The place of shelter as one of the most important necessities of human existence cannot be overemphasized, especially in a country like Nigeria and Lagos State in particular with a startling housing deficit and one of the largest urban populations in the world.
This of course has prompted the intervention of government through a Regulatory Framework to control one of the most important value points in the Real Estate sector – Tenancies.
Tenancies are basically Legal relationships between 2 parties known as a Landlord and Tenant whereby the Tenant obtains from the landlord a legal right of occupancy over a piece of Residential or Commercial property for a stated time period in exchange for consideration known as rent.
Consequently, what this article will aim to do is :-
– Provide a basic understanding of the Regulatory Framework governing Tenancies in Lagos State particularly.
– Provide a basic understanding of types of tenancies and a comparison of Tenancies with other forms of property occupancy.
– Outline the process of how to commence the Recovery of Premises in Lagos particularly.
– Highlight the grounds for the Recovery of Premises in Lagos particularly.
What is the Regulatory Framework governing Tenancies in Lagos State?
Tenancies in Lagos State are governed by the Tenancy Law of Lagos State 2011 via the State High Court & Magistrate Court.
What are the types of Tenancies in existence in Lagos State?
The following types of Tenancies are obtainable in Lagos (and the rest of Nigeria generally):-
- Statutory Tenancies:- These are Tenancies that continue by the operation of law even after the expiration of a valid Tenancy agreement.
- Fixed term Tenancies :- These are tenancies that are designed to last for a fixed term period by the agreement of parties .e.g. Agreements that last from Jan 11,2022- August 20, 2024.
- Quarterly Tenancies – These are Tenancies that last 3 months.
- Monthly Tenancies.
- Weekly Tenancies.
- Service Tenancies :- These are tenancies that exist as employment benefits where the tenant’s employment terms and work description make accommodation provisions very necessary e.g. Barracks.
- Tenancies at will :- This involves the landlord allowing the Tenant continue to occupy the premises.
Does the Tenancy Law of Lagos State apply everywhere in the state?
No, it doesn’t. Exceptions do exist such as :-
– Premises used by educational institutions.
– Residential premises provided for emergency shelters.
– Residential premises in a care center, hospital or mental health facility.
– Apapa, Ikeja, Ikoyi & Victoria Island.
– Rehabilitation treatment centers.
What is the difference between a Tenancy and a Lease?
While used interchangeably in everyday practice, especially in Lagos, a Lease is actually a Tenancy Agreement for a term of at least 3 years requiring the documentation and signing of a Deed which should be registered.
What is the difference between a Tenancy and a License?
A license is simply a grant of occupancy to a Licensee which entitles him to an occupancy without a proprietary right in the property. Good examples of licenses include:
– Children in the homes of their parents.
– Lodgers.
– Hostel occupants.
– Hotel Room guests.
– Squatters.
What are the most important steps to take in the Recovery of Premises?
Anyone wishing to recover his property from a tenant on the expiration of his tenancy must serve the tenant with 2 statutory notices being a Notice to quit & a Notice of the Owner’s intention to recover possession of the property.
The Notice to Quit must be said in the following time frames :-
– Yearly Tenancies – a 6-month notice.
– Quarterly Tenancies – a 3-month notice.
– Monthly Tenancies – a 1-month notice.
– Weekly Tenancies – a 1-week notice.
After the expiration of the notice, the landlord will then have to serve the 7-day notice to recover possession of the property on the tenant.
After this the landlord can then proceed with filing a Court action for an eviction order and rent arrears payment and mesne profits payment (mesne profits are profits that are lost during the period of a Statutory Tenancy which the landlord would have made from renting to other tenants).
Can i seek to revoke a tenancy or Recovery of Premises on other grounds apart from non-payment of rent ?
Yes you can. Other grounds for the Recovery of Premises include :-
– The immediate need for the property by an adult child of the landlord/overriding convenience of the landlords family.
– The requirement of the premises on public interest grounds.
– The Tenant being in breach of an express covenant in the Tenancy agreement.
– The Tenant using the premises for immoral or criminal purposes.
– The Tenant causing nuisance to other tenants in the premises (consult your lawyer on the legal meaning of Nuisance as a Civil wrong).
– Where the property has been sold or put up for sale by the landlord.
– There is need for huge repairs.
– The tenant has caused by neglect or acts of waste major damage to the property.
– An eviction notice issued by a public authority (the Lagos State Building Control Agency in most cases).
What happens if i try to break my way into the premises occupied by the tenant instead of wasting time with going to court?
This is risky as it can open you to a lot of liabilities in the form of either a court action for damages by the tenant or a Criminal allegation of trespass by the tenant.
Conclusion : – It is hoped that a good understanding of Recovery of Premises and its procedure has been achieved by virtue of this write-up which will enable Property owners, tenants and Estate Managers make better decisions in the exercise of their rights going forward.
