Managing & Preparing Tenancy Agreements & Effective Debt Recovery

13-14 Nov, 2018, Kuala Lumpur

FOCUSING ON
  • Tenancy Defined
  • Legal Effect Of The Standard Tenancy Agreement
  • Tenancy Terms
  • Rights & Liabilities Of Landlord And Tenant
  • Landlord And Tenant Disputes & Remedies In Malaysia
  • Understanding Contracts In Debt Recovery
  • Legal Proceedings To Recover Debts
  • Review Of Documentation Held
  • Legal Procedures Involved In Debt Recovery
WHO SHOULD ATTEND
  • All Managers
  • Credit Control Managers & Executives
  • Financial Controllers
  • Accounts & Finance Managers & Executives
  • Landlords
METHODOLOGY
  • Interactive Lectures
  • Practical Work
  • Group Presentations
  • Workshops Sessions
  • Post-Course Assessment
AFTER ATTENDING THIS COURSE,
YOU WILL RETURN TO YOUR JOBS...
  1. Being better able to implement effective credit policies
  2. Understanding proven techniques in credit evaluation and risk assessment before renting out your premises
  3. Being able to investigate the credit worthiness of your clients
  4. Understanding fundamental Tenancy laws and the law of contract principles pertaining to debt recovery and credit extension
  5. Learning workable collection techniques, both general and for tenancies, to maximize your debt recovery
  6. Understanding the legal procedures involved in debt recovery, especially in tenancy matters
  7. Learning methods of obtaining and enforcing judgment, general and against tenants
 
DAY 1
9:00 TENANCY DEFINED
  • Landlord Defined
  • Tenant Defined
  • Tenancy Agreement Defined
  LEGAL EFFECT OF THE STANDARD TENANCY AGREEMENT
  • National Land Code 1965 – Who can grant tenancies?
    - Dealings not capable of being registered S.206 NLC
    - Transfers where tenancies are involved
    - Understanding TOLs
    - Section 213 NLC
  • Contracts Act 1950 – S.75 as contractual remedy for Landlord seeking damages
    - Set-Off under Tenancy Agreement
    - The law of Contract and validity of clauses in Tenancy Agreement
10:45 TENANCY TERMS
  • Classification of Tenancies and Duration of Tenancies
  • Term tenancy and otherwise –Rights of both parties
  • Rental Amount and Rent Acceleration Clauses
  • Control of Rent (Repeal) Act of 1997
  • Deposits
  • Stamp duty and Calculation under the Stamp Act 1949
  • Penalty for late payment and Calculation
  RIGHTS & LIABILITIES OF LANDLORD AND TENANT
  • Business environment and Tenancy Contract
  • Termination of Tenancy
  • The Malaysian Legal System
  • Landlord’s Remedies
  • Eviction
  • Compensation
1:00 Lunch

2:00 LANDLORD AND TENANT DISPUTES & REMEDIES IN MALAYSIA

Termination of Tenancy and Eviction of Tenant

To decide if Landlord wants to continue with Tenancy or take back the Property.

a) Where the landlord wishes to continue with the tenancy he may apply for a writ of distress under the Distress Act 1951 (Act 255).

  • What is an Action for Distress and the effect of the Specific Relief Act 1950
  • Procedural Steps for an application of a Writ of Distress.
  • Advantages and Disadvantages of a Writ of Distress

b) Where the Landlord wants to Terminate the Tenancy and take back the Property

  • Issuance of Notice to Quit
  • The effect of Issuance of Notice to Quit on Written and Unwritten Tenancies
  • Procedural Steps to take back Property once Notice to Quit is served
  • Situations where Tenant refuses to leave and Landlord’s Rights in terms of Rental accrual Calculation and the Writ of Possession

c) Effect of Civil Law Act 1956

  • Clauses that must be drafted into the Tenancy Agreements to ensure effective debt collection.
5:00 End of Day One
DAY 2
9:00 UNDERSTANDING CONTRACTS IN DEBT RECOVERY
  • Contractual Principles – Landlords to Check
    - Formation of Contract
    - Capacity to Contract
    - Intention to Create Legal Relations
    - Terms of the Contract
    - Consent and Its Vitiating Factors
10:45 LEGAL PROCEEDINGS TO RECOVER DEBTS
  • Pre-considerations
    - Statute of Limitations and Debts Becoming Statute- Barred
    - Capacity of Company to Sue Cause OF Action When Did It Arise
    - Status of Client and Its Legal Consideration Company, Partnership or Sole- Proprietorship Individuals, Estate of Deceased Persons, Bankrupts etc
1:00 Lunch

2:00 REVIEW OF DOCUMENTATION HELD
  • Legal Rights of Priority Creditors, Secured Creditors and General Creditors
  • Stamping and Registration of Documents
    - What Happens When Documents Are Not Stamped or Under stamped
3:45 LEGAL PROCEDURES INVOLVED IN DEBT RECOVERY
  • Territorial Jurisdiction
  • Originating Processes Used to Recover Debts
  • Service of Documents
  • Court Procedures
5:00 End of Course


 

LEARN FROM THE BEST

Course Leader 1

MR. K. Pathmanathan, has 25 years of experience in the field of training and education. He is a hands-on, bilingual trainer who graduated with LL.B (Hons) from the University of London and the CLP (Mal.) In his 22 years, he has trained personnel from various companies and levels, especially top level management in various areas of law including contract management, credit control and debt recovery.

 

After attending his Debt Recovery programs, many companies have acknowledged the fact that their debt collection has actually improved. They have supported his training programs by sending more and new personnel to gain more knowledge about these techniques.

 

His goal in conducting this program is to ensure that your company has a more effective and rewarding system in debt collection, to minimize outstanding debts and to ensure that the participants are able to manage debt recovery even to the legal stage, especially landlords.

 

Participants have found his training programs to be interesting, highly effective and practical for their daily duties. These have been manifested in the post-training evaluation reports and the strong recommendation by participants for others to attend Mr. Pathma’s programs. He has a personal commitment to help individuals and organizations to achieve their highest potential and vision.

 

His clients are mostly from the petrochemical industries, manufacturing sectors, banking, telecommunications, consumer products and services industries namely big corporate companies such as Petronas, PSMB, Tenaga Nasional, Jabatan Air, Telekom, TM Touch, Hitachi, Tioxide (M) Sdn. Bhd., Nippon Oil Exploration, Hewlett Packard, Penang Port, Penang Bridge Sdn Bhd, Measat Broadcasting Network Systems, Sony, Infineon Technologies, STEC, Wong Engineering, Silterra, Teknik Janakuasa, B Braun, Bax Global, Transocean Malaysia, Harbour Board – Sarawak, Silitek Corporation, Mattel (M), United Sweethearts Garment, Yan Jin (M), BAX Global, Circle Freight, Kintetsu Air Services, Bayview Beach Resort, Cititel Penang, Evergreen Laurel Hotel, DIC Compounds, Sitt Tatt Co, Tim Electronics, Petronas Fertilizer (Kedah) and its subsidiaries, Fed Ex, GD Express, H. K. Lamtech, Advance Sound Products, Paramount Engineering, Motosikal & Enjin Nasional Berhad (Modenas), Yamaha and Sime Tyres International to name a few. Participation from the Government sectors include those from the Land Department, Risda, Felda, Lembaga Hasil Dalam Negeri, Tentera Laut Diraja Malaysia, Jabatan Kesihatan PP, Customs Department, Local Councils and other government agencies.

 

Mr. Pathmanathan is a hands-on, bilingual trainer who graduated with LL.B (Hons) from the University of London in 1986 and the CLP (Mal) in 1987.

 

 

Course Leader 2
AMBIGAH KRISHNAN
LL.B (Hons) London, Certificate In Legal Practice (Malaysia), TESOL (Canada).

 

Ambigah Krishnan has more than 15 years of training and corporate experience on Law topics. She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Corporate Legal Adviser who has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

 

Work Experience
Ambigah Krishnan is an experienced lawyer and trainer and has been involved in civil litigation, Tenancy law, Employment matters, Employment Law and IR, Contract management, Contract Drafting, Company matters, Corporate, Banking issues and Testamentary issues including the writing of Wills.

 

Areas Trained
She has conducted various training programs on Tenancy laws and Procedure, Drafting Commercial Contracts and Terms [Advance Level], Personal Data Protection Act 2010 & Standards 2015 and is experienced in project management on Personal Data Protection Compliance implementation, Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Employment Law for HR and Non HR Managers, Seminar on Prevention of Staff Fraud in association with PDRM, Entrepreneur seminars for fresh graduates and business community.

 

She has trained for the Federation of Manufacturers of Malaysia (FMM) in areas of Contract law.

 

Ambigah is also actively involved with her legal consultation especially in the corporate field.

 

Industry Experience
Trained for Telecommunication sector, Health sector, Finance sector, Government of Malaysia, Insurance sector, Education sector [Universities and colleges], Government Linked Companies, Auto Industry sector and Manufacturing sector.

 

VENUE DETAILS

Hotel Istana
73 Jalan Raja Chulan
50200 Kuala Lumpur

Phone :03 2141 9988

 

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