This programme is part of the Professional Skills Series, designed specifically to help you understand the challenges and legal aspects of landlord and tenant obligations. It will provide guidance on how to interpret and understand clauses found in tenancy agreements. Samples of a commercial tenancy contract and residential tenancy agreement will be provided; and with a walk-through explanation of a clause-by-clause analysis.
The various methods for conflict resolution will also be discussed to resolve tenancy disputes effectively and promptly. Case-studies will be presented to aid in the understanding on how to read and interpret tenancy contracts. You do not need to have prior legal knowledge to benefit from this practical workshop.
What You Will Learn
At the end of this workshop, you will:
- Know how to interpret and understand clauses found in tenancy agreements.
- Understand the common problems faced in tenancies and know how to tackle and manage them.
- Know how to better manage tenancies and leases within Landlord and Tenant Law and in accordance with the Tenancy Agreements.
1. Rights and Duties of Tenants and Landlords
- Covenants implied by landlord
- Covenant for quiet enjoyment
- Non-derogation from grant
- Premises fit for human habitation
- Repairing obligations
- Covenants implied by tenant to pay rent
- Tenant must not commit waste (4 types of waste)
- Use premises in a tenant-like manner
- Deliver up premises on termination of lease in same state as when let, fair wear tear excepted (white gloves)
- Allow landlord to inspect premises etc.
- Some covenants commonly found in leases
- Covenant against under-letting and assignment
- Covenant to insure
- Psychologically impacted premises – Western countries experiences
- Case scenario questions
2. Understanding Fixtures
- Right to fixtures as between the parties
- When is chattel a fixture?
- Degree of annexation
- Purpose of annexation
- Fixtures removable by tenant
- When to remove fixtures
- What is landlord’s fixtures
- What is tenant’s fixtures
3. Contents of a Tenancy Agreement
- The premises
- The habendum
- The reddendem
- The covenants
- Exceptions and reservations
- The conditions
4. Best Practices in Drafting Tenancy / Lease Agreements
- Understanding key terms in tenancy contracts
- Avoiding common pitfalls in tenancy contracts
- Types of air-conditioning chemical wash
- TV antennas / cables
- Misrepresentation and inducement into signing tenancies
- Minor repair clauses
- Renewal of tenancy contracts
- Terminating tenancy contracts
- The stamp fee
- What does ‘security deposit’ mean?
- The property agent’s commission
- Case-studies on best practice
- Key considerations to notice
- Exit clauses and diplomatic clauses
- Mini-trials, mediation and arbitration
- Practical tips in drafting effective tenancy contracts
5. Creation and Types of Leases / Tenancies
- Exclusive possession
- Definite period
- Intention of parties
- Differences between leases v licence
- Lease for a fixed term
- Yearly tenancies and other periodic tenancies
- Tenancy at will
- Tenancy at sufferance
6. Rent Payable under Tenancy Lease
- Recovery of rent
- Writ of distress
- Forfeiture for non-payment of rent
- Court eviction order
- Padlock cases? – trespassing?
7. Termination of Leases / Tenancies
- By express power
- By surrender
- By effluxion of time
- By merger
- By forfeiture
- By notice to quit
- By frustration
- By disclaimer
Catherine Tay has 35 years of experience in lecturing business law at the Business School of National University of Singapore (NUS), where she was formerly an Associate Professor. She is author of several books and has contributed and published legal articles in established international journals. Catherine studied law at Queen Mary College, University of London and graduated with a Master of Laws. She did her pupillage under the Honourable Lady Mary Hogg in London. Catherine is an Advocate & Solicitor of The Supreme Court of Singapore and also a Barrister-at-Law (of Lincoln's Inn), England. She is a highly sought-after Trainer, and regularly conducts in-house seminars for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations.
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