Tenancy Agreements - Landlord and Tenant Law

(This 1-day seminar deals with landlord and tenant obligations under the law. You need not have prior legal knowledge to attend this course.)

Course Outline

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’ means?
  
• the property agent’s commission
  
• case-studies on best practice
  
• key considerations to notice
  
• practical tips in drafting effective tenancy contracts

Contents of a Tenancy Agreement

• the premises
  
• the habendum
  
• the reddendem
  
• the covenants
  
• exceptions and reservations
  
• the conditions

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
  
• covenants implied by tenant to pay rent
  
• tenant must not commit waste
  
• 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.
  
• some covenants commonly found in leases
  
• covenant against under-letting and assignment
  
• covenant to insure

Creation of Leases and Tenancies

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

Types of Leases / Tenancies

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

Rent Payable under Tenancy Lease

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

Fixtures

• right to fixtures as between the parties
  
• when is chattel a fixture?
  
• degree of annexation
  
• purpose of annexation
  
• fixtures removable by tenant
  
• when to remove fixtures

Termination of Leases / Tenancies

• by express power
  
• by surrender
  
• by effluxion of time
  
• by merger
  
• by forfeiture
  
• by notice to quit
  
• by disclaimer
  
• by frustration