applies to tenancy matters is the Tenancy Law of Lagos State 2011 though it
doesn’t apply to every part of Lagos, areas such as Apapa; Ikeja G.R.A; Ikoyi;
and Victoria Island are exempted from the law. Also, residential premises
operated by educational institutes for their staff and students; residential
premises provided for emergency shelters and residential premises providing
rehabilitative or therapeutic treatment are exempted from the Law as well.
Fashola won the heart of Lagosians because it prohibited property owners from
collecting more than a year’s rent from tenants, it also prohibits the tenant
from offering and if either party are found culpable of such act they shall be
liable to 3 months imprisonment or a fine of N100,000. 00. Section
3 of the Tenancy Law provides that a tenancy agreement exist where premises are
granted by the landlord to a person for value whether or not it is – Express or
implied; Oral or written or partly oral or partly written; or For a fixed
period.
are entitled to quiet and peaceful enjoyment of the premises, this includes;
privacy, freedom from unreasonable disturbance, exclusive possession of the
premises and the use of common areas for reasonable and lawful purposes. But,
tenants also have certain duties and obligations under the tenancy agreement,
which include:
Duty to pay rent at the times and in the manner
stated.
Duty to pay all existing and future rates and
charges not payable by the landlord by law.
To keep the premises in good and tenantable
condition.
Permit the landlord’s agents to effect repairs.
Not to make alterations on the building without
express consent from the landlord.
Not to assign or sublet the property without the
consent of the landlord, and
Inform the landlord when repairs are to be
made.
collect service charges but states that a separate receipt must be issued for
such payments. Tenants are however entitled to a written account of how
such funds are used. In any case where the landlord or his agent in
addition to rent requires the tenant or licensee to pay;
damage and repairs to the premises;
for the premises; or
units that retain common parts on the premises,
issue a separate receipt to the tenant for payments received and such tenant
shall be entitled to a written account at least every six (6) months from the
Landlord of how monies paid were disbursed.
to the conditions of rent, the tenancy agreement may be terminated by the
Landlord taking possession of the property. The Law also places some responsibilities
and obligations by stating that subject to any provision to the contrary in a
tenancy agreement, the landlord shall;
Not disturb the tenant’s quiet and peaceable
enjoyment of the premises.
Pay all rates and charges as stipulated by law.
Keep the
premises insured against loss or damage.
Not
terminate or restrict the use of a common facility or service for the use of
the premises.
Not seize any item or property of the tenant or
interfere with the tenant’s access to his personal property.
Effect
repairs and maintain the external and common parts of the premises.
As for the
payment of professional services such as legal fees, it shall be the duty of
the party who engages the services of a professional in respect of the tenancy
agreement to pay the fees. Where there is a breach or non-observance of any of
the conditions or covenants in respect of the premises, the landlord shall
subject to – Any provision to the contrary in the agreement between the
parties; and The service of process in accordance with the relevant provisions
of the Law, have the right to institute proceedings for an order to re-enter
and determine the tenancy.
Where there is no stipulation as to the notice
to be given by either party to determine the tenancy, the following shall
apply-
notice for a tenant at will;
notice for a monthly tenant;
months’ notice for a quarterly tenant;
months’ notice for a half-yearly tenant; and
notice for a yearly tenant.
In the case
of a monthly tenancy, where the tenant is in arrears of rent for six (6)
months, the tenancy shall lapse and the Court shall make an order for
possession and arrears of rent upon proof of the arrears by the landlord. In
the case of a quarterly or half-yearly tenancy, where the tenant is in arrears
of one (1) year rent, the tenancy shall lapse and the Court shall make an order
for possession and arrears of rent upon proof of the arrears by the landlord.
Adedunmade
Onibokun
@adedunmade