Emeka
Nwankwo is a legal practitioner with a viable law practice in Lagos. He is a
fine gentleman with his head well screwed to his neck. Temperate,
unassuming, a charmer and a typical people-person. Little wonder, in his early
30s he has recorded huge milestones in his law career.
Nwankwo is a legal practitioner with a viable law practice in Lagos. He is a
fine gentleman with his head well screwed to his neck. Temperate,
unassuming, a charmer and a typical people-person. Little wonder, in his early
30s he has recorded huge milestones in his law career.
Emeka
resides in a peaceful, elitist neighborhood in Lagos, Nigeria. Though of the
eastern extraction, he enjoys a chummy relationship with his landlord, a yoruba
man in his early fifties.
resides in a peaceful, elitist neighborhood in Lagos, Nigeria. Though of the
eastern extraction, he enjoys a chummy relationship with his landlord, a yoruba
man in his early fifties.
Emeka
is blessed with a landlord he rarely sees, he breaks no sweat and neither has
any agent breathing down his neck on tenancy issues. Whenever hisl andlord
comes around, all they ever discuss – over chilled bottles of beer – is what
the English Premiership table looks like and their re-invigorated faith in
their darling club, Manchester United FC., clinching the premiership trophy.
is blessed with a landlord he rarely sees, he breaks no sweat and neither has
any agent breathing down his neck on tenancy issues. Whenever hisl andlord
comes around, all they ever discuss – over chilled bottles of beer – is what
the English Premiership table looks like and their re-invigorated faith in
their darling club, Manchester United FC., clinching the premiership trophy.
The
above is rarely the case whenever a tenant settles in a new apartment in Lagos.
While prospecting, his attempts at procuring a befitting place of abode is
subject to different paradigms, and one of such is the indispensable overlord
and solution provider; the Landlord.
above is rarely the case whenever a tenant settles in a new apartment in Lagos.
While prospecting, his attempts at procuring a befitting place of abode is
subject to different paradigms, and one of such is the indispensable overlord
and solution provider; the Landlord.
Landlords,
like others, are given to certain prejudices and self-conservatory
idiosyncrasies. Understandably none is Santa Claus.
like others, are given to certain prejudices and self-conservatory
idiosyncrasies. Understandably none is Santa Claus.
Thoughts
like these always echo silently:
like these always echo silently:
”
what part of the country is he from?”
what part of the country is he from?”
“Is
he married, and if yes, how large is his family?”
he married, and if yes, how large is his family?”
“what
does he do for a living?” , “will he be able to sustain payment of rent as at
when due?”
does he do for a living?” , “will he be able to sustain payment of rent as at
when due?”
“will
he keep the property in tenantable state and obey the terms of the agreement
signed ?”
he keep the property in tenantable state and obey the terms of the agreement
signed ?”
These
notions are stirred-up in the minds of the landlord and often times he consults
his Agent or Lawyer in co-signing his decision after necessary circumspection.
However, this decision-making is solely his prerogative as often times the
agents and lawyers are swayed by their commissions. It is instructive to note
that when flashes of real estate deal-making and closing appear on the horizon
it takes a lot to stay objective and utterly professional. It is also poignant
to state that everyone involved in a real estate transaction is expected to
assume his duty with a deep sense of responsibility.
notions are stirred-up in the minds of the landlord and often times he consults
his Agent or Lawyer in co-signing his decision after necessary circumspection.
However, this decision-making is solely his prerogative as often times the
agents and lawyers are swayed by their commissions. It is instructive to note
that when flashes of real estate deal-making and closing appear on the horizon
it takes a lot to stay objective and utterly professional. It is also poignant
to state that everyone involved in a real estate transaction is expected to
assume his duty with a deep sense of responsibility.
The
landlord, as proprietor, landowner or landholder has an almost absolute
interest in a defined property. The Tenant is the needy, or better still, he is
in need of a place to live in. In this equation, the landlord is the solution
provider, by virtue of what he owns, possesses or wields control over.
landlord, as proprietor, landowner or landholder has an almost absolute
interest in a defined property. The Tenant is the needy, or better still, he is
in need of a place to live in. In this equation, the landlord is the solution
provider, by virtue of what he owns, possesses or wields control over.
What
is at the very core of the Landlord-Tenant relationship is – satisfying the
need of the tenant; proffering an apartment, wherein the needy(tenant) enjoys
exclusive possession at a cost(rent) for a period of time.
is at the very core of the Landlord-Tenant relationship is – satisfying the
need of the tenant; proffering an apartment, wherein the needy(tenant) enjoys
exclusive possession at a cost(rent) for a period of time.
Evidently,
not everyone shares an amorous relationship with their landlords, as is the
case with Emeka Nwankwo. One is often tempted to ask what exactly is
responsible for the prevalent cat-dog relationship of Landlords and Tenants;
why the courts in Lagos are congested with countless suits bothering on
recovery of premises, mesne profit and possession; why tenants see Landlords as
Shylocks; why there are incidents of breach of tenancy agreements etc.
not everyone shares an amorous relationship with their landlords, as is the
case with Emeka Nwankwo. One is often tempted to ask what exactly is
responsible for the prevalent cat-dog relationship of Landlords and Tenants;
why the courts in Lagos are congested with countless suits bothering on
recovery of premises, mesne profit and possession; why tenants see Landlords as
Shylocks; why there are incidents of breach of tenancy agreements etc.
My
experience litigating these issues would have me suggest that the erosion of
the peaceful enjoyment of the property by the tenant, and the failure to pay subsequent
rents/rates/service charges as at when due, are the chief contributory factors
to Landlord and Tenant disenchantment.
experience litigating these issues would have me suggest that the erosion of
the peaceful enjoyment of the property by the tenant, and the failure to pay subsequent
rents/rates/service charges as at when due, are the chief contributory factors
to Landlord and Tenant disenchantment.
Perhaps
a few of such relationships could be salvaged from deterioration when both
parties understand their roles, rights and obligations. Oftentimes these terms
are canonized in the Tenancy Agreements. Numerous state legislations(tenancy
laws) reinforce certain standard form terms and cater to ensuring these
stipulations are enforceable, because everyone is the better for it when peace
and tranquility prevails.
a few of such relationships could be salvaged from deterioration when both
parties understand their roles, rights and obligations. Oftentimes these terms
are canonized in the Tenancy Agreements. Numerous state legislations(tenancy
laws) reinforce certain standard form terms and cater to ensuring these
stipulations are enforceable, because everyone is the better for it when peace
and tranquility prevails.
The
under-listed accentuates, side by side, the rights and obligation of the two
parties. If these fundamentals are clearly understood and appreciated same
signposts an excursion to a sizzling romance.
under-listed accentuates, side by side, the rights and obligation of the two
parties. If these fundamentals are clearly understood and appreciated same
signposts an excursion to a sizzling romance.
TENANT’S
RIGHTS.
RIGHTS.
1)
He is entitled to quiet and peaceful enjoyment of the property, i.e, the
parking lots, the electricity, easements, water facility, common utilities etc.
He is entitled to quiet and peaceful enjoyment of the property, i.e, the
parking lots, the electricity, easements, water facility, common utilities etc.
2)
Freedom from unnecessary and unreasonable disturbances from the Landlord. e.g
showing up uninvited on the premises, hosting parties or staging receptions in
the courtyard of the Tenant without prior consent or authorization.
Freedom from unnecessary and unreasonable disturbances from the Landlord. e.g
showing up uninvited on the premises, hosting parties or staging receptions in
the courtyard of the Tenant without prior consent or authorization.
3)
Improvement on property, fixing doors, light fittings, painting walls, fixing
the the tiles in the toilet and bathrooms and the cupboards in the kitchen.
etc. A tenant should enjoy these sort of improvements made on the property,
particularly when he seeks to extend the term of the tenancy.
Improvement on property, fixing doors, light fittings, painting walls, fixing
the the tiles in the toilet and bathrooms and the cupboards in the kitchen.
etc. A tenant should enjoy these sort of improvements made on the property,
particularly when he seeks to extend the term of the tenancy.
LANDLORD’S
RIGHTS.
RIGHTS.
1)
He has a right to inspect the property, in his personal capacity or through his
agents.
He has a right to inspect the property, in his personal capacity or through his
agents.
2)
He has a right to approve improvements, alterations and structural changes made
to his property.
He has a right to approve improvements, alterations and structural changes made
to his property.
3)
He has a right to increase rent at a reasonable degree, considering rental
value and the value of the property in question.
He has a right to increase rent at a reasonable degree, considering rental
value and the value of the property in question.
OBLIGATIONS
OF THE TENANT
OF THE TENANT
1)
Pay rent, rates and charges as at when stated.
Pay rent, rates and charges as at when stated.
2)
Keep premises in good and tenantable state.
Keep premises in good and tenantable state.
3)
Permit the Landlord or his agent the opportunity to inspect after prior
notification has been received and allow necessary repairs where necessary.
Permit the Landlord or his agent the opportunity to inspect after prior
notification has been received and allow necessary repairs where necessary.
4)
No alteration without prior consent of the Landlord.
No alteration without prior consent of the Landlord.
5)
No sub-letting or assignment of interest in property without Landlord’s
consent.
No sub-letting or assignment of interest in property without Landlord’s
consent.
6)
To notify Landlord of structural and substantial alterations.
To notify Landlord of structural and substantial alterations.
OBLIGATIONS
OF THE LANDLORD
OF THE LANDLORD
1)
None disturbance of Tenant’s quiet and peaceful enjoyment of premises.
None disturbance of Tenant’s quiet and peaceful enjoyment of premises.
2)
Pay rates and charges as stipulated by law.
Pay rates and charges as stipulated by law.
3)
Keep premises insured against loss or damage.
Keep premises insured against loss or damage.
4)
Not to terminate or restrict a common facility or service for the use of the
premises.
Not to terminate or restrict a common facility or service for the use of the
premises.
It
would bode well for both parties, regardless of the side of the divide to
understand that they are obligated to allow each other enjoy certain rights to
forestall any clash of interests.
would bode well for both parties, regardless of the side of the divide to
understand that they are obligated to allow each other enjoy certain rights to
forestall any clash of interests.
While
there is always the likelihood of friction in day to day human interaction, it
behooves on parties to treat same in a civil manner, it is advisable that
before a Landlord-Tenant relationship is executed there is a meeting of the
minds and a mutual understanding that civility and maturity will be the
watchword, in addition, parties should endeavor to incorporate terms that
mandates quick dispute resolution mechanisms whenever disputes arise.
there is always the likelihood of friction in day to day human interaction, it
behooves on parties to treat same in a civil manner, it is advisable that
before a Landlord-Tenant relationship is executed there is a meeting of the
minds and a mutual understanding that civility and maturity will be the
watchword, in addition, parties should endeavor to incorporate terms that
mandates quick dispute resolution mechanisms whenever disputes arise.
LAST
WORDS TO READERS
WORDS TO READERS
You
live in Lagos? as a Landlord or Tenant? What is your story? how has the
relationship been? are you faced with litigation? how good is your agent? Does
your Lawyer represent your interest well enough? please do share your thoughts
in the comment section, particularly if this article resonates with your
experience.
live in Lagos? as a Landlord or Tenant? What is your story? how has the
relationship been? are you faced with litigation? how good is your agent? Does
your Lawyer represent your interest well enough? please do share your thoughts
in the comment section, particularly if this article resonates with your
experience.