Landlord & Tenant Law For Property Owners And Managers

18 Dec, 2017, Kuala Lumpur

FOCUSING ON

1. INTRODUCTION

  • Overview of land law in Peninsular Malaysia
  • Land titles (under NLC)

2. LEASES AND TENANCIES: GENERAL PRINCIPLES

  • Dealings recognized by NLC
  • Duration and form Of Leases And Tenancies
  • Terms And Conditions
  • Tenant’s Breach and Landlord’s Remedies
  • Tenancy Coupled With Equity


3. LEASES AND TENANCIES: ANALYSIS OF SPECIFIC CONDITIONS & COVENANTS

  • Parties’ Fundamental Obligations
  • Tenant’s Duty To Pay Rent
  • Landlord’s Duty To Repair
  • Tenant’s Duty To Keep “In Repair”
  • Quiet Enjoyment
  • Covenant To Insure
  • Covenant As To User
  • Security Deposit
  • Option To Renew
  • Assignment & Subletting
  • Rights Upon Termination
OBJECTIVES

This is the latest updated course on Landlord & Tenant Law, focusing on the current law as well as reviewing the latest trends and developments in Malaysia and other jurisdictions. The National Land Code 1965 contains only certain basic elements of the law, and much of the law on this complex subject is based on current conveyancing practice. To date, Parliament has not enacted a specific Landlord and Tenant Act. The law in Malaysia is generally regarded as pro-tenant. 

The high point in this course is the discussion on the rights of self-help for landlords in the event of default by tenants to pay their rent and a comparative study of the landlord and tenant law in various overseas jurisdictions. In the final session, participants will be advised how to evaluate and draft a Landlord and Tenant Agreement.

WHO SHOULD ATTEND?
Property Developers, Property Consultants, Contractors, Contract Managers & Executives, Contract Administrators, Architects, Engineers, Valuers, Quantity Surveyors, Construction Managers, Town Planners, Legal Advisors, Lawyers, Project Managers, Property Managers, Marketing Managers, Estate Agents, Owners, Bankers, Financiers, Land Administration Managers, Investment Advisers, Development & Planning Managers, Project Co-ordinators
WHO SHOULD ATTEND?
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
 
SESSION ONE
9:00 1. INTRODUCTION / REFRESHER
 
  1.1 OVERVIEW OF THE LAW IN PENINSULAR MALAYSIA
  • An Appreciation of the Torrens system – latest amendments in 2016
  • The need for prescribed forms and registration
  • Indefeasibility under s. 340 – latest development
  • Role of the High Court and the Land Administrator
  1.2 LAND TITLES IN PENINSULAR MALAYSIA
(UNDER NLC)
  • Registry titles / Land Office titles
  • Qualified titles / final titles
  • Categories of land use
  • Express / Implied conditions
  • Restrictions in interest
SESSION ONE
  2. LEASES AND TENANCIES: GENERAL PRINCIPLES
 
  2.1 RECOGNISED DEALINGS UNDER NLC
  • Transfers
  • Leases and tenancies (form / registration / equity)
  • Charges and liens (security documentation)
  • Easements (important in land development)
  2.2 DURATION AND FORM OF LEASES AND TENANCIES
  • Lease – minimum & maximum period / form / registration
  • Exempt tenancy – maximum period / no formality
  • Leading cases – latest development
  2.3 TERMS AND CONDITIONS
  • NLC – s. 230, 231 and 232
  2.4 TENANT’S BREACH
  • Distress
  • Forfeiture – by re-entry / by action in court
  • Self-help remedy for landlords – latest development
  2.5 TENANCY COUPLED WITH EQUITY
  • The 3 E’s.
1:00 Lunch
SESSION THREE
2:00 3. CONDITIONS & COVENANTS
 
  3.1 SETTING OUT PARTIES’ INTENTIONS
  • Check out the agreement
  • Express or implied? Absolute or qualified?
  3.2 LANDLORD’S & TENANT’S FUNDAMENTAL
OBLIGATIONS
  • Landlord – to provide quiet enjoyment
  • Tenant – to pay rates, keep in repair, allow re-entry
  • Other “standard express covenants”
  3.3 TENANT’S DUTY TO PAY RENT
  • Check when payable – in advance or in arrears?
  • Check how payable – cash or otherwise? To whom?
  • Check where payable?
  • Tea money / premium – is rend in advance a premium?
  • Tenant’s default – Landlord’s remedies, tenant’s defence
  3.4 LANDLORD’S DUTY TO REPAIR
  • Check if there is such a duty
  • Tenant’s duty to give reasonable notice / give access
  • Landlord’s default – Tenant’s remedies
  3.5 TENANT’S DUTY TO KEEP “IN REPAIR”
  • Check if there is such a duty
  • Meaning of “fair wear and tear”
SESSION FOUR
3:45 3.6 QUIET ENJOYMENT
  • Right to use without interruption / disturbance
  • Right not to be unlawfully evicted – remedies
  • Leading cases – latest development
  • Development in Hong Kong
  3.7 COVENANT AS TO USER
  • Check if there is such a duty
  • Landlord need not show actual damage / loss
  3.8 SECURITY DEPOSIT
  • Check actual terms of the covenant
  3.9 OPTION TO RENEW
  • Pre-conditions
  • Must be exercised correctly
  3.10 ASSIGNMENT & SUBLETTING
  • Check the actual terms
  • Permitted or prohibited? Absolute or qualified?
  • Is refusal reasonable? Onus of proof on whom?
  3.11 RIGHTS UPON TERMINATION
  • Landlord’s rights – possession / damages for breach of covenants / action for mesne profits / action for double rental
  • Tenant’s rights – to remove fixtures, subject to making good any damage / exercise option to renew, if available / option to purchase reversion, if any.
  • Landlord’s remedy if tenant refuses to leave
SESSION FIVE
4:30 SUMMING UP
  • Prospects for a Malaysian Landlord and Tenant Act?
  • Comparative Study of Landlord Tenant statutes in other jurisdictions
5:00 End of Course


 

 

 

 

LEARN FROM THE BEST

PROF DATO’ SALLEH BUANG formerly served as a Federal Counsel in the Attorney-General’s Chambers, Kuala Lumpur, before he left for private practice, then the corporate sector and finally the academia. He was the Deputy-Dean, Kulliyyah of Laws, International Islamic University until 1990, when he went into full-time consulting.

Over the last 3 decades, he had conducted numerous courses, conferences and corporate briefings  covering land law, landlord & tenant law, housing development, construction law, joint ventures and planning law. Author of more than 25 books and monographs on a wide range of legal topics, he now writes for his weekly column in New Straits Times, Utusan Malaysia and Berita Harian.

Until 2013, he was a Visiting Professor at the Faculty of Geoinformation and Real Estate, UTM, Johor. He is currently a Member of the Board of Trustees of the Kuala Lumpur Foundation to Criminalise War (KLFCW). 

 

 

VENUE DETAILS

Seri Pacific Hotel
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50350 Kuala Lumpur

Phone :03 4042 5555

 

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