The tenancy law of Lagos State came into force on 24th August, 2011. It is important to note that the law does not have general application throughout the State – Section 1 subsection (1)-(3), Tenancy Law, 2011.
It applies to all premises within Lagos State, including business and residential premises unless otherwise specified.
It does not apply to:
1. Residential premises owned or operated by an educational institution for its staff and students.
2. Residential premises provided for emergency shelter.
3. Residential premises in a care or hospice facility, in a public or private hospital or a mental health facility; and that is made available in the course of providing rehabilitative or therapeutic treatment.
The following areas are
exempted from the application of the law:
1. Apapa
2. Ikeja GRA
3. Ikoyi
4. Victoria Island
The Tenancy Law of Lagos State 2011 has made it obligatory for all landlords to issue rent payment receipt to their tenants in respect of rent paid by tenants. Section 5 subsection (1) of the tenancy laws of Lagos further states that the rent receipt shall state the date on which rent was received, names and addresses of the landlord and tenant, description and location of premises in respect of which the rent is paid, amount of rent paid and period to which the payment relates.
Now, section 5 subsection (3) of the tenancy law prescribes the penalty on the landlord who fails to issue a rent receipt on conviction to a fine of N100,000.
Quit Notice
Section 13 subsection (1) of the tenancy law prescribes the length of notice to be given where there is no agreement between the landlord and the tenant to determine the tenancy, which are; a week’s notice for a tenant at will, one month’s notice for a monthly tenant, three months’ notice for a half- yearly tenant and 6 months’ notice for a yearly tenant.
However, sub section (2) of section 13 further provides that in the case of a monthly tenancy, where the tenant is in arrears of rent for 6 months, the tenancy shall lapse, in other words, there would be no need for a landlord to issue a notice to quit on the tenant; what will be issued is a 7-day notice of owner’s intention to recover possession. The same applies to quarterly or half–yearly tenancy where the tenant is in arrears of rent for 1 year.
Procedure for Recovery of Premises
There are 4 steps or stages in the process for the recovery of premises:
1. Termination or Determination of Tenancy (i.e. notice to quit)
2. Service of 7 days’ notice of owner’s intention to apply to court to recover possession
3. Action in Court by Summons
4. Issuance of Warrant of possession (Section 24)
Under the Tenancy Law of Lagos 2011, Section 29 provides that where a landlord refuses to accept the current rent from a tenant, the tenant may upon application to the Court pay such rent to the Court’s Registry.
A tenant can question an unreasonable increase of rent by the landlord by applying to Court for an order declaring that the increase is unreasonable.
Offences Under the Tenancy Law – Sections 4, 44 Tenancy Law 2011
It is an offence for a landlord or his agent:
1. To demand or receive from a monthly sitting tenant rent for more than 6 months
2. To demand or receive from a yearly sitting tenant rent for more than 1 year
3. To demand or receive from a new tenant rent for more than 1 year
4. Not to issue receipt containing terms under Section 5
5. To demolish, alter or modify a building with a view to ejecting a tenant without the approval of Court
6. To forcibly eject a tenant
7. To threaten or molest a tenant by actions or words with a view to ejecting such tenant
8. To willfully damage the premises
9. To obtain order of possession by false information (an offence under the criminal code for perjury; and shall be liable to pay reasonable compensation to the tenant)
10. Consequences for 1-4 above is N100,000 fine or 3 months imprisonment
11. Consequences for breach of 5-8 is N250,000 fine or 6 months imprisonment
On the part of the tenant
It is an offence for a:
1. Monthly tenant to offer or pay rent for more than 6 months
2. Yearly tenant to offer or pay rent for more than 1 year
3. New tenant to offer or pay rent for more than 1 year
4. Tenant to deprive a landlord from recovering his premises by false information
5. Breach of the above offences attracts N100, 000 fine or 3 months imprisonment.
Conclusively, it must be noted that agents in Lagos are full of dubious practices, therefore before you pay rent to them:
1. Contact the landlord and seek his express permission before you go ahead to transact with his agents.
2. Do not pay any money to the bank account of any agent.
3. Ask for the tenancy agreement which you will enter into with the landlord before you make payments of any kind.
4. Feel free to raise requisition as soon as you notice foul play in the course of your transaction with the landlord, his agents.
5. Do not be in a hurry or desperate as they can capitalize on this to swindle you of your hard-earned money.
6. Ask for a receipt upon payment, not the agent’s receipt.
Note that it is an offence to pay more than a year’s rent!
About the Writer: Evans Ufeli is a lawyer and the author of acclaimed novel, ‘Without Face’. He is also an Alumni member of the Writers Bureau, Manchester, a highly sought-after conference speaker with a passion for the concept of change. He lives in Victoria Island, Lagos. You can contact him via Facebook: Evans Ufeli, Email: evanylaw@yahoo.com, Twitter: @Evansufeli and Phone: 08037712353. He blogs at www.ethicsafrica4u.wordpress.com.
