Why attend Tenancy Agreements?

• Exposing Ambiguities in Tenancy Agreements
• Learning how to protect your interests in leases and tenancies
• Knowing the obligations & rights of landlords & tenants in residential & commercial
• Gaining in-depth understanding in tenancy documentation and due diligence
• Analyzing & determining best strategy to resolve tenancy disputes
• Be updated on latest Fair Tenancy leasing negotiations for certain qualifying retail premises
• Learning what is fair & wear?
• Understanding repairs disagreements - Minor repair costs
• How to exercise “Option to renew” lease
• Decoding the Fine Print: Leasing Tenancy Documentation
• Effectively using Assignment and Novation in real estate leases
• Trespassing and understanding exclusive possession in leases
• Learn the “reasonable man test” under common law

Outline

1. Insights to Obligations & Rights of Landlords and Tenants
• Who is the reasonable landlord?
• Who is the reasonable tenant?
• Covenants implied by landlord
• Covenant for quiet enjoyment
• Non-derogation form grant
• Premises fit for human habitation e.g. Mold fungus (legal precedents)
• Repairing obligations - remedies of tenant for breach of repair covenant
• Air-conditioning maintenance disputes
• 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
• Tenancy at sufferance
• Holding over period & double rent
• Use premises in a tenant-like manner
• Deliver up premises on termination of lease in same state as when let, fair wear tear excepted
• 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 bare 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

2. Tenancy Traps: What to Watch Out For
• Managing Potential Pitfalls in Tenancy Agreements
• Have in place enforceable tenancy agreement
• Statutory requirements governing lease
• Staying Ahead of Challenges
- option to renew
- representations and inducement
- security deposits – cash & banker’s guarantee
- amendments
- stamp duty
- pre-termination, surrender, merger
- redevelopment works
- minor repair costs and fair wear & tear issues
- case-studies of common tenancy disputes

3. Tenancy Agreements Documentation
• Letter of intent (LOI)
• The premises
• The habendum
• The reddendem
• The covenants
• The 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 eviction order)

4. Navigating Complex Situation of Fixtures
• Right to fixtures as between landlord & tenant
• When is chattel a fixture under the common law?
• 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

5. Termination of Leases and Dispute Resolution Strategies
• Re-examining scenarios where tenancy can be terminated,
• Forfeiture for breach of conditions & non-payment of rent – section 18 of
• Conveyancing Law Property Act
• Notice to quit
• By frustration & force majeure clause – emerging infectious diseases, lockdown
• Breach of repair covenants
• Compensation for landlord and tenant
• Mediation, arbitration, litigation
• Mini-trial (a strategy)

6. The New Retail Premises Act
• Mandatory Code of Conduct for Leasing Negotiations of qualifying retail premises
• Leasing principles for 13 key tenancy terms
• Permitted deviations under the new Code
• Confidentiality & data transparency
• Non-compliance & its consequences
• New process for dispute resolution - mediation & adjudication
• Enforcement of Code

7. Evaluating Assignment & Novation & Managing Subletting in Real Estate
• Confusion in terminology
• Case scenarios when to use them
• Sub-letting issues

Who should attend

• Leasing Executives
• Property Owners
• Property Developers
• Tenancy Contract Managers
• Property Consultants
• Landlords & Tenants
• Real estate professionals
• Real estate investment & Asset Management
• Group services and operations managers & executives
• Any person who manages property leasing

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.