LEASES & TENANCIES 2021

26 Jan, 2021, Webinar Classroom Training

IPA Training is Registered with

Learn from the Best

Venue Details

Webinar Classroom Training

Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Michelle,
M - 019 363 7822
michelle@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
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

FOCUSING ON
  • Screening Tenants – Best Practice
  • Certificate Of Occupancy – Is It Necessary?
  • Security Deposit Law – Should We Follow US? Concept Of Trust Money
  • Covenant Of Quite Enjoyment – Constructive Eviction
  • Security Of Tenure – Tenant’s Right To Renew Tenancy
  • Evicting Defaulting Tenants – Is Eviction Order Really Necessary?
  • Airbnb Short Rentals Of Strata Properties – A License Or Lease? Legal Or Illegal?
  • Development Of Wakaf Land – What Does A “Purchaser” Get? A Syariah-Compliant Agreement?
  • Lease And Tenancy Of Malay Reserve Land – A Case Study From Kedah
  • RTO And Lease-Purchase Contracts – Latest Proposals
  • New Housing Policy / A New Tenancy Act?
  • A Certificate of Completion with 7 hours CPD points will be awarded upon completion
COURSE OBJECTIVE

This is IPA’s newly-designed online course on Leases and Tenancies for 2021.

 

Session One begins with a quick refresher on the Malaysian Torrens system, the concept of security of tenure, the different categories of land titles, the four recognized “dealings” under the National Land Code 1965, the tenancy or leasing of Malay reserve land and the drafting of a sound lease agreement that protects both the lessor and lessee.

 

In Session Two, the focus will be on dealing with a prospective lessee or tenant (including tenant screening and showing the rental property), the security of deposit, the rights and obligations of the lessor and lessee, followed by a detailed explanation of several critical issues such as quiet enjoyment, duty to pay rent, effect of default in rental payment, distress actions by the lessor or landlord, eviction proceedings and finally the drafting and vetting of specific agreements.

 

In Session Three, the discussion will be on the rent-to-own (RTO) schemes introduced by PR1MA and private developers and financial institutions, the lease purchase contracts (including the practice in UK and Australia), the development and lease of wakaf land and finally the development and lease of Malay reserve land.

Finally, Session Four will conclude with a discussion on the rights of parcel owners in strata developments to rent out their parcels in conventional long term tenancy as well as the Airbnb short term rentals, the obligations of parcel owners to pay their quit rent directly to the relevant authorities, the effect of their default, the rights of co-tenants in cases of shared accommodation, the prospects of a new Residential Tenancy Act, and finally a quick look at the tenancy legislation in Ontario (Canada) and Victoria (Australia).

WHO SHOULD ATTEND
Property Owners & Developers, Property Consultants, Property Managers, Bankers, Insurance Companies, Financiers, Valuers, Land Administration Managers, Investment Advisers, Development & Planning Managers, Town Planners, Project Co-ordinators, Contractors, Contract Managers & Executives, Contract Administrators, Architects, Engineers, Quantity Surveyors, Construction Managers, Legal Advisors, Lawyers, Project Managers, Government Ministries & Departments, Local Authorities
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
COURSE CONTENT
9:00

SESSION ONE

  • The Torrens System – forms and registration, indefeasibility, security of tenure, effect of fraud etc., assurance fund
  • Land titles – restrictions in interest, express conditions, Land Office & Registry titles, qualified & final titles; position of TOL holders and squatters; lessons from Kg Buah Pala, Penang
  • Land dealings under NLC – effect of common law and equity; Parts 14 to 17 NLC
  • Dealings under Malay customary law – jual janji, jual putus
  • Dealings under Islamic law - hibah
  • Leases and tenancies – principal elements, duration, forms, registration; equitable leases; tenancies coupled with equity, case study
  • TOL – can it be leased or rented out?
  • Lease and tenancy of Malay reserve land
  • Drawing up the Lease Agreement – Landlord’s standard terms? Negotiated? Collateral contracts?
  • Hong Kong case – can a tenant obtain adverse possession from an absent landlord?


11.00

SESSION TWO

  • Handling a prospective lessee / tenant – tenant screening (physical / online); obtaining consent for credit check, etc.; showing a rental property
  • Certificate of occupancy – is it necessary?
  • Security deposit – check what has been agreed / requested by tenant; security deposit law (US); what is trust money?
  • Landlord’s rights and obligations – right to receive agreed rent on time; right to inspect property; right of entry vs tenant’s right of privacy; obligation to give tenant quiet enjoyment; obligation to repair; what is “constructive eviction” of tenants; landlord’s right to double rental or damages if tenancy has been properly terminated
  • Tenant’s rights and obligations – right to exclusive possession and quiet enjoyment; security tenure (option to renew tenancy / lease); tenant’s obligation to pay rent and keep in repair; effect of tenant’s default; distress actions and eviction procedures by landlord; is our law pro-tenant or pro-landlord?
  • Guide to renting out business premises – analysis of specimen agreements
  • Suing landlord in negligence; criminal liability for not carrying out repairs
1:00 Lunch
2:00

SESSION THREE

  • Continuation of discussion / Question and Answer of Session Two (if necessary)
  • RTO (Rent to Own schemes) – pros and contra; IOI and PR1MA; other initiatives
  • Lease-purchase contracts – main elements (content, structure, benefits, difficulties); practice in UK and Australia, latest development.
  • Development of wakaf land – what does a “purchaser” get from the developer? Projects undertaken by Perbadanan Wakaf Selangor, and UDA Holdings Berhad; need for a syariah compliant agreement?
  • Development of MR land (JV between Malay owner and private developer) – is the law in place? Safeguards for the land owner; prospects for an amendment in the law.
3:30

SESSION FOUR

  • Strata properties – ensure your tenant’s compliance of strata by-laws
  • Strata properties – avoiding conflicts with your own tenants / conflict with other parcel owners
  • Short rental of Strata homes under Airbnb – by parcel owners or tenants? Is it permitted by strata by-laws? By local authorities? Check your relationship with Airbnb; latest cases from Australia and US; recent developments.
  • Payment of rent by parcel owners – forfeiture in the event of default; effect of recent amendments
  • Shared accommodation – duties of co-tenants
  • New National Housing Policy / a new Tenancy Act?
  • Tenancy law in foreign jurisdictions – Ontario Residential Tenancy Act / Commercial Tenancy Act; Victoria Retail Lease Act
4:30

Question & Answer Session

5:00 End of Course