THE APPLICABLE LAWS:

• The National Land Code 1965
  
• The Specific Relief Act 1950
  
• The Civil Law Act 1956
  
• The Contracts Act 1950

LEASE AND TENANCY  

• Legal and practical differences between tenancies and leases on land and properties: Land lord and tenant; Lessor and Lessee
  
• What is a tenancy exempt from registration under the National Land Code 1965
  
• The Tenancy and Lease Agreements

CAPACITY OF LANDLORD AND TENANT

• Effect of bankrupt tenant and landlord
  
• Effect of winding-up – forfeiture under section 234
  
• Dealing with the Insolvency Department and Liquidators
  
• Recovery of arrears of rentals
  
• Refund of deposit
  
• Effect of Receiverships

DEATH OF LANDLORD AND TENANT

• Effect on the lease or tenancy agreement
  
• Who to deal with?
  
• Who represents the Estate
  
• Meaning of the testacy and intestacy
  
• Appointment of the Executor / Administrator
  
• The Grant of Probate
  
• The Letters of Administration

THE TENANCY AND LEASE AGREEMENT

• Important terms and conditions
  
• Duration of the lease and tenancy
  
• Meaning of “fixed tenancy”
  - Fixed Tenancies (except under expatriate clause)
  - Option to renew – notice
  - Whether can utilize security deposit to set-off arrears of rentals
  
• Payment of security deposit & Utilities Deposits
  
• Payment of rentals: Meaning of “rental payable in advance”
  
• Respective covenants of landlord and tenants; lessor and lessee
  
• Meaning of “peaceful enjoyment” of premises
  
• Payment of Quit Rent and Assessments
  
• Rights to sub-let by tenant
  
• Effect of unlawful renovations and modifications
  
• Effect of unlawful use of the premises
  
• Damage done to the premises by tenants
  
• What would amount to “immoral purposes” in respect to the use of the premises
  
• What would amount to a breach of the agreement
  
• What is unilateral termination of the agreement
  
• Forfeiture of security deposits by landlord
  
• Important of notices
  
• Stamping of the tenancy and Lease Agreements
  
• Effect of non-stamping and under- stamping
  
• Penalties and consequences

REGISTRATION OF LEASE UNDER SECTION 221 [FORM 15A]

• Importance of registration under the National Land Code
  
• Understanding indefeasibility of title and interests under the lease
  
• Effect of encumbrances on land on the registration of the lease
  
• Importance of land searches
  
• Types of encumbrances
  
• Effect of fraud, forgery or a void instrument

ENDORSEMENT OF LEASE AND TENANCY: SECTION 316

• Effect of endorsement on the sale of the premises by landlord
  
• Protection, Rights and duties of tenants upon endorsements

DEFAULT BY TENANTS AND THE RECOVERY OF RENTALS

• Events of default under the Tenancy and Lease Agreement
  
• Claim for double rentals under section 28(4) (a) of the Civil Law Act 1956
  
• Proceedings under the Distress Act 1951 (only for arrears not exceeding 12 months)
  
• What is an “Ex-Parte” application
  
• Auction of assets
  
• Eviction proceedings and recovery of possession
  
• Remedies of self-help by landlords – it is lawful?
  - Disconnection water and electricity to the premises
  - Changing the locks
  - Cancellation of the access cards to premises
  - Whether publication of list of defaulters in notice boards lawful or defamatory
  
• Inherent problems in litigation
  - Legal costs
  - Delays
  - To sue or not sue
  
• Recovery of rentals cum arrears of service charges of shop lots in shopping complexes
  - Indirect way of getting vacant possession
  - Important provisions under the Deed of Mutual Covenant

REMEDIES OF TENANT AGAINST LANDLORD

• Breach of the agreement by landlord
  
• Unlawful termination of the tenancy agreement or Lease Agreement by Landlord
  
• Failure by landlord to carry out promotional activities – when does it amount to a breach
  
• Legal and Equitable remedies of Tenants
  
• What is a “mandatory injunction”
  
• Claim of damages