Legal & Practical Issues On Tenancy And Leases

26 Jun, 2023, Pullman Kuala Lumpur Bangsar

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Mr. Tang Kean Onn is an advocate and solicitor of the High Court of Malaya and was a senior
member of the Malaysian Bar. He holds a degree in the Bachelor of Laws (LL.B Hons.) and Master of Laws (LL.M) both from the University of Malaya. He has vast experience dealing with legal and
practical issues relating to banking, litigation and recovery over the last 40 years as well as
conveyancing and documentation procedures.

 

In recognition of his contributions to legal education especially in the areas of banking law and
practice, Mr. Tang has been conferred the Associate Fellowship of the Institute of Banks, Malaysia. (FIBM)

 

He was also an Examiner and Part-time Senior Lecturer in Corporate and Commercial Law at the
University of Malaya since 1983. Mr. Tang had lectured part-time at the University of Malaya, both in the Faculty of Law and the Faculty of Business and Accounting.

 

In addition, Mr. Tang had also lectured the following Post-Graduate programmes at the University of Malaya:
i. Master of Laws (LL.M) in “Current Issues in Civil Litigation” at the Faculty of Law’
ii. Master in Business Administration (MBA) in “Corporate Law” at the Faculty of Business &
Accounting.
iii. Master in Business Administration (Accounting) (MBA Acc.) in “Legal Environment in
Accounting” also at the Faculty of Business & Accounting.
iv. The Certificate in Legal Practice (CLP) in “Civil Procedure” at the Faculty of Law.

For more than 40 years Tang Kean Onn has conducted numerous professional courses relating to legal issues for the Institute of Banks, Malaysia (IBBM), and various banks and financial institutions. Such courses include:
1. Land Law and Securities Documentation.
2. Law & Practice on Housing Developers, Strata Titles & Management.
3. Legal & Practical issues on Loan Recovery and litigation.
4. The Law & Practice of Hire-Purchase in Malaysia.
5. The Legal & Regulatory Framework under the Banking & Financial Institutions Act 1989
(BAFIA).
6. The Law & Practice of Guarantees in Malaysia
7. Credit Fraud and The Law: Causes, Effect and Prevention

 

Tang Kean Onn is also the author of the study manual for the CERTIFIED CREDIT PROFESSIONAL (CCP) examination for bankers for the following modules:
1. The Legal and Regulatory Framework in Malaysia; and Securities Documentation

Venue Details

Pullman Kuala Lumpur Bangsar
No 1 Jalan Pantai Jaya, Tower 3, 59200 KUALA LUMPUR,
Phone : 0 3-2298 1888
Fax : 0 3-2298 1999

https://all.accor.com/hotel/ 7962/index.en.shtml

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
  • The Applicable Laws
  • Lease And Tenancy
  • Capacity Of Landlord And Tenant
  • Death Of Landlord And Tenant
  • The Tenancy And Lease Agreement
  • Registration Of Lease Under Section 221
    [Form 15A]
  • Endorsement Of Lease And Tenancy: Section 316
  • Lease And Tenancy In Favour Of Two Or More Persons
    Void Unless As Trustees Or Personal Representatives:
    Section 225(2)
  • Default By Tenants And The Recovery Of Rentals
  • Remedies Of Tenant Against Landlord

Led by Mr. Tang Kean Onn, an Advocate and Solicitor of the High Court of Malaya

COURSE OBJECTIVE
  1. Understanding The Applicable Laws Governing Leases And Tenancies In Malaysia
  2. The Legal Capacity Of The Landlord And Tenant
  3. Understanding The Legal Effect And Consequences When Dealing With Deceased/Bankrupt Landlord And/Or Tenant; And Non-Citizens
  4. Understanding The Importance Of The Tenancy/ Lease Agreement – Important Provisions Protecting The Landlord And Tenant
  5. Understanding The Legal Effect Of An Option To Renew The Tenancy By The Tenant
  6. Understanding The Rights Of The Landlord Upon A Default By The Tenant
  7. Rights And Remedies Of The Landlord And Tenant Upon Termination Of The Tenancy/Lease
  8. Importance Of The Notice Of Termination Of The Lease Or Tenancy
  9. Understanding The Procedure For Recovery Of Possession Of Premises And A Claim For Outstanding Arrears Of Rentals Upon Termination Of The Tenancy/Lease Agreement By The Landlord
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
  • Academicians
METHODOLOGY
Interactive Lectures, Discussions and Practical Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
COURSE CONTENT
9:00

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

 

10.45

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

 

12.00

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

 

1:00 Lunch
2:00

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

 

  LEASE AND TENANCY IN FAVOUR OF TWO OR MORE PERSONS VOID UNLESS AS TRUSTEES OR PERSONAL REPRESENTATIVES: SECTION 225(2)
3.45

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

 

5:00 End of Course