FAQ’S OF THE LAGOS TENANCY LAW 2011
An appraisal of the Lagos Tenancy Law
Oftentimes, reading a law in its entirety may become monotonous and not the best of books to read. This write-up seeks to simplify the law of tenancy in Lagos for a brief and concise readable text.
Who is a Tenant?
A Tenant is a sub-tenant or any person occupying any premises whether by payment of rent, howsoever or by operation of law and not persons unlawfully occupying any premises under a bona fide claim to be the owner.
Who is a Sub-Tenant?
A Sub-tenant is a person who occupies a premises or a portion of premises previously occupied by a tenant which has been sublet to the Sub-tenant under the written consent of the Landlord.
Considering who a tenant is, and who a sub-tenant is, it is safe to describe a sub-tenant as also a tenant, if there was an earlier written permission of the landlord. However, where a person occupies a premises under a bona fide tenancy, without the prior permission of the landlord, such person is said to be in unlawful possession and not a sub-tenant. This will be better described in the latter part of this write-up.
What is the difference between a Tenant and a Sub-Tenant?
A Tenant has an initial agreement with the Landlord while the Sub-Tenant came into the premises under a written consent from the Landlord which was obtained by the initial Tenant. The Tenancy law describes them as tenants.
Can there be a Sub-Tenancy without the consent of the Landlord?
No, the very essence of a Sub-Tenancy is that it must be initiated by a written consent from the Landlord.
Who are persons in unlawful occupation?
It means any person or corporate body who;
- a) Enters occupation through the tenant or remains in any residential or business premises without the consent of the Landlord. Or
- b) Enters or remains in occupation of the premises after an order for possession against a Tenant without the consent of the Landlord.
Note: The method of evicting a person in unlawful possession is through a 7 (Seven) days’ Notice of Owners intention to recover possession. A Quit Notice is dispense with here.
Who is a Landlord?
A Landlord concerning the premises means a person entitled to the immediate reversion of the premises, and entitled to the immediate reversion and include;
- a) The Attorney, Solicitor, Agent or caretaker of any such Landlord;
- b) Any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the occupation of any premises in respect of which he claims a right to receive the same or
- c) A formal Landlord where the context so requires.
What is a Tenancy Agreement?
It means an agreement whether written or oral, express or implied between a Landlord and a Tenant regarding possession of premises and use of common areas and includes leases and Sub-leases.
Note: Parties (Landlord and Tenant can by the Tenancy Agreement make provisions for the mode and timing of a Notice to Quit, since the Agreement is a separate binding contract between the parties and therefore enforceable on its authority without recourse to the Tenancy Law).
When can a Notice to Quit be issued?
The law prescribes the timing in which a Notice to Quit can be served, but these prescribes terms can only be applied if the parties (Landlord and Tenant) had no previous understanding as regards the terms.
According to Statues, notice to quit can be issued in the following ways;
a) A week notice for a Tenancy at will
b) One (1) Months’ Notice for a monthly Tenancy
c) Three (3) Months’ Notice for a quarterly Tenant
d) Three (3) months’ Notice for a half-yearly Tenant and
e) Six (6) months’ Notice for a yearly Tenant.
Must a Tenant’s Tenancy have expired before the issuance of a Notice to Quit?
No, the issuance of a Notice to quit can be issued to terminate on or after the expiration of the tenancy.
What is a fixed-term Tenancy?
A fixed-term tenancy has a definite commencement date and the duration is certain. It is mostly written in the Tenancy Agreement as ‘This Tenancy is for One year Certain’ or the particular year(s) prescribed by the parties. This means that once this Tenancy is determined by effluxion of time, the need for a Notice to quit is not required and where the Landlord intends to evict the tenant, he will only need to serve a Seven (7) days notice of his intention to apply to recover possession.
Is Lagos Tenancy Law the only Law governing Tenancy in Lagos State?
No, the Lagos Tenancy Law of 2011 governs all of Lagos State except;
a) Residential premise owned or operated by an educational institution for its staff and members
b) Residential premises provided for emergency shelter;
c) Residential premises;
i) In care or hospice facility;
ii) In a public or private hospital or a mental health facility and
iii) That is made available in the course of providing rehabilitative or therapeutic treatment.
d) Not applicable to these areas;
i) Apapa
i) Ikeja GRA
ii) Ikoyi and
iv) Victoria Island.
All the areas highlighted above are governed by the Rent Control and Recovery of Residential Premises Law of Lagos State. Most of the provisions in these two laws are similar, but some differences must be noted between the two laws.
Can a Landlord demand rent above the term of Tenancy?
No, it is unlawful for a Landlord or his agent, to demand or receive from a new or would-be tenant rent above One (1) year in respect of premises.
Also, it is unlawful for a new or would-be Tenant to offer or pay rent above One (1) year in respect of any premises.
It must be noted, however, that this provision of the Tenancy Law is mostly not enforced in Lagos state going by the blatant disregard of this law as tenants are mostly made to pay over One year rent.
Can a Tenant make improvements to a rented premise?
Yes. For a Tenant to claim compensation from the Landlord for the improvements made on the property, however, the improvement must have been done with the prior written consent of the Landlord. Any improvements made by the Tenant without the consent of the Landlord cannot be compensated for by the landlord.
Who should repair the premises?
The Landlord is obligated to repair the exterior of the premises, e.g. the roof, walls, gate etc. of the demised premises. The Landlord is to effect the repairs and maintain the external and common parts of the premises.
How can a landlord take possession of an abandoned property?
A premises is said to be abandoned when;
- a) Tenancy has expired; and
- b) Tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises.
For the Landlord to recover possession of an abandoned premises, he will issue a (7) Seven days’ Notice of the Landlord’s intention to recover possession, which can be served by pasting the Notice on the abandoned premises; and the Landlord can then apply to Court for an order for repossession of the premises or an order to enter the premises and repossess it.
CONCLUSION
The above are frequently Asked Questions on the Lagos Tenancy Law and can be referred to when any question arises on the provisions of the Lagos Tenancy Law.
Laws referred to are;
- Lagos Tenancy Law 2011.
- The Rent Control and Recovery of Residential Premises Law Vol. 7, Laws of Lagos State of Nigeria 2003.
OLUBUNMI SOLAJA ESQ.
