Tenancy Agreements - Landlord & Tenant Law

Marketing Institute of Singapore - Executive Development


Course introduction

This 2-day course deals with landlord and tenant obligations under the law. A sound understanding of tenancy agreements can help prevent disputes and will contain terms to help protect both the landlord's and tenant's positions. You need not have prior legal knowledge to attend this course.



Course Outline


Difference between Tenancy, Lease and License

Drafting Tenancy / Lease Agreements

  • understanding key terms in tenancy contracts
  • avoiding common pitfalls in tenancy contracts
  • misrepresentation and inducement into signing tenancies
  • minor repair clauses
  • renewal of tenancy contracts
  • terminating tenancy contracts
  • the stamp fee
  • what the 'security deposit' mean
  • 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 (residential and commercial)

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
  • 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
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)
Rights and Duties of Tenants and Landlords
  • 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
  • use premises in a tenant-like manner
  • deliver up premises on termination of lease in same state as when let, fair wear tear excepted
  • allow landlord to inspect premises etc.
    - leases under Land Titles Act
    - implied powers under section 82
  • 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
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
  • part performance
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
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



Available Course Sessions


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Trainer Profile


Prof Catherine Tay Swee Kian

Prof Catherine Tay Swee Kian is an Associate Professorial Fellow lecturing law at the National University of Singapore, Department of Strategy and Policy (NUS Business School). She is also an Advocate and Solicitor of the Supreme Court of Singapore and an author of several law books. She is Associate Director of Bernard & Rada Law Corp.

Prof Tay studied law at Queen Mary College, University of London and graduated with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws. She did her pupillage under the Honourable Lady Mary Hogg in London and returned to Singapore in the law firm of Rodyk & Davidson.

Prof Tay 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 has presented papers at many conferences and seminars on Business Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore. Prof Tay is an examiner on law subjects for a number of professional bodies in Singapore and overseas. She conducts in-house seminars for hospitals, banks, statutory boards, hotels, commercial firms and companies, clubs and associations.



 

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