Landlord & Tenant Law For Property Owners And Managers

18 Dec, 2017, Kuala Lumpur

FOCUSING ON
  • Basic elements of Malaysian land law
  • Landlord’s & Tenant’s Covenants
  • Tenant’s defaults & Landlord’s remedies
  • Rights of self-help for landlords?
  • Is our law pro tenant?
  • Do we need a Landlord & Tenant Act?
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, although there was speculation recently that a new Residential Tenancy Act is being drafted. The law in Malaysia is generally regarded as pro-tenant. There is also no Land Tribunal in Malaysia to deal with landlord-tenant disputes.

 

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. 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

METHODOLOGY

Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Increasing your understanding of the key concepts and importance of the day to day Accounting activities requirements in your work.
  2. Learning and knowing your accounting classifications according chart of accounts requirements.
  3. GST Code mapping for period from 1/6/18 till further notice from RMCD.
WHAT YOU WILL LEARN
Session 1
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)
Session 2
11.00 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 3
2:00

3. CONDITIONS & COVENANTS

  • Check out the agreement
  • Express or implied? Absolute or qualified?
 

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 4
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 5
4.30

SUMMING UP

  • How to vet a Landlord & Tenant Agreement
  • Final Q & A
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
Jalan Putra
50350 Kuala Lumpur

Phone :03 4042 5555

 

IPA TRAINING IS REGISTERED WITH

 

CONTACT US

Juliany, 
O - 03 2283 6109,
M - 019 3134436
juliany@ipa.com.my 

Michelle, 
O - 03 2283 6100, 
M - 019 363 7822
michelle@ipa.com.my 

For Customised In-House Training
Yvonne,
O - 03 2283 6101, 
M - 012 2011247,

F - 03 2283 6108
 
yvonne@ipa.com.my
 

ADDRESS 

A-28-5, 28th Floor, 
Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my