Executive Workshop on Excellence in Managing Tenancies / Leases - Landlord and Tenant Obligations in Business Tenancies, 15-16 Dec 2016, Singapore
15-16 Dec 2016, Singapore, Singapore
4-5 April 2017, Singapore, Singapore
13-14 July 2017, Kuala Lumpur, Malaysia
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
Day 1 - Morning session
- 1. Recognise difference between Tenancy, Lease and Licence
- Which one to use?
- 2. 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
Day 1 – Afternoon Session
- 3. Types of Leases / Tenancies
- lease for a fixed term
- yearly tenancies and other periodic tenancies
- tenancy at will
- tenancy at sufferance
- 4. Rent Payable under Tenancy Lease
-recovery of rent
- forfeiture for non-payment of rent
- 5. 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
- 6. Creation of Leases and Tenancies
- 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
- 7. Termination of Leases / Tenancies
-by express power
-by surrender under LTA
-by effluxion of time
- by forfeiture
- forfetiure for breach of conditions
- forfeiture clause
- section 18 of CLPA Act
- by notice to quit
Day 2 – Morning session
- 8. Contents of a Tenancy Agreement
- the premises
- the habendum
- the reddendem
- the covenants
-exceptions and reservations
- 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)
10. 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
Day 2 – Afternoon Session
- 10. Is your Tenancy Contract Valid and Enforceable?
- Making a tenancy agreement
- Offer and acceptance
- Letter of offer
- Acceptance of letter of offer
- Subject to contract
- Factors vitiating a tenancy contract
- 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
- 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
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. Her other law books include:
Company Formation Practice Manual (1983, Malayan Law Journal)
Bankruptcy - The Law & Practice (1984, Butterworths)
Judicial Management (1987, Malayan Law Journal)
A Law Handbook for Businessmen (1990, Print & Publish)
Directors’ Duties & Liabilities including Insider Trading (1985, Times Books International) ;
Your Rights as a Consumer - A Guide to Sale of Goods, Hire-Purchase and Small Claims Tribunal (1986, Times Books International)
Contract Law including E-Commerce Law (1987, Times Books International)
Hotel and Catering Law (1992, SNP Publishers Pte Ltd)
Investing in Stocks and Shares (1993, Specialist Press)
How to Write a Will? (2003, Big Publications Pte Ltd)
How to Collect Your Debts? - A Guide to Bankruptcy Law (1994, SNP Publishers Pte Ltd)
Buying and Selling Your Property - An Essential Guide to the Singapore Property Market (1994, Times Books International)
Investing in HDB Property (1995, Times Books International)
Investing in Real Estate (1996, Longman Singapore Publishers Pte Ltd)
Copyright and The Protection of Designs (1997, SNP Publishers Pte Ltd)
A Guide to Protecting Your Ideas, Inventions, Trade Marks & Products (1997, Times Books International)
Resolving Disputes by Arbitration (1998, Singapore University Press)
E-Commerce Law (2000, Times Books International)
Medical Negligence (2001, Times Books International)
Know Your Rights – Employment Law (2002, Times Books International)
Infectious Diseases Law & SARS (2003, Times Books International)
Slim Chance Fat Hope (2004, World Scientific Publishing)
Medico-Legal Issues in Emergency Medicine & Family Practice: Case Scenarios (McGraw-hill)
Medico-Legal and Ethical Issues in Eye Care: Case Scenarios for Optometrists, Opticians, Ophthalmologists (McGraw-hill)
Medico-Legal and Ethical Issues in Cardiology and General Medicine : Case Scenarios (McGraw-hill)
Biomedical Ethics and Medical Law in Blood Transfusion Practice: Case Scenarios (Armour Publishing)
On or Before 14 Nov 2016: The ‘Early Bird’ Rate is S$2895 – Save S$400!
Special Offer! – 3 Delegates For The Price of 2 in This Category! Save S$2895!
• From 15 Nov 2016: The Regular Rate is S$3295
Special Offer! – 3 Delegates For The Price of 2 in This Category! Save S$3295!
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List of Upcoming GPF executive workshops/forums include:
1. 2nd Executive Workshop on Strategic Planning for Ports & Terminals, 26-27 Sep 2016, Singapore
2. 1st Global Ports Forum in Singapore, 28-29 Sep 2016, Singapore
3. Executive Workshop on Bulk Liquid Terminals, Commercial Considerations for Investment & Financing, 29 - 30 Sept 2016, Singapore
4. Executive Workshop on Excellence in Port Operations, 3-4 Oct 2016, Singapore
5. 2nd Executive Workshop on Investment Strategies for Green / Brown Field Port Projects, 6-7 Oct 2016, Singapore
6. Executive Workshop on Multi Modal Logistics – Value Creation, USP identification & Market Positioning for Ports & Terminals, 10-11 Oct 2016, Singapore
7. 2nd Executive Workshop on Multi-Purpose Terminal Business & Operations, 13-14 Oct 2016, Singapore
8. Executive Workshop on Global Trade, Macroeconomic Policy and the Impact on Regional Trade and Shipping, 24-25 Oct 2016, Singapore
9. Executive Workshop on Use of Technology for Ports and Terminals, 27-28 Oct 2016
10. 2nd Executive Workshop on Ports Financing and Investing, 3-4 Nov 2016, Singapore
12. Executive Programme on Achieving Excellence in Winning Deals & Effective Sales Management - Proven Techniques & Insights for Ports & Terminals, 7 Nov to 11 Nov 2016, Singapore
13. Executive Workshop on Excel in Developing, Implementing & Managing Service Level Agreements, 14 & 15 November 2016, Singapore
14. Executive Workshop on Reefer Container Logistics, 21-22 Nov 2016, Singapore
15. 2nd Executive Workshop on Key Fundamentals of Shipping, 24-25 Nov 2016, Singapore
16. Executive Workshop on Excellence in Managing Tenancies / Leases - Landlord and Tenant Obligations in Business Tenancies, 15-16 Dec 2016, Singapore
17. 3rd Executive Workshop on Investment Strategies for Green / Brown Field Port Projects, 28-29 Jan 2017, Dubai, United Arab Emirates
18. 3rd Executive Workshop on Multi-Purpose Terminal Business & Operations, 30-31 Jan 2017, Dubai, United Arab Emirates
19. 3rd Executive Workshop on Ports Financing and Investing, 28-29 Jan 2017, Dubai, United Arab Emirates
20. Executive Workshop on Multi Modal Logistics – Value Creation, USP identification & Market Positioning for Ports & Terminals, 30-31 Jan 2017, Dubai, United Arab Emirates
21. Global Ports Forum Conference, 1-2 February 2017, Dubai, United Arab Emirates
Look forward to welcoming you at the executive workshops/forums!
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This programme is subject to change without notice, E&O.E.