LAGOS STATE TENANCY LAW 2011 PDF
Lagos State Tenancy Law - Download as Word Doc .doc /.docx), PDF File A – Lagos State of Nigeria Tenancy Law Arrangement of Sections 1 . Download, Total Views, Stock, ∞. File Size, KB. File Type, pdf. Create Date, August 24, Last Updated, May 4, The Lagos State Tenancy law is an exception to this position, where the law excludes licensees and servants and only accord the paraphernalia of a.
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Tenant including the Procedure for the Recovery of Premises 1) This Law shall apply to all premises within Lagos State, including business. TENANCY LAW NO. 14 LAWS OF LAGOS STATE OF NIGERIA. ARRANGEMENT OF SECTIONS. SECTION. 1. Application of the Law. 2. Jurisdiction of the. Samuel Okolie: Right of a tenant under Lagos State Tenancy Law Published. on. November 22, By. Daily Post Staff. Let me begin this write up, on.
Application of the Law 2. Jurisdiction of the Courts 3. Tenancy Agreement 4. Advance Rent. Rent Payment Receipt. Rights of a Tenant.
Sule being the person occupying the premises qualifies as a tenant. That the tenant was a statutory tenant under the law since his original entry and possession were both lawful as it arose from out of the contract of service with the Respondent.
A servient tenant is therefore a tenant within the meaning of the statute and therefore entitled to statutory protection,31 he cannot be evicted unless the employer complies with the necessary formalities prescribed by statute. Owodunni32 refrained from making any pronouncement on the position of a servient tenant in the context of the Rent Control and Recovery of Residential Premises Law and whether such is a tenant within the meaning of the statute.
The court however illustrated with distinction where a servant acquires an estate in the premises and where his occupation is that of the servant The fact similar to the one in Sule vs.
Nigerian Cotton Board, the said tenant in this case under a contract of employment was put into occupation by the employer for the more convenient performance of his service. A year before the determination of his employment, the Respondent and Applicant went before the Rent Tribunal which fixed appropriate rent of the premises. After the determination of his contract of service, he continued to occupy the premises in question without right. Termination of such contract of service does not determine the tenancy,35the issue is the circumstances under which the employee is let into possession and the intention of the parties.
Such arrangement should be more appropriately construed as a service occupancy analogous to a licence which terminates upon the determination of the contract of service. In Chukwumah vs. Shell Petroleum Development Co. The court only went as far as to hold that the appellant holding over after one month from the date of termination of his employment, he would become a trespasser although the company had no right to forcibly evict him except in accordance with due process of the law.
The Majority of the court in this case also refrained from determining the question whether the appellant was a tenant or licensee and lost the opportunity of settling this area of law between orthodox concept and 34 See Mobil Oil Nigeria Ltd Vs. Karibi-Whyte JSC found that the appellant merely enjoyed the privileges of his employment to live in the premises with the licence of the Respondent Company. Faulkner 2 TLR P. The Appellant in the instant case has no interest in the land even during his occupation of the premises but was a licensee.
The license to remain is automatically revoked on his retirement or when for any cause ceasing to be employed.
Where a servant is given the personal privilege to live in a house for a greater convenience of his work, and this is treated as part of his remuneration, then he is a licensee, even though the value of the house is quantified in money. But where he is given an interest in the land, separate and distinct from his contract of service, at a sum properly to be regarded as rent, then he is a tenant, and none the less a tenant because he is a servant.
10 Things Lagosians should know about the Lagos Tenancy Law - LawPàdí
The nature of such pecuniary obligation was explained by the Supreme Court in African Petroleum vs. He will not pay Mesne profit because he is not a trespasser. A claim for mesne profit is inappropriate when the occupier is still a tenant.
This can only be maintained when the tenancy has been determined according to law i. It would therefore appear that the interest of the statutory tenant lingers on and remains protected until a court order mandates him to vacate the premises and give up possession accordingly, it is only then that the occupation of the tenant is wrongful. This arises where there is arrears of rent and before the tenant is successfully ejected and as stated above Mesne profit arises where the tenancy has been determined and the tenant ejected according to law but still holds over.
Tennessee Nig Ltd40 a tenant who was granted a one year term with expiry in January failed to surrender the key until August From the above, it appears that a landlord of a statutory tenant can successfully sustain a claim for damages for use and occupation of the property from such a tenant.
The current practice where both claims are lumped together in our courts is a procedural error and wrong in law. Owodunni supra at p. Nigeria Airways Ltd. It also makes it unlawful for a landlord or his agent to demand or receive from a new or would be tenant or for such tenant to offer to pay rent in excess of one 1 year in respect of any premises.
Lagos State Tenancy Law
Owodunni48 and Chukwumah vs. There is a need for our court to settle this area of law between orthodox concept and statutory dogma and not lose the opportunity on the grounds that the issue was not either canvassed before them or they just ignore it. It is hoped that these our judiciary will recognise that the time is ripe for a judicial rethinking towards a positive change for, an error in law should not be condoned indefinitely.
The onus lies on the landlords to be pro-active and diligent in the management of their property. It is also unlawful for the sitting tenant to offer or pay rent in excess of 1 year for a yearly tenant and 6 months for a monthly tenant. The penalty for both landlord and tenant involved in such an arrangement is a fine of N, or to 3 months imprisonment.
The Lagos Tenancy Law provides that it is unlawful for a landlord or his agent to demand or receive from a new or prospective tenant, rent in excess of 1 year in respect of any premises; it is also unlawful for the new or prospective tenant to offer or pay rent in excess of 1 year. Your landlord cannot under any circumstances seize any item or property of yours as a tenant or interfere with your access to your personal property. If you live in a property that includes payments for a service charge , as a tenant, the landlord or his agent is to issue you with a separate receipt; and you are entitled to a written account at least every 6 months from the Landlord of how monies that you paid were disbursed.
Where your tenancy agreement does not stipulate your notice period, the Lagos Tenancy Law provides that the notice period to be applied is thus:. If your landlord, in trying to eject you as a tenant from the property, demolishes or alters the building without court approval; or threatens or molests you, or attempts to remove you by force from the property, the landlord is committing an offence and is guilty if convicted to a fine of N, or a maximum of 6 months imprisonment.
As a tenant, you are entitled to request from your landlord that you have a written tenancy agreement. A tenancy agreement is an important document because it basically outlines the terms of your tenancy in the property, in fact one could argue that this is the most important right of every tenant. Landlords can refuse to issue a tenancy agreement, but if your landlord does not give you one, then you should be very wary.
Notwithstanding any provision in any other Law. A warrant for possession shall entitle the landlord to be put in possession of the premises to which the warrant relates and the certificate of warrant execution shall be as in Form TL Or b has been put out of possession. Provided that no entry upon such warrant shall be made on a Sunday or public holiday.
Any warrant to give possession of the premises to the person named in the warrant or to whom it may be directed. At the expiration of the time ordered by the Court. Provided that a Warrant may be renewed every three months but shall not exceed three 3 renewals.
The Chief Judge may. In this Law. Lagos state. This Law may be cited as the Tenancy Law and shall come into force on 24th day of August Lagos State Tenancy Law Uploaded by jessejeff.
TENANCY LAW. Vol 5
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