Why You Should Attend This Course:

This 2-day course deals with the landlord and tenant obligations under the law including the challenges and impact of Covid-19 new laws on commercial leases. A sound understanding of tenancy agreements can help prevent disputes and will contain terms to help protect both the landlord's and tenant's positions.

What do you know about “Smart Contracts”? Paperless digital code and stored on a revolutionary blockchain technology in a decentralised network of distributed ledger in the metaverse. The terms & conditions of Smart Contract are written in code & automatically self-executed when predetermined conditions are met in a decentralised space. Does Contract and Property law applies to Smart Tenancy Contract? In a recent case law, the contract law doctrine of mistake applies in cryptocurrency-related contract claim where automated smart contracts are entered through computer programming without human intervention.

You do not need to have prior legal knowledge to attend this course.

Samples of Tenancy Agreements for commercial & residential will be provided with detailed "clause-by-clause"
analysis of each tenancy contract terms.

** Prior to attending this course, participants should preferably have completed:

▪Contract Law – Understanding the Concepts of a Contract
▪Understanding Contract Interpretation & Drafting Standard Commercial Clauses

** Upon completion of this course, participants may progress to attend:

-Essentials of Preparing & Negotiating Contract Terms

Objective

The course will provide best practices and proven guidelines on how to understand important clauses found in tenancy agreements and effective negotiation methods to achieve high performing contracts with leads to successful conclusions. Learn to address common problems encountered in tenancy leases and how to resolve them and manage termination issues of tenancy agreements.

Outline

1. Difference between Tenancy, Lease and License

2. Drafting Tenancy / Lease Agreements

• understanding key terms in tenancy contracts
• avoiding common pitfalls in tenancy contracts
• misrepresentation and inducement into signing tenancies
• minor repair clauses
• renewal of tenancy contracts
• terminating tenancy contracts
• the stamp fee
• what the 'security deposit' mean
• the property agent's commission
• case-studies on best practices
• key considerations to notice
  • the inventory list
• practical tips in drafting effective tenancy contracts
  • walk through of sample tenancy agreements
  • clause by clause analysis of sample tenancy agreements (residential and commercial)

3. Is your Tenancy Contract Valid and Enforceable?

• making a tenancy agreement
• consideration
• offer and acceptance
• letter of offer
• acceptance of letter of offer
• subject to contract
• factors vitiating a tenancy contract
• mistake
• fraudulent and negligent misrepresentations
• illegal tenancy / leases
• void and voidable tenancies
• discharge of tenancy agreements
  • by agreement (novation)
  • by performance
  • by frustration-by breach
  • termination of tenancy
• break lease
• assessment of damages – monetary compensation
• damages must not be too remote
• compensation must be foreseeable under "test of remoteness"
• the principle of mitigation when recovering damages for breach

4. Contents of a Tenancy Agreement

• the premises
• the habendum
• the reddendem
• the covenants
• exceptions and reservations
• the conditions
  • repayment of security deposit at end of lease
  • the diplomatic clause
  • servicing of air-conditioners / chemical wash
  • curtain wash provision
  • the forfeiture clause
  • the process of re-possession (court order)

5. Rights and Duties of Tenants and Landlords

• covenants implied by landlord
• covenant for quiet enjoyment
• non-derogation form grant
• premises fit for human habitation
• repairing obligations
  • remedies of Tenant for Breach of Repair Covenant
  • damages for Breach of Covenant to Repair
  • specific performance, self-help, set-off, appointment of receiver
• covenants implied by tenant to pay rent
• tenant must not commit waste
  • voluntary waste
  • permissive waste
  • ameliorating waste
  • equitable waste
  • liability of tenants for waste
• fixed term lease
• periodic lease
• tenancy at will
• use premises in a tenant-like manner
• deliver up premises on termination of lease in same state as when let, fair wear tearexcepted
• allow landlord to inspect premises etc.
  • leases under Land Titles Act
  • implied powers under section 82
• some covenants commonly found in leases
  • the usual covenants
  • open contract
  • covenant to pay rent
  • covenant to repair
  • meaning of "good tenantable repair"
  • covenants as to rates, taxes, PUB and maintenance charges
  • observance of by-laws – condominiums and other strata title properties
• covenant against under-letting and assignment
• covenant to insure
  • landlord’s liability under statute
• Buildings and Common Property (Maintenance & Management) Act
• Building Control Act
• rent payable under lease / tenancy

6. Creation of Leases and Tenancies

• exclusive possession
• definite period
• intention of parties
• reservation of rent
• statutory requirement under conveyance and Law of Property Act
• formal and informal leases
• part performance

7. Smart Tenancy Contracts in the Metaverse

• traditional (paper contract) v smart contract (paperless digital code)
• blockchain “Code in law” = terms & conditions of smart contract
• computer code in block of data on blockchain protocol in decentralized space
• blockchain oracles – real world data
• decentralized autonomous organizations (= DAO) use smart contracts
• “Smart contract” created in Blockchain
  • Expressed through computer programming language e.g. Solidity

8. Types of Leases / Tenancies

• lease for a fixed term
• yearly tenancies and other periodic tenancies
• tenancy at will
• tenancy at sufferance

9. Rent Payable under Tenancy Lease

• recovery of rent
• forfeiture for non-payment of rent

10. Fixtures

• right to fixtures as between the parties
• when is chattel a fixture?
• degree of annexation
  • mode of annexation
  • removal without substantial damage to land?
• purpose of annexation
  • what was the object and purpose of annexation?
• fixtures removable by tenant
• when to remove fixtures
  • trade, ornamental and domestic fixtures

11. Termination of Leases / Tenancies

• by express power
• by surrender under LTA
• by effluxion of time
• by merger
• by forfeiture
  • forfeiture for breach of conditions
  • forfeiture clause
  • section 18 of CLPA Act
• by notice to quit
• by disclaimer
• by frustration

12. Psychologically Impacted Premises

• the American, English and Canadian experiences

Who should attend

Property Managers, Group Services and Operations Managers, Property Valuator / Surveyor, Leasing Professionals & Executives, Tenancy Contract Managers, Real Estate Professionals, Property Developers, Tenants and Landlords for Commercial, Industrial and Office Buildings, Real Estate Investment and Asset Management and anyone interested in achieving high contract performance

Testimonial

Catherine Tay's Profile

Catherine Tay has over 35 years of lecturing experience as an Associate Professor lecturing business law at the National University of Singapore (NUS) Department of Strategy and Policy, NUS Business School. She is an Advocate and Solicitor of the Supreme Court of Singapore. She is also a barrister-at-law (of Lincoln’s Inn, United Kingdom). She is an author of more than 8 law books, including her best-seller book title called "Contract Law - A layman Guide".

She studied law at Queen Mary College, University of London and graduated with a Bachelor of Laws with Honours and with a Master of Laws, in which she specialised in Company, Shipping, Insurance and Marine Insurance Laws.

She has facilitated seminars and in-house training courses for many business law topics such as tenancy agreements, contract administration management, procurement contracts, legal and practical aspects of tender management, Service Level Agreements and Outsourcing contracts, oil and gas contract management, insurance contracts, Intellectual Property Laws and PDPA data privacy laws. She is an examiner on law subjects for a number of professional bodies and universities in Singapore and overseas. She has lectured at the NUS Extension in professional and business management law courses.

She was an adjunct lecturer at NUS Institute of System Science, in IT outsourcing contracts for over 20 years. She is the Honourable Legal Advisor for Singapore Optometric Association, as well as for the Singapore Institute of Engineering Technologists.