay to the bank.
People don't have to pay "rent" cos... prepaid rent ma. They borrow from the bank to pay the "landlord" a lump sum. You don't pay it regularly to the landlord. So psychologically, people don't relate the payment to the landlord when they stay in it. 
Change the payment terms to paying HDB monthly like any rental agreement and see how fast people will realize that it's rent, even though it's 99 years. 

6. Miscellaneous fees.
For people who rent regularly, they don't need to pay certain fees, like property tax, light bulbs, upgrading costs, etc... 
So when people need to pay for these, they relate it to ownership...
But as I said above, all these could easily be included into any rental agreement. 
Some rental places have free utilities, some rental places, the tenant pays for utilities.
Some rental places have free facilities, some rental places, the tenant pays for facilities...
So similarly, the terms of rental could be adjusted to have the tenant pay for anything else. It's an agreement between the landlord and the tenant. 

There's probably other psychological reasons which I didn't think of... 
But it is what it is... 
There's no other way to think about it. 99 year lease is a lease. 
You don't own it. 

Although practically, there's ways to work around the situation. Like moving every 10-15 years. Then you won't experience the lease expiring, cos it's always "renewed". 

So bottom line, it's a lease, you don't own the HDB or any property on lease. But it's possible to work around it, such that the expiration of the lease doesn't affect us. 

And just for fun... you own your car... You just can't use it if you don't have COE. Different from HDB... 
The effect is similar, when the COE expires you can't use the car, but technically, you actually own the car. The car isn't on lease. 



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7 Comments
Sinkie
15/7/2020 02:38:44 am

It's not the lease per se that gets people's goats. It's the fact that 96% (probably higher for HDB built after 1985) won't even smell SERS.

OK there's VERS. But that's only when the HDB is older than 70 yrs. With less than 30 yrs lease left, residents won't have much pricing power with HDB or any other prospective developer. Really doubtful if any VERS will occur at all.

For leasehold condo, by hook or by crook owners will eventually enbloc before the lease decay gets too terok e.g. Pearl Bank Apts, Golden Mile Complex will eventually be sold, even if owners have to bite the bullet & reduce their reserve price by $100M. Sama sama for Sim Lim Square.

So far there isn't any leasehold private property that simply runs out the lease & return back to SLA. People aren't mass suicidal.

So yeah, HDB is really rental-up-front. The legal leasehold for HDB is also different from private leasehold, in case anyone wonders. That's why HDB buyers have no right to conduct their own enbloc.

For anyone who wants to "maintain" their HDB value, they can only keep moving to another HDB before it crosses 30 yrs old. Either that or move to private property.

But even if you're rich enough to own extra private properties to farm out productively, residential property at today's prices in Singapore is a poor use of $$$$$.

Ever wonder why no developer has yet to come up with a residential Reit in S'pore?? ;)

Reply
Robin
15/7/2020 01:23:21 pm

Lease expired and return to State happened to Geylang Lorong 3, 191 terraced house. No extension allowed.
So the question is whether are you allow to renew the lease by SLA.

Hypothesis case: In the event that Gov allow renew lease of HDB flat. it can be done through similar exercise like enbloc but do you think the residents can pay another round of $100k-$400k. Will CPF be sufficient enough? How much left for retirement?

Does Ascott Reit consider as residential & hotel REIT?

Reply
Sinkie
16/7/2020 12:10:04 am

Those terrace houses were HDB. Plenty of such houses around Queenstown too. Do you think HDB will SERS those? Lol.

If real leasehold, your lease is direct from SLA. Will SLA allow extension or renewal of private lease? Of course! As long you got the $$$$$ as well as the resources to ensure safety of the old buildings or redevelopment into new buildings.

The problem with HDB lease is that it is between you & HDB for your pigeon hole in the sky. The actual lease for the land is between HDB & SLA, and is held and retained by HDB. This lease is usually for 104 years, to allow for construction time. As HDB dweller, you have no legal status to even talk to SLA. You have to go through HDB.

PS: One benefit of the 104 yrs HDB lease is that very often you get longer than 99 yrs for your flat as construction can just take 3 yrs. E.g. you get the keys to your BTO in Jan this year, but the actual 99 yrs only start next year.

This is not the case for private leasehold. Part of the 99 yrs is already consumed by construction time. By the time you move into your new condo, the lease is left with 96 or 95 years.

Haha Ascot not residential.

Vivky
15/7/2020 02:58:39 pm

"Yet people don't want to recognize it as a 99 year rental agreement."

To say that is is a 99 year rental agreement, sound weird.
Because if it is consider as rental, then you don't have the right to sell.

It just that you own a HDB unit but not forever, just for 99 years with term and condition.

Basically it is a public housing unit, not private. It is heavily subsided by Govt. That I think is one of the reasons for not having the enbloc benefit.

Reply
ERSG
15/7/2020 10:38:25 pm

If you own something. You never need to return it to someone else. The fact that you need to return it, means you don't own it.

A rental is a rental.
What you can do to the property is merely "terms and conditions".
Whether the landlord allows you to resell the remaining part of the rental, or enbloc, it's all just T&C.
The landlord agrees to rent you this property for 99 years and allows you to do some stuff to it, but don't allow you to do some stuff to it.

Also, you aren't selling the property. You're selling the remaining lease. You're selling the right to use the property for the remaining period.
You're not selling the property.

Reply
Sinkie
16/7/2020 12:26:20 am

Haha you own the lease to the flat, with the right to transfer the lease to approved 3rd parties.

Anyway for average person in Singapore, this arrangement is very good. It can help to minimise capital outflow to housing, and allow you to put your capital to more productive things like investments or even just leave in CPF haha. You can even turn the lease into a productive one by subletting 1 or 2 rooms. Govt calls it subletting becoz you're not the main landlord hahaha.

Else in a developed city situation, you will end up with average flat prices like HK, London, New York, Tokyo. Imagine if the cheapest 1-bedroom flats in Singapore are $1+M.

Reply
RS
24/8/2020 04:42:22 pm

I totally agree with Sinkie. Do you hear private 99yrs lease owners 'cao pei cao bu' about lease issue? Private owners can enbloc and make a windfall. HDB owners see lease expires and zerofall. SERS and VERS? Kindly dont ownself bluff ownself.

Reply



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