TENANCY TERMS

• 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
  
• 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
  

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
  
• Effect of Civil Law Act 1956
•  Clauses that must be drafted into the Tenancy Agreements to
  ensure effective debt collection.

CONTRACTS ACT 1950

• Set-Off under Tenancy Agreement
  
• The law of Contract and validity of clauses in Tenancy Agreement
  
• Understanding Indemnities in Business Tenancies
  - Scope
  - Type of Indemnity
  - Does the indemnity protect the company?
  - Life span of indemnity and what happens when agreement expires?
  

DISCUSSION ON SCOPE OF LIABILITY IN TENANCY AGREEMENTS

• Parties and their liabilities
  
• Jointly and severally explained
  
• Boiler Plates and Tenancy Agreement :
• The significance of boilerplates used in Business Tenancy agreements
  - Interpretation clause and its role in agreements
  - Severability clause
  - Entire Agreement Clause and when it cannot be used
  - Force Majeure and its consequences
  - Contra Proferentem Rule and writing out of it
  - Waiver clause
  - Notice and its importance
  - Survival and Merger Clause
  

ANALYSING YOURSELF – RESHAPING PERSONALITIES

• The importance of making the right ‘first impression’
  
• Assessing your own personal communication style and how this affects your results
  
• How do you (or might you) look in the debtor’s eyes? What would you like to change?
  
• Collectors to understand their own potential for greater results

ANALYSING YOUR DEBTORS

• Types of debtor
  
• The delaying debtor
  
• The genuine debtor
  
• The cashflow or hardship problem debtor
  
• The ones who never intended to pay
  
• The collectors are ready to identify the type of debtor they are talking to on the phone and react accordingly.

REVIEW OF DOCUMENTATION HELD

• Legal Rights of Creditors
  
• Stamping and Registration of Documents
  - What Happens When Documents Are Not Stamped or Understamped

PRE-CONSIDERATIONS 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 Considerations
  # Company, Partnership or Sole-Proprietorship
  # Individuals, Estate of Deceased Persons, Bankrupts etc.

KNOWLEDGE OF BASIC ACCOUNTING

• Knowing how to issue cheques and receipts
  
• Differentiating debit and credit in accounts
  
• Seeking reimbursements for bills of bosses and executives

LEGAL PROCEDURES INVOLVED IN DEBT RECOVERY

• Territorial Jurisdiction
  
• Originating Processes Used to Recover Debts
  
• Service of Documents
  
• Court Procedures

COURT ORDERS AND EXECUTION PROCEEDINGS

• Summary Judgments
  
• Attachment Proceedings
  
• Charging Orders
  
• Garnishee Proceedings
  
• Bankruptcy / Winding-Up