This is an area of law about every citizen has to deal with hence the need to shed some light on the subject. But before proceeding, it is necessary to define the key concepts in the topic which are landlord, tenants and premises, etc.
A landlord is defined by Section 47 of the Tenancy Law of Lagos State 2011 thus: “landlord in relation to any premises means the person entitled to the immediate reversion of the premises or if the property is held in joint tenancy or tenancy in common, any of the persons entitled to the immediate reversion and that includes:
(i) The attorney, solicitor, agent or caretaker of any such landlord.
(ii) Any person receiving (whether in his own right or as 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
(iii) A former landlord where context so requires.
On the other hand, definition of tenant is very wide and it includes all persons who are in lawful occupation of a premises. The Recovery of Premises Law defines ‘tenant’ to include a subtenant or any person occupying any premises whether on payment of rent or otherwise, but does not include a person occupying premises under a bonafide claim to be owner of the premises.
Section 47 of the Tenancy Law of Lagos State provides “Tenant includes a subtenant or any person occupying any premises whether by payment or rent occupying any premises under any bonafide claim to be the owner”.
The same law defines “tenancy” as meaning holding interest in land or property by a tenant under a tenancy agreement.
While the law also defines tenancy agreement to “mean 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 subleases.”
From the above, the relationship of landlord and tenant is created when the landlord rent a premises out to the tenant for a valuable consideration and for a stated term which may and may not be renewable depending on the agreement.
In formal environment, such relationship is often reduced into writing in form of a tenancy agreement which will state the terms and conditions of such relationship which will be binding on parties to the agreement: However, it often happens that the landlord just collects the rent by bank transfer without any written document but with a definite understanding that the money paid is mean to cover a period of time.
It is advisable for landlords and tenants alike to insist that a tenancy agreement be signed to protect both sides to the transaction. If there is no agreement, it is the word on the landlord against that of the tenant. Ironically, most landlords and their agents always compel tenants to pay 10 percent as fee for the procurement of tenancy agreement but more often than not the landlord or his agent often pockets both the agency fee and the agreement fee to the detriment of the landlord and tenant.
Tenancy agreement is advisable because it will state the duties and obligations of both the landlord and the tenant in black and white. Any breach of these terms may lead to the termination of the tenancy. The agreement also provides for the modality for the termination of the tenancy without leaving it to the implication of the law. For instance an agreement may provide that if a tenant breaches any of the terms thereof, the landlord shall only give him notice of owner’s intention to apply for recover possession that is seven days notice.
However, if there is no agreement, section 13 (1) of the Lagos State Tenancy Law will be applicable, which states that if there is no written agreement between the parties the length of notice provided for under that section will be applicable, for instance:
- A week notice for tenant at will.
- One month notice for a monthly tenant.
- Three months’ notice for a quarterly tenant.
- Three months’ notice for half yearly tenant, and
- Six months’ notice for a yearly tenant.
For instance, if a yearly tenancy turns himself to a serious nuisance immediately after taking possession, if there is not express agreement, the nuisance must be endured until the six month notice and the seven days notice expire, which may not be very pleasant to both the landlord and other tenants on the premises.
To be continued.
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