Introduction
This 2-day course deals with the landlord and tenant obligations under the law including the challenges and impact of Covid-19 new laws on commercial leases. 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.
The course will provide best practices and proven guidelines on how to understand important clauses found in tenancy agreements and effective negotiation methods to achieve high performing contracts with leads to successful conclusions. Learn to address common problems encountered in tenancy leases and how to resolve them and manage termination issues of tenancy agreements
What do you know about “Smart Contracts”? Paperless digital code and stored on a revolutionary blockchain technology in a decentralised network of distributed ledger in the metaverse. The terms & conditions of Smart Contract are written in code & automatically self-executed when predetermined conditions are met in a decentralised space. Does Contract and Property law applies to Smart Tenancy Contract? In a recent case law, the contract law doctrine of mistake applies in cryptocurrency-related contract claim where automated smart contracts are entered through computer programming without human intervention.
You do not need to have prior legal knowledge to attend this course.
Samples of Tenancy Agreements for commercial & residential will be provided with detailed "clause-by-clause" analysis of each tenancy contract terms.
** Prior to attending this course, participants should preferably have completed:
** Upon completion of this course, participants may progress to attend:
Course Outline
Course Outline
1. Difference between Tenancy, Lease and License
2. 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)
3. 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
4. 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)
5. 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
6. 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
7. Smart Tenancy Contracts in the Metaverse
- traditional (paper contract) v smart contract (paperless digital code)
- blockchain “Code in law” = terms & conditions of smart contract
- computer code in block of data on blockchain protocol in decentralized space
- blockchain oracles – real world data
- decentralized autonomous organizations (= DAO) use smart contracts
- “Smart contract” created in Blockchain
- Expressed through computer programming language e.g. Solidity
8. Types of Leases / Tenancies
- lease for a fixed term
- yearly tenancies and other periodic tenancies
- tenancy at will
- tenancy at sufferance
9. Rent Payable under Tenancy Lease
- recovery of rent
- forfeiture for non-payment of rent
10. 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
11. Termination of Leases / Tenancies
- by express power
- by surrender under LTA
- by effluxion of time
- by merger
- by forfeiture
- forfeiture for breach of conditions
- forfeiture clause
- section 18 of CLPA Act - by notice to quit
- by disclaimer
- by frustration
12. Psychologically Impacted Premises
- the American, English and Canadian experiences
Who Should Attend
Who Should Attend
Property Managers, Group Services and Operations Managers, Property Valuator / Surveyor, Leasing Professionals & Executives, Tenancy Contract Managers, Real Estate Professionals, Property Developers, Tenants and Landlords for Commercial, Industrial and Office Buildings, Real Estate Investment and Asset Management and anyone interested in achieving high contract performance
The Trainer
Trainer's Profile
Prof Catherine Tay Swee Kian has more than 38 years of experience lecturing law as Associate professor at the National University of Singapore (NUS) Business School, Department of Strategy & Business Policy. She is a Barrister-at-law from Lincoln’s Inn, United Kingdom. Prof Tay is also an Advocate & Solicitor of the Supreme Court of Singapore and an author of several law books including her best seller books on Contract Law and Director Duties & Corporate Governance.
Prof Tay studied law at Queen Mary College, University of London and graduated with an honours degree in Bachelor of Laws and a degree in Master of Laws, 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.
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 numerous papers at many conferences and seminars on Business Law, Medical Law & Ethics, 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 was the external examiner on medical law ethics at the Hong Kong University, Law Faculty (2007-2008).
Prof Tay conducts in-house customised corporate programmes and seminars / workshops for commercial firms, banks, hotels, hospitals, statutory boards and companies, clubs and associations on topics such as contract management; corporate governance in both public and private sectors including public-private partnership contracts; tender bids bidding in procurement contracts; service level agreements and tenancy agreements. For over 4 years annually, she was the Programme Director, for a Singapore-Commonwealth Third Country Training Programme, Singapore- Commonwealth Advance Seminar for Chief Executives 28 May – 7 June 2008, jointly sponsored by Ministry of Foreign Affairs and the Commonwealth Fund for Technical Co-operation Commonwealth Secretariat London, United Kingdom at Training Institution – National University of Singapore Business School.
Prof Tay received her 38 years Long Service Award from the Marketing Institute of Singapore (MIS) on 2 November 2019. She was awarded the top trainer in MIS.
Prof Tay 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 gave lectures in Industrial Relations and Labour laws at the Ong Teng Cheong Institute of Labour Studies for over 12 years on labour laws in industrial relations. She was the local teaching affiliate lecturing business law for Adelaide University, Australia.
Prof Tay lectures on “The Legislature, Policy Formulation & Implementation for Good Governance” to Ministers from Nigeria, Kaduna State Legislators” on 16-18 April 2018 at Singapore 2018 Capacity Building Retreat at Singapore Institute of Management (SIM) Professional Development. She also lectures on “Leadership & Governance” to Legislators from Kenya, 21-22 May 2018 at SIM Professional Development. She also lectures Public-Private Partnerships (PPP contracts) and joint ventures to global audience. She gave lectures several times on Corporate Governance to bankers from Uzbekistan.
Prof Tay is currently a member of the National Healthcare Group Institutional Review Board (IRB) of Domain Specific Review Board tasked to review the scientific and ethical aspects of research protocols since 2002. She received her 15 Long Service Award from NHG IRB in 2018. She is also currently a member of the Centralised Institutional Review Board (IRB), Singapore Health Services Pte Ltd tasked to review clinical protocols for human subject experimentation. She was a member of the panel for lay persons for the National Transplant Ethics Committee, Ministry of Health in 2009- 2011.
Prof Tay is the Honourable Legal Advisor for Singapore Optometric Association, as well as for the Singapore Institute of Engineering Technologists. She has lectured in executive training courses at the NUS Extension in professional and business management law courses for over 34 years. She has supervised medical students in electives onMedical ethics & law at the NUS Yong Loo Lin School of Medicine, and also for University of Manchester at Singapore Polytechnic. She also lectured nursing students in nursing law and ethics at the NUS Alice School of Nursing as well as in Nanyang Polytechnic. She has lectured medical law and biomedical ethics in the NUS Faculty of Dentistry for more than 15 years.
