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Paper 1 · Landlord & Tenant Law · 9 min read

Lease vs Licence in Singapore (and a Mortgagee's Power of Sale)

Practise this section (115 questions) → · 2.3 Landlord and tenant law, in sets of about 30

Must-know for the exam

  • A lease grants exclusive possession for a term at a rent and is an interest in land that can bind third parties; a licence binds only the person who granted it.
  • Exclusive possession is the decisive hallmark; courts apply substance over form (Street v Mountford), so a document labelled 'licence' granting exclusive possession is a lease.
  • A lease exceeding 7 years is registered (LTA s 87(1)), and an option to renew counts towards the 7 years (s 87(3)(a)).
On this page · 10 sections

This Paper 1 day covers three things examiners love: the lease-versus-licence line, when a tenancy binds a buyer, and what a lender can do when a borrower defaults. The label on a document decides none of them.

Lease vs licence

A lease (tenancy) grants exclusive possession for a term at a rent — it is an interest in land that can bind third parties. A licence is mere permission to be on the property; it creates no proprietary interest and is personal between the parties.

  • Exclusive possession — the decisive hallmark of a lease (the right to exclude others, even the owner).
  • Certainty of term — a defined or ascertainable duration.
  • Rent — usual, though not strictly essential.

Courts apply substance over form — if the occupier has exclusive possession for a term, it is a lease however the document is labelled. Genuine exceptions (a lodger receiving services, a family/charitable arrangement) lack true exclusive possession and remain licences.

Lease (tenancy)Licence
NatureAn interest in landA personal permission, enforceable only as a contract between the parties
Binds a buyer of the property?Yes, if registered or within the short-tenancy protection belowNo: it binds only the person who granted it
Occupier can sue a trespasser?Yes, in their own nameNo; the owner must
Death of landlord or tenantThe lease continues and passes to the estateUsually ends, being personal
Stamp dutyLease duty payableGenerally none if it is truly a licence (IRAS, Renting a property, read 1 Oct 2026)
Why the label matters: what follows from each.

Types of tenancy & registration

  • Fixed-term (e.g. 2 years), periodic (rolls month-to-month), tenancy at will, tenancy at sufferance.
  • Registration: a lease of registered land exceeding 7 years is made by an instrument of lease and registered (Land Titles Act 1993 s 87(1), current at 1 Oct 2026). An option to renew counts: 6 years plus a 3-year option is 9 years, so it is registrable (s 87(3)(a)).
  • Short tenancies bind a buyer anyway. A new registered owner takes subject to the rights of a tenant in occupation under a tenancy of 7 years or less, options included (s 46(1)(h)). A longer lease left unregistered and uncaveated does not bind the buyer.
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Quick self-check · 5 questions

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  1. What is the decisive hallmark that makes an arrangement a lease rather than a licence?Show answer

    Exclusive possession for a term. Courts look at substance over form, so a document labelled 'licence' that grants exclusive possession for a term is a lease (Street v Mountford).

  2. A tenancy is for 6 years with a 3-year option to renew. Must it be registered to bind a buyer?Show answer

    Yes. The option counts, making the term 9 years, and a lease of registered land exceeding 7 years is registered (LTA s 87). Only a tenant in occupation under a tenancy of 7 years or less binds a buyer unregistered (s 46(1)(h)).

  3. How is stamp duty calculated on a lease of up to 4 years, and when is it due?Show answer

    0.4% of the total rent, usually paid by the tenant within 14 days of signing in Singapore. Leases over 4 years use 0.4% of 4 times the average annual rent; an AAR of $1,000 or less is exempt.

  4. Does a bank need a court order to exercise its power of sale, and what triggers it?Show answer

    No court order. A trigger is a notice demanding payment followed by 3 months' default, interest 1 month in arrears, or breach of another mortgage term (CLPA s 25, applied by LTA s 69).

  5. A bank sells under its power of sale for $700,000 on an $800,000 loan. What happens to the shortfall, and to any surplus?Show answer

    The borrower still owes the ~$100,000 shortfall. A surplus never goes to the bank: after costs and later mortgages in priority order, the residue goes to the borrower (LTA s 74(1)).

Common questions

What is the difference between a lease and a licence?
A lease grants exclusive possession for a term and is an interest in land; a licence is only permission to use a space, with no exclusive possession. Courts look at substance, not the document's title.
Does a bank need a court order to sell a mortgaged property on default?
Generally no. The power of sale is exercisable without a court order once a statutory trigger is met, such as 3 months' default after a notice demanding payment (Conveyancing and Law of Property Act s 25). But it must act in good faith and take reasonable care to obtain the property's true market value, and any shortfall after sale remains the borrower's debt.
Does an existing tenancy bind someone who buys the property?
Only a short one automatically. A tenant in occupation under a tenancy of 7 years or less, counting any option to renew, binds a new registered owner without a caveat (Land Titles Act s 46(1)(h)). A longer lease binds a buyer only if it is registered, or protected by a caveat until registration. A licence never binds a buyer.
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Study material aligned to the public CEA syllabus. Not financial or legal advice — verify current figures with the relevant authority (IRAS, HDB, CEA, MAS).