GPF Executive Workshop on Excellence in Managing Tenancies / Leases – Landlord and Tenant Obligations in Business Tenancies
GPF Executive Workshop on Excellence in Managing Tenancies / Leases – Landlord and Tenant Obligations in Business Tenancies,
Executive Workshop on Excellence in Managing Tenancies / Leases – Landlord and Tenant Obligations in Business Tenancies,
Dear colleagues
Executive Workshop on Excellence in Managing Tenancies / Leases – Landlord and Tenant Obligations in Business Tenancies, Sept 28-29, 2019 Singapore
About the Course
This practical 2-days course deals with business tenancies on the landlord and tenant obligations under the law. There will be several case-studies presentations and the sharing of best practice. You need not have prior legal knowledge to attend this course.
Who Should Attend
Bank Officers, Government Agency Officers, Property Developers, Housing Managers and Officers, Sales and Leasing Executives / Managers, Relocation Professionals, Tenant Relations Officer, Real Estate Professionals, Property agents and consultants and anyone who wants to know the obligations and rights of landlord and tenant
Course Outline:
Day 1 – Morning session
- Recognise difference between Tenancy, Lease and Licence
- Which one to use?
- Rights and Duties of Tenants and Landlords
- who is the reasonable man?
- covenants implied by landlord
– covenant for quiet enjoyment
– non-derogation form grant
– premises fit for human habitation
– repairing obligations
– remedies of Tenant for Breach of Repair Covenant
– damages for Breach of Covenant to Repair
– specific performance, self-help, set-off, appointment of receiver
– covenants implied by tenant to pay rent
– tenant must not commit waste
– voluntary waste
– permissive waste
– ameliorating waste
– equitable waste
– liability of tenants for waste
– fixed term lease
– periodic lease
– tenancy at will
– using premises in a tenant-like manner
– delivering up premises on termination of lease in same
state as when let, fair wear tear excepted
– allow landlord to inspect premises etc.
– some covenants commonly found in leases
– the usual covenants
– open contract
– covenant to pay rent
– covenant to repair
– meaning of “good tenantable repair”
– covenants as to rates, taxes, PUB and maintenance charges
– observance of by-laws – condominiums and other strata title properties
covenant against under-letting and assignment covenant to insure
– Landlord’s liability under statute
– Buildings and Common Property (Maintenance & Management) Act
– Building Control Act
– Rent payable under lease / tenancy
– Quiz
Lunch
Day 1 – Afternoon Session
- Types of Leases / Tenancies
– lease for a fixed term
– yearly tenancies and other periodic tenancies
– tenancy at will
– tenancy at sufferance
- Rent Payable under Tenancy Lease
-recovery of rent
– forfeiture for non-payment of rent
- Fixtures
-right to fixtures as between the parties
– when is chattel a fixture?
– degree of annexation
– mode of annexation
– removal without substantial damage to land?
– purpose of annexation
– what was the object and purpose of annexation?
– fixtures removable by tenant
– when to remove fixtures
– trade, ornamental and domestic fixtures
Tenancy Agreements – Landlord & Tenant Law
- Creation of Leases and Tenancies
-exclusive possession
– definite period
– intention of parties
– reservation of rent
– statutory requirement under Conveyance and Law of Property Act
-formal and informal leases
– doctrine of part performance with case-studies
- Termination of Leases / Tenancies
-by express power
-by surrender under LTA
-by effluxion of time
-by merger
– by forfeiture
– forfetiure for breach of conditions
– forfeiture clause
– section 18 of CLPA Act
– by notice to quit
-by disclaimer
-by frustration
Day 2 – Morning session
- Contents of a Tenancy Agreement
– the premises
– the habendum
– the reddendem
– the covenants
-exceptions and reservations
-the conditions
– repayment of security deposit at end of lease
– the diplomatic clause
– servicing of air-conditioners / chemical wash
– curtain wash provision
– the forfeiture clause
– the process of re-possession (court order)
- Negotiating & Drafting Tenancy / Lease Agreements
– Harvard negotiation project
– PIOC negotiating techniques
– the breakthrough strategies in difficult situations
understanding key terms in tenancy contracts
– avoiding common pitfalls in tenancy contracts
– misrepresentation and inducement into signing tenancies
– minor repair clauses and its implications – best practice sharing tip
– renewal of tenancy contracts
-terminating tenancy contracts
– med-arb clause in Tenancy Agreements
– the stamp fee
– what the ‘security deposit’ means?
– the property agent’s commission
– case-studies on best practices
– key considerations to notice
– the inventory list
– practical tips in drafting effective tenancy contracts
– Walk through of sample tenancy agreements
– Clause by Clause analysis of sample tenancy agreements
Lunch
Day 2 – Afternoon Session
- Is your Tenancy Contract Valid and Enforceable?
- Making a tenancy agreement
- Consideration
- Offer and acceptance
- Letter of offer
- Acceptance of letter of offer
- Subject to contract
- Factors vitiating a tenancy contract
- Mistake
- Fraudulent and negligent misrepresentations
- Illegal tenancy / leases
- Void and voidable tenancies
- Discharge of Tenancy Agreements
– by agreement (novation)
– by performance
– by frustration
– by breach
– Termination of Tenancy
– Break lease
– mediation – show video clip
– arbitration
– mini-trial
– Assessment of damages – monetary compensation
– Damages must not be too remote
– Compensation must be foreseeable under “test of remoteness”
– The principle of mitigation when recovering damages for breach
– Practical tips in resolving tenancy disputes
– Quiz
About the Course Director
Catherine Tay Swee Kian has over 35 years of experience lecturing business and contract law as Associate Professor at the National University of Singapore (NUS), Department of Strategy and Policy, NUS Business School. She is currently lecturing in Industrial Relations and Labour laws at the Ong Teng Cheong Institute of Labour Studies for over 11 years. She was a Visiting Consultant and adjunct lecturer at the Institute of System Science, NUS for over 16 years lecturing IT outsourcing contracts, intellectual property and contract law. She has lectured and facilitated at many seminars, workshops and customised courses for many companies, organisations, hospitals and institutes of higher learning both in Singapore, Malaysia, Thailand and overseas in topics including contract law management and contract administration.
She is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). She was Associate Director of the law firm Bernard & Rada Law Corp.
She was a committee member of the editorial board of the Singapore Accountant Journal, Journal of the Institute of Certified Public Accountants of Singapore and the (United Kingdom) The Company Lawyer. She was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the Cambridge International Symposium on Economic Crime. She was a member of the editorial board of the “Singapore Polytechnic Graduate Guild Journal”. She is currently the Chief Editor of Management Development Institute of Singapore Journal.
She has presented several papers at many conferences and seminars on Business Law, Company and Insolvency Laws both overseas and in Singapore. She conducts in-house training courses for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations including Keppel Shipyard, IBM, Singapore Power; SingTel Mobile Singapore Pte Ltd; ST Logistics; Changi Airports International; PetroChina International (Singapore) Pte. Ltd; Frasers & Neave Centrepoint; Dentsu Singapore Pte Ltd; Bismark, Indonesia; Singex – Singapore Expo; HSBC Bank; Solar Energy Research Institute of Singapore (SERIS); College of Insurance, Singapore; Social Service Institute; HDB.
She graduated from the Queen Mary College, University of London with a Bachelor of Laws (Honours) degree in 1977 and a Master of Laws degree in 1979, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She was called to the English Bar by Lincoln’s Inn in 1978. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson. She won the Aw Boon Haw and Aw Boon Par Memorial Prize for the overall best student in 1980 during her postgraduate practical law course in Singapore. She was called to the Singapore Bar in 1980.
She is an author of several law books, including the latest book which she co-authored with haematologist A/Prof (Dr.) Tien Sim Leng, Senior Consultant from Singapore General Hospital”. She contributed a medico-legal chapter in the book “Paediatric Vision Care – Current Practice and Future Challenges edited by Ai-Hong Chen and Susan J Leat.
Costs:
On or Before 28 Aug 2019: The ‘Early Bird’ Rate is SGD3095 – Save SGD400!
Special Offer! – 3 Delegates For The Price of 2 in This Category! Save SGD3095!
From 29 Aug 2019: The Regular Rate is SGD3495
Special Offer! – 3 Delegates For The Price of 2 in This Category! Save SGD3495!
Note: All fees stated include luncheons, refreshments and complete set of documentation. It does not include the cost of accommodation and travel.
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We look forward to welcome you to our workshops/forums!
Kind regards
Thomas Ng
Chairman
The Global Ports Forum
GLOBAL PORTS FORUM PTE. LTD.
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Terms & Conditions:
No delegate registration will be accepted without completing registration details and full payment.
Upon receipt of your registration details and full payment, further programme information will be emailed to you including your proforma invoice and, if required, a letter of invitation for entry visa application.
Delegates will not be admitted unless payment has been received in Full.
Flights, Airport Transfers and Accommodation are not included in your delegate registration fee.
Refund Policy – a reimbursement of the registration fee, minus administrative charges will only be made if the participant has notified Global Ports Forum Pte. Ltd. in writing that he/she is unable to attend the event no less than 45 days prior to the commencement of the event. No cancellation is allowed after that, but a replacement with another participant is allowed.
This programme is subject to change without notice, E&O.E.