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| Credits – housingrights.co.uk |
A
landlord has an unfettered legal right to terminate a tenancy upon giving
adequate notice. This is because the property is his and he can at any time
retrieve it subject to the conditions of the tenancy agreement. Once he abides
by the provisions of the tenancy agreement, the tenant has no choice than to
vacate possession. If the tenant refuses to quit, a court of law can, on an
action by the landlord, force him out of the premises.
landlord has an unfettered legal right to terminate a tenancy upon giving
adequate notice. This is because the property is his and he can at any time
retrieve it subject to the conditions of the tenancy agreement. Once he abides
by the provisions of the tenancy agreement, the tenant has no choice than to
vacate possession. If the tenant refuses to quit, a court of law can, on an
action by the landlord, force him out of the premises.
Many
Landlords and Tenants have been mixed up in endless court battles and rigorous
negotiations and/or arguments over notices to quit. The arguments of many
tenants have been that the notices are invalid or not properly served while
Landlords believe otherwise. This is a quick attempt to clear the air on the
issue.
Landlords and Tenants have been mixed up in endless court battles and rigorous
negotiations and/or arguments over notices to quit. The arguments of many
tenants have been that the notices are invalid or not properly served while
Landlords believe otherwise. This is a quick attempt to clear the air on the
issue.
In
order to recover possession of his premises, a landlord must determine the
tenancy, by service on the tenant of the appropriate notice to quit depending
on the type of tenancy.
order to recover possession of his premises, a landlord must determine the
tenancy, by service on the tenant of the appropriate notice to quit depending
on the type of tenancy.
Some
tenancy agreements provide for the length of notices and must be strictly
adhered to when it does, however Section
14 of the Lagos State Rent Control
and Recovery of Residential Premises law states that –
tenancy agreements provide for the length of notices and must be strictly
adhered to when it does, however Section
14 of the Lagos State Rent Control
and Recovery of Residential Premises law states that –
1. Where there is no express
stipulation as to the notice to be given by either party to determine the
tenancy, the following periods of time shall be given –
stipulation as to the notice to be given by either party to determine the
tenancy, the following periods of time shall be given –
a)
In the case of a tenancy
at will or a weekly tenancy, a week’s notice.
In the case of a tenancy
at will or a weekly tenancy, a week’s notice.
b)
In the case of a monthly
tenancy, a month’s notice;
In the case of a monthly
tenancy, a month’s notice;
c)
In the case of a yearly
tenancy, half a year’s notice.
In the case of a yearly
tenancy, half a year’s notice.
On
the determination of the tenancy, the tenant should be served with the
statutory 7 days’ notice of the landlord’s intention to recover possession of
the premises. Thereafter, the action can be filed in court. It should be noted
that service of valid quit notices is a precondition for the recovery of
possession by the Landlord.
the determination of the tenancy, the tenant should be served with the
statutory 7 days’ notice of the landlord’s intention to recover possession of
the premises. Thereafter, the action can be filed in court. It should be noted
that service of valid quit notices is a precondition for the recovery of
possession by the Landlord.
It
is settledthat a notice to quit in order to be effective ought to determine the
tenancy at the end of the current term of the tenancy as illustrated in the
case of African Petroleum Ltd. V.
Owodunni (1991) 8 NWLR (Pt 210) 391. For instance, a notice of six months
is necessary to determine a yearly tenancy and such notice must terminate the
tenancy at the end of the current term of the tenancy. Thus any notice given to
end at the middle of the term of the tenancy will be invalid. This was
illustrated in Akpokiniovo V. Air
Liquide Nigeria Plc (2012) LPELR – 9582(CA).
is settledthat a notice to quit in order to be effective ought to determine the
tenancy at the end of the current term of the tenancy as illustrated in the
case of African Petroleum Ltd. V.
Owodunni (1991) 8 NWLR (Pt 210) 391. For instance, a notice of six months
is necessary to determine a yearly tenancy and such notice must terminate the
tenancy at the end of the current term of the tenancy. Thus any notice given to
end at the middle of the term of the tenancy will be invalid. This was
illustrated in Akpokiniovo V. Air
Liquide Nigeria Plc (2012) LPELR – 9582(CA).
Where
a tenant for a fixed term refuses at the expiration of his tenancy to vacate
possession and wrongfully, that is, without the consent
of the landlord, continues in possession, he would be a tenant at sufferance.
This arises where a tenant at sufferance, holds over without the landlord’s
assent or dissent. What is important to note is that, if a notice to quit does
not follow the stipulated time prescribed by law, it is not valid.
a tenant for a fixed term refuses at the expiration of his tenancy to vacate
possession and wrongfully, that is, without the consent
of the landlord, continues in possession, he would be a tenant at sufferance.
This arises where a tenant at sufferance, holds over without the landlord’s
assent or dissent. What is important to note is that, if a notice to quit does
not follow the stipulated time prescribed by law, it is not valid.
AdedunmadeOnibokun,
Esq.
Esq.
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