Leases & Tenancies 2019 : Impact of Recent Developments

25 Feb, 2019, Seri Pacific Hotel

Register Now
PDF Brochure

IPA Training is Registered with

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, and International Islamic University until 1990, when he went into full-time consulting.

 

Over the last 3 decades, he had conducted numerous workshops, seminars, corporate briefings and courses covering land 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 Utusan Malaysia and New Straits Times.

 

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

Click For Hotel Location

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@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 NEW ISSUES :
  • Screening tenants – best practice
  • Certificate of occupancy – is it necessary?
  • Security deposit law (should we follow US?)
  • Covenant of quite enjoyment – constructive eviction
  • Security of tenure – tenant’s right to renew tenancy
  • Evicting defaulting tenants – eviction order really necessary?
  • Airbnb short rentals of strata properties – Licence or lease? Legal or illegal?
  • Private lease schemes (PLS) – illegal or lacuna in the law?
  • Development of wakaf land / MR land – what does a “purchaser” get?
  • RTO and lease-purchase contracts
  • New Housing Policy / a new Tenancy Act?

    Course Conducted in English & Bahasa Melayu
OBJECTIVES

This is IPA’s newly-designed program on Leases and Tenancies for 2019.


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 recently introduced by PR1MA and private developers and financial institutions, the lease purchase contracts (including the practice in UK and Australia), the private lease schemes (PLS) introduced in the Medini area in Johore, reservations on the scheme as expressed by the HBA, the expectation of a new law on PLS, 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 OUTLINE
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
  • Land dealings under NLC – effect of common law and equity; Parts 14 to 17 NLC
  • Leases and tenancies – principal elements, duration, forms, registration; equitable leases; tenancies coupled with equity
  • Lease and tenancy of Malay reserve land – TOL
  • Drawing up the Lease Agreement – Landlord’s standard terms? Negotiated? Collateral contracts?
  • Hong Kong case – tenant obtains adverse possession from landlord
11.00 SESSION TWO
  • Dealing with a prospective lessee / tenant – tenant screening (physical / online); 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)
  • 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 (right 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

  • RTO (Rent to Own schemes) – IOI and PR1MA
  • Lease-purchase contracts – main elements (content, structure, benefits, difficulties); practice in UK and Australia.
  • Private lease schemes (PLS) – the Medini model (JB); recent developments affecting the project; expectations of a new law.
  • Development of wakaf land – what does a “purchaser” get from the developer? Projects undertaken by Perbadanan Wakaf Selangor, and UDA Holdings Berhad.
  • Development of MR land (JV between Malay owner and private developer) – what does a “purchaser” get from the developer? Must the law be amended?
3:45 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? permitted by strata by- laws? permitted by local authorities? check your relationship with Airbnb; latest cases from Australia and US.
  • 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?
  • Ontario Residential Tenancy Act / Commercial Tenancy Act
  • Victoria Retail Lease Act
5:00 End of course