Recovery
of premises in Nigeria; Drafts and procedure.
Majority of Nigerian are prone to change their
environment one time during their life time thus creating the avenue for a
tenancy relationship and also because of the incessant rise in the population
of the country and the increasing development in the real estate sector and the
need to provide accommodation for the rising population, it is necessary for
there to be a regulation of the relationship between these landlords and
tenants in order to avoid abuse of such relationships which may be in the form
of ;
a. arbitrary
increments in rents,
b. wrongful eviction and
c. Illegal holding over of premises.
The procedure for recovering premises is
largely governed and regulated by statutes. Each state in Nigeria now has its
own law for Recovery of premises in Nigeria and any act arising from these
relationships is heavily regulated by the different laws in the various states
of the Federation.
Amongst these laws are as follows;
1. Recovery
of premises cap. 544 LFN Abuja 1990.
2. Lagos
state Tenancy law (2011).
3. Recovery
of premises law cap.113 laws of Eastern Nigeria
4. Recovery
of premises law cap. 115 laws of Northern Nigeria 1963,
5. Recovery
of premises law Western Nigeria 1959.
6. Recovery
of premises Act. Cap 544 of the Laws of the Federation of Nigeria 1990)
7. Rent control and Recovery of Residential
Premises Law, Volume 7, Laws of Lagos State, 2003
8. Lagos Tenancy Law, 2011.
(NB. Other states have their own
laws with respects to tenancy)
Again be reminded that the objects for
the enactment of these laws include the following;
1. To
regulate the relationship between Landlords and Tenants,
2. To
prevent arbitrary increment of rents,
3. To
prevent unlawful election of tenants and
4. To
prevent illegal holding over by the tenant by tenants.
Generally, persons (landlords and
tenants alike) tends to understand these laws weights or tends to favor the
tenants more than the landlord or in other words that the laws offer more
blanket of legal protection to the tenants than the owners of the respective
properties (landlords), the perception are 60% found to be correct by some very
well pronounced judicial pronouncement of our courts even the Apex court.
By
this term paper I will strive to resolve and if possible proffer a possible way
out for these owners of the respective properties (landlords), though the
tenant will not be left out I promise.
CONDITIONS THAT MUST BE SATISFIED
BEFORE THE PROCEDURE LAID DOWN IN THE RECOVERY OF PREMISES LAW CAN BE INVOKED,
they are:
I. There must be in existence some ‘premises’ as defined by Law. Section 36 of the Rent control and Recovery of Residential Premises Law, Volume 7, Laws of Lagos State, 2003 defines Premises to include, “ a house or building or any part thereof together with its gardens or appurtenances”
ii. The landlord-tenant relationship must be established
I. There must be in existence some ‘premises’ as defined by Law. Section 36 of the Rent control and Recovery of Residential Premises Law, Volume 7, Laws of Lagos State, 2003 defines Premises to include, “ a house or building or any part thereof together with its gardens or appurtenances”
ii. The landlord-tenant relationship must be established
The Right of the Tenant and the law
By
Section 2 of the Recovery of premises Act Cap 544 of the Laws of the Federation
of Nigeria (1990), a tenant includes any person occupying premises, whether on
payment of rent or otherwise, but does not include a person occupying premises
under a bona fide claim to be the owner of the premises. The Rent control and
Recovery of Residential Premises Law, Volume 7, Laws of Lagos State, 2003,
expressly include a sub-tenant and service tenants (homes occupied by virtue of
employment) for the purpose of recovery of premises.
The reason for the enactment of the Recovery
of Premises Laws in various States of the Federation is principally to provide
for procedures a Landlord must adopt to recover possession of his premises
(property). Such procedures are primarily to protect the interest of the tenant
against that of the Landlord. In the case of Okedare V. Hamid (1955) 15 WACA 17
at 19, Coussey .J observed that:The main object of the Recovery of Premises Law was to place Limitations on the common Law rights of a Landlord with the object of regulating the recovery of and restraining summary eviction from occupied premises.
At common law, the landlord on the effluxion of time or expiration of a valid notice to quit, may proceed to court for possession. However, the Recovery of Premises Law requires an additional 7 days’ notice of owner’s intention to apply to court to recover possession to be given to the tenant. The landlord can only take out a Writ after the expiration of the 7 days. The tenant therefore becomes a statutory tenant and cannot be evicted by force, but by a lawful court order.
In Ihenacho V. Uzochukwu (1997) 1 SCNJ 117 at 284, it was made clear that a landlord can be sued and made to pay damages for unlawful eviction. In that case, the Supreme Court held that resort to self-help by the Landlord to evict a tenant who is in lawful occupation is not within the purview of the provisions of the recovery of Premises Law and that such a landlord renders himself liable to the tenant in trespass. It should be noted however, that at common law, the tenant does not have that right; he is treated as a tenant at sufferance or a trespasser.
Indeed The Recovery of Premises Laws have been enacted in various States principally to provide for procedures a landlord must adopt to recover possession. Although such procedures are primarily aimed to protect the interest of the tenant against that of the landlord, as was observed by Coussey J.C.A in the case of Okedare v. Hamid (1955) that, “the main objective of the Recovery of Premises Law was to place limitations on the common rights of a landlord with the object of regulating the recovery of, and restraining summary eviction from occupied premises.”
There is however no doubt that such laws in the long run, serve a good purpose and is a means to put to an end the barbaric rancour that often ensued between a landlord and his tenants. It presents a more civilised way of handing eviction matters and negative consequences for the landlord who fails to play by the book or resorts to ‘unorthodox’ means.
For unlawful eviction, the landlord can be sued and made liable for damages. In Ihenacho v. Uzochukwu (1997) supra, the Supreme Court held that resort to self help by the landlord to evict a tenant who is in lawful occupation is not within the purview of the provisions of the Recovery of Premises Law and such a landlord renders himself liable to the tenant in trespass.
The
Right of the Landlord and the law
Also by the same Section 2 of the Recovery of
premises Act Cap 544 of the Laws of the Federation of Nigeria (1990), the
Landlord is a person entitled to immediate reversion of the premises and
includes the attorney or agent of any such Landlord or any person receiving
(whether in his own right or as an attorney or agent) any rent from any person
for the occupation of any accommodation in respect of which he claims a right
to receive same. An owner of a demised property still retains his ownership
even though not in possession. He thereof has the right and power to re-obtain
the possession of his property any time he is in need of it thus it such be
noted that the laws merely seek to ensure that he doesn’t abuse his power. Therefore
termination of tenancy has been one of the most controversial issues over the
years due to their inability to navigate through the arena of these laws. How To Effectively Terminate A Tenancy;
To effectively terminate a tenancy, the landlord must strive to serve on the tenant notices as required by the Recovery of Premises Act and its similar state laws regulating tenancy. It is pertinent to note here that failure to effectively serve the said notices on the tenant can cost the landlord a whole lot as he might just ‘gift’ an ‘erring tenant’ more time to lounge and continue enjoying his stay in his premises free of charge. In a well celebrated case, AP V. OWODUNNI, it took the landlord up to 8 good years to know that he ought to have served the tenant 6 months’ notice to vacate the premises. Instead he was left languishing in the deep waters of litigation for that long period of time over what should have been properly taken care of.
The Notices that the Recovery of Premises Act requires to be served on a tenant are;
i.
Notice to Quit and
ii.
A 7-days’
Notice of Owners Intention to Recover Possession. The former
must be served within a period that it expires on the eve of a tenancy. If the
tenancy of a tenant commenced on 10th of April, 2013, it must be
served to expire on the 9th of April, 2014. It is also necessary to
note that a quarterly tenant shall be served a quarterly notice to quit, a half
yearly tenant, 6 months’ notice to quit while a yearly tenant, 6 months’ notice
to quit.
(N. B, It is highly advised that enough
time be given on the face of the notices in order to ensure that the statutory
periods are well exhausted, one extra day or more added to the statutory period
is acceptable. Failure will result to the invalidation of the entire trial and
renders any order or judgment void upon appeal.) For instance in the Supreme case of AYINKE
STORES LTD VS. ADEBOGUN (2008) 10 NWLR (PT. 1096) at 612, the court re-
echoed their principle in the 1985 case of SULE VS. NIGERIA COTTON BOARD (1985)
2 NWLR (PT 5) PGG 17 on the premise that these statutory notices are condition
precedents and once its failure is proved, the landlord is bound to fail.Notice to Quit (draft and procedure).
This is the very first step to take in any case of recovery of Premises.
A landlord seeking to recover possession of his premises before the expiration of the tenancy (effluxion of time) is obliged to issue a notice to quit to the tenant. (Though there is no known law stating that one cannot proceed to issue the notice to quit even after the expiration of the tenancy).
The notice stipulates a period within which the tenant must quit possession of the premises. The period of notice given will usually depend on the agreement between the parties. In the absence of any agreement, the period of notice will be determined by Statute. For instance, Section 8 of The Recovery of Premises Act. Cap 544 of the Laws of the Federation of Nigeria 1990, provides that in the absence of express agreement to the contrary, the period of notice to be given by either parties shall be as follows:
1. Tenancy at will or weekly tenancy- a week’s notice
2. Monthly tenancy- a month’s notice
3. Quarterly tenancy- a quarter’s notice
4. Yearly tenancy-half a year’s notice
Tenancy exceeding one year is regarded as a yearly tenancy and 6 months notice is sufficient. The nature of tenancy shall in the absence of any evidence to the contrary be determined by reference to the mode of payment and demands for rent.
Under the Tenancy Law of Lagos state, 2011, Section 13 provides thus:
13.-(1) where there is no stipulation as to the notice to be given by either party to determine the tenancy, the following shall apply-
(a) a week’s notice for a tenant at will;
(b) one (1) month’s notice for a monthly tenant;
(c) three (3) months notice for a quarterly tenant;
(d) three (3) months notice for a half-yearly tenant; and
(e) six months notice for a yearly tenant
(2) 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.
(3) 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.
(4) Notice for tenants under subsection (1) (c), (d) and (e) of this Section need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy.
(5) In the case of a tenancy for a fixed term, no notice to quit shall be required once the tenancy has been determined by effluxion of time and where the landlord intends to proceed to Court to recover possession, he shall serve a seven (7) days written notice of his intention to apply to recover possession as in Form TL5 in the Schedule to this Law.
The notice to quit must be issued by the landlord himself or by an authorized agent or Solicitor. Such agent or Solicitor must be authorized in writing. The following may be regarded as essentials of a valid notice to quit:
1. The name of the landlord or his agent
2. The name of the tenant
3. The nature of the tenancy (which is the determinant of the duration of the notice)
4. The date the tenant should quit and deliver up possession. This may be an exact date or some ascertainable date from the date of service of the notice. It should be noted that it is the date of service and not the date on the notice that is material. Thus, the statutory length of the notice must be complete between service and the expected date of expiry. Also, where the situation requires a month’s notice, it must be one calendar month. This brings me to the ploy of some landlords who back date quit notices and serve them on their tenants. This is a fraudulent act and totally unacceptable. It is a good thing that the procedure followed in recovery of premises cases is the date of service of the notice and not the date on the notice. Hence, tenants who are given back dated notices should lay emphasis on this in court. But this is also not to encourage tenants to lie about the date on which they were served the notices in court as this would amount to the crime of perjury and it is punishable.
Can the duration of notice to quit be varied?
Absolutely, yes it can be varied keeping in mind that parties to a tenancy agreement can vary this in their agreement by stating a completely different period of time to serve a notice to quit. This can even be one day. Also, states have their own different tenancy law regimes with unique provisions.
When there is no agreement creating the relationship and as well as the duration of the notice to quit?
In this instance, it is advised that the landlord or his agent approaches the tenant and reached a fresh agreement as to how long he will allow the tenant to stay and return possession by packing out. (The important fact here is to ensure that tenant signed an agreement which by so doing he mutually without even understanding what he is doing reduces his statutory allowed period). Any style is allowed
Draft of a Notice to Quit
The landlord or his agent, attorney / solicitor while drafting the notice to quit may write using his personal letter headed paper or the heading of the court which the property is in its Jurisdiction and has the Jurisdiction to hear the matter. (I normally use the court as it’s in my own opinion easier, when been tender in evidence.)
IN THE MAGISTRATE COURT OF RIVERS STATE OF NIGERIA
IN THE MAGISTRATE
COURT OF PORT HARCOURT MAGISTERIAL DISTRICT
HOLDEN AT PORT HARCOURT.
SUIT NO
PHM/RP/ /2016
BETWEEN
ADI …………………………………………………. LANDLORD
Suing
through his Attorney V. U Uzochukwu Esq
SULE
………………………………………………….. TENANT
NOTICE
TO QUIT
I,
Barr. V. U Uzochukwu as an Attorney to your Landlord Mr. Adi and upon
instruction of your said landlord do hereby issue you notice to quit and
deliver up possession of the 2 bedrooms Flat apartment and its appurtenances
being, lying and situated at No. 10111 Gada Avenue Port Harcourt, Rivers State
which you hold of your tenant as a yearly tenant on or before one month certain
which will expire on 31st of August 2016.
Dated
30 July 1, 2016 …………………….
V. U UZOCHUKWU ESQ
G. O TAMUNO & CO
7 IGBOUKWU STREET
PH, RIVERS STATE
Address
for Service
ON
THE TENANT
SULE No. 2 G.R.A PH RIVERS STATE.
Ensuring that proper service is effected;
The service of the notice to Quit is very important and often a times questions are asked whether it’s a document that requires a personal service?
A notice to quit is an important document in the recovery of premises as it gives the court the jurisdiction and power to even look at the matter. In other words, non proper service or non-service denies the court of Jurisdiction. Thus it’s best to carry-out personal service on the tenants and the landlord or his agent/ Attorney/ solicitor must ensure that the tenant receives the notice himself. Though substituted service is still allowed where and when the tenant locked up the premises and is nowhere to be found.
(Proper to carry out this task by yourself than through an un-trusted third party).
Notice Of Owner’s Intention To Recover Possession (draft and
procedure).
After the service of the notice to quit and the number of
the days or months round out, the tenant
is then served a 7-days’ Notice of Owner’s Intention to Recover Premises before
the landlord can initiate legal proceedings in court to evict the tenant. This
is notice is also known as 7 days notice. On the expiration of the notice to
quit or the determination of the interest of the tenant, if the tenant or any
person actually in possession of the premises or any part thereof neglects or
refuses to quit and deliver up possession of the premises or any part thereof,
the landlord or his agent may cause the written notice of the owner’s intention
to proceed to recover possession to be served on the tenant. The date must not
be less than 7 days- Section 13 of the Rent control and Recovery of Residential
Premises Law. In calculating the 7 days, it must be 7 clear days; the day of
service must be excluded but the day of expiry must be included. It is worthy
of note to know that the notice of owner’s intention to recover possession
cannot be issued and served on the tenant before the expiration of the notice
to quit or effluxion of time. Hence, the reference to the landlord as owner
evidences the determination of the tenancy and a cessation of the
landlord-tenant relationship.
The case of Odutola v. Papersack (Nig) Ltd
(2007) All FWLR PT, 350 p. 1214 has tweaked the legal provision on notices to
the advantage of the landlord, necessarily. The Supreme Court held in this case
that where a tenancy has expired and the client continues to hold possession
without paying rent, the only thing the landlord needs to serve him is a 7
days’ Notice of Owner’s Intention to Recover Premises. Non-payment of rent is a
fundamental breach of the tenancy agreement; such tenant does not deserve a
Notice to Quit.
Notice of the owner’s intention to
recover possession differs from a notice to quit in the sense that it is issued
by a landlord who seeks to recover his premises after the expiration of the
duration of the notice to quit. This notice should stipulate a period of 7 days
within which the tenant must quit the premises and deliver possession.
Draft of a Notice of Owners intention to recover
possession.
IN THE MAGISTRATE COURT OF RIVERS STATE OF NIGERIA
IN THE MAGISTRATE
COURT OF PORT HARCOURT MAGISTERIAL DISTRICT
HOLDEN AT PORT HARCOURT.
SUIT NO
PHM/RP/ /2016
BETWEEN
ADI …………………………………………………. LANDLORD
Suing
through his Attorney V. U Uzochukwu Esq
SULE
………………………………………………….. TENANT
NOTICE
OF OWNERS INENTION TO RECOVER POSSESSION
I,
Barr. V. U Uzochukwu as an Attorney to your Landlord Mr. Adi of No; 5 Gada
Avenue PH Rivers State do hereby give you notice, that unless peaceable
possession of the premises known as 2 bedroom with the appurtenances and
conveniences appropriated thereto situated at No, 11 GRA PH which were held of
you as a yearly tenant which was determined by a notice to quit from the said 2
bedroom on the 31 August 2016 and which premises is now held over and detained
from the said 31st of August 2016 be given to Mr. Adi on or before
the expiration of seven clear days from
the service of this notice. I, Barr. V. U Uzochukwu as an Attorney to your Landlord Mr. Adi shall apply o the Chief Magistrate Court of the Port Harcourt Magisterial district for a summons to eject any person there from.
Dated
30 July 1, 2016 …………………….
V. U UZOCHUKWU ESQ
G. O TAMUNO & CO
7 IGBOUKWU STREET
PH, RIVERS STATE
Address
for Service
ON
THE TENANT
SULE
No. 2 G.R.A PH RIVERS STATEOn the expiration of the time stated in the notice of intention to apply to recover possession, if the tenant still fails or refuses to give up possession, the landlord can apply to the appropriate court, one that has jurisdiction in the district the premises is located for a writ or plait against such a tenant.
Except the tenancy expires naturally, a landlord seeking to recover possession of his premises is obliged to follow this procedure. It would be illegal to force or throw out the tenant. Due process must be followed; otherwise the whole process would be useless.
Writ or Plaint against Tenant or Person Refusing To Deliver Up Possession (draft and procedure).
By Section 16(1) of Rent control and Recovery of Residential Premises Law, Vol 7, Laws of Lagos State, 2003, and Section 10 of the Recovery of Premises Act, 1990, on the expiration of the time stated in the notice of intention to apply to recover possession, if the tenant or any person in possession of the premises still fails, refuses or neglects to give up possession, then the landlord or his agent may apply to the appropriate court for the issuance of a Writ or enter a plaint against the tenant or such other person refusing or neglecting to deliver up possession.
The Court or Tribunal to which the landlord may apply for the Writ is one that has jurisdiction in the district or division where the premises is lying and situated. In Jurisdictions like Lagos and Abuja, Magistrates have jurisdiction to sit as Tribunals.
Draft of a Writ or Plaint against Tenant or Person Refusing To Deliver Up Possession.
IN THE MAGISTRATE COURT OF RIVERS STATE OF NIGERIA
IN THE MAGISTRATE
COURT OF PORT HARCOURT MAGISTERIAL DISTRICT
HOLDEN AT PORT HARCOURT.
SUIT NO PHM/RP/
/2016
BETWEEN
ADI …………………………………….…PAINTIFF/ LANDLORD
Suing
through his Attorney V. U Uzochukwu Esq
SULE
……………………………………….. DEFENDANT/ TENANT
CLAIM
The plaintiff is entitled to the
possession of a 2 bedroom with its appurtenances and convenience appropriated
thereto situated at No; 11 GRA PH, RIVERS STATE in Port Harcourt Magisterial
District which was let to the defendant under a yearly tenancy which said
tenancy was determined on the 31st August 2016 by a notice to quit
given by the plaintiff through his attorney and also on the 2nd of September
2016 the plaintiff also through his attorney served on the defendant his intention
to recover possession of the said premises by serving same on the defendant and
notwithstanding the said notices, the defendant still refused, neglected or
failed to deliver possession and still detains same.
WHEREFORE
the plaintiff claims from the Defendant as follow;
1. Immediate possession of the TWO (2) bedroom Flat with
its appurtenances and conveniences appropriated thereto known as TWO (2)
bedroom situated at No; 11 GRA PH, RIVERS STATE.
2. COST of arrears from the 1st August of 2016
till possession is recovered.
Dated 30 July 1,
2016
…………………….
V. U UZOCHUKWU ESQ
G. O TAMUNO & CO
7 IGBOUKWU STREET
PH, RIVERS STATE
Address for Service
ON THE PLAINTIFF/
LANDLORD
C/O HIS COUNSEL
ON THE DEFENDANT/ TENANT
MR. SULE, No. 2 G.R.A PH RIVERS STATE
Service of any notice under the Rent control and Recovery of Residential Premises law is to be effected according to the rules operating in the Magistrate Court. That is, personal service, but where personal service is not possible, a copy of the process shall be pasted on some conspicuous part of the premises sought to be recovered and such pasting shall be deemed good service on the Defendant. It is however advisable to seek leave of court when the Writ is to be served through substituted means.
It is important to note here that where a tenant carried out improvements on the premises with the written consent of the landlord and such improvements have not been exhausted before the landlord terminates the term of the tenancy, the tenant is entitled to counter claim for unexpired value of such improvements.
Except the tenancy expires naturally, a landlord seeking to recover possession of his premises is obliged to follow the procedure discussed above. He cannot force or throw out the tenant. Due process must be followed otherwise the whole exercise will be a nullity.
Abandoned Premises
After all said on the procedure to be followed by a landlord to evict his tenant, what if the landlord follows the procedure but the tenant decides to lock up and leave the premises without notifying the landlord of his exit and his whereabouts, thereby leaving the landlord with no one to serve the notices on and no one to give up possession?
It is apparent to note that giving up lawful possession under the recovery of premises Act and Laws means giving up vacant possession. That is, the premises must be left opened with no property of the tenant in it. But in a case where a tenant locks up the premises/property and also made himself unavailable or unreachable, the landlord cannot resort to self-help by force opening the premises without the order of Court as there is a presumption that the tenants belongings are still in the premises.
To my mind, the
above scenario, situation or presumption does not expel the fact that some
hostile tenants do this to punish or delay their landlords by unnecessarily
holding on to their properties. Be that as it may, this situation has been
properly put under check in Lagos State. Under the Tenancy Law of Lagos State,
2011, such premises are referred to as abandoned premises. Hence Section 15 of
the said law provides for the procedure by which such properties may be
recovered by their owners:
15-(1) A premises will be deemed to be abandoned where the-
(a) tenancy has expired ;and
(b) tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises.
(2) Following subsection (1) above, the landlord shall-
(a) issue a seven (7) days notice of the landlord’s intention to recover possession as prescribed in Form TLA, which shall be served by pasting the notice on the abandoned premises; and
(b) apply to the Court for an order for possession and an order to force open the premises.
15-(1) A premises will be deemed to be abandoned where the-
(a) tenancy has expired ;and
(b) tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises.
(2) Following subsection (1) above, the landlord shall-
(a) issue a seven (7) days notice of the landlord’s intention to recover possession as prescribed in Form TLA, which shall be served by pasting the notice on the abandoned premises; and
(b) apply to the Court for an order for possession and an order to force open the premises.
From the above, it is apparent that in Lagos State or in other states, when a tenancy has expired and the tenant has refused to give up possession and perhaps like in the scenario painted above, his whereabouts is unknown to the landlord, such premises is deemed abandoned, and once the conditions and procedures of Section 15 enunciated above have been met an order for possession and an order to force open the premises will be issued by the court.
Finally, this is a welcome development as it saves Landlords the stress of having to serve a lengthy Notice to Quit to an erring tenant. This development is part of what has moved many to ask for there to be options of monthly tenancies in Nigeria’s major cities rather than the draconian yearly or two year tenancies forced on people.
-Barr. Victor. U Uzochukwu is Legal Practitioner with G. O TAMUNO & CO, single and based in Port-Harcourt, Rivers State. He is also a professional researcher and often carry out legal research for Top legal practitioners, firms and corporate bodies.
In respect of a business premises in VI Lagos, the law applicable is the Lagos State Tenancy Law 2011 which stipulate the working and rights of the landlord and occupants while upon enforcement, it is the provisions of the Lagos State Magistrate Court Law of 2009 though with due consideration of the above 2011 tenancy law.
ReplyDeletenice piece
ReplyDeleteThank you Akor
DeleteHello,
ReplyDeleteSo after a tenant has received a NOTICE OF OWNERS INTENTION TO RECOVER POSSESSION, what is his next legal step considering that he still wishes to renew tenancy and maintain a cordial relationship with the Landlord.
Thanks.
Pack your load and go. Is it by force?
DeleteDear Cynthia, I believe that our discussion had been of help to you... Landlords are always eager to allow renewal of rent if the tenant had keep a healthy relationship with him...
ReplyDeleteOn a lighter note, Nigerian economy would be of a more help in changing his mind.
A letter address to his lawyer asking passionatly for renewal is more preferable.
Hope to hear from you soon.
Victor Esq.
Good evening sir,in case of one year certain and tenant vacant willingly without dropping keys to managing agent,and unfortunately the agent sees another person in occupation with the instruction from the previous tenant on the guise that since he decided to vacate by defluxion of time that he is entitled to extra 3 months from the landlord, therefore the current person is enjoying his would have been extra 3 months
ReplyDeleteNow does asking the person to remove every other thing in the house and drop the key gone against the law of the land?
Mr. Eze, first of all I sincerely apologize to you for replying late due to the lost of my gadget. The fact is...is the instruction written?
DeleteNow this is what you do!!! And its personal.... You can chose the short way or the longer one...now the longer one is that the new person is a squatter period....nothing more ...nothing less...and is equalled to a tenant at will of which you follow the process of serving him 7 days Notice of Owners intention and afterwards go to court to evict him or the shorter way...which is write a petition to the closest police station against the new person or if you don't know his name...just say unknown individuals been suspected to have sold your property ...thereby asking the force to carryout strict investigation... Remember you must only ask the police to investigate suspected sale and not to eject...which would have being the court...by doing this ...a reasonable tenant will pick race and run through the back door....
Lol....
With Regards
Victor Esq.
nice work i enjoyed it
ReplyDeleteAm glad you did Oluomo
DeleteThanks for the article, it was truly helpful. However I have some questions:
ReplyDelete1. How many days interval should one give before issuing the subsequent notices after the notice to quit?
2. How come the address of the tenant is different from the address where he was served?
Mr. Obinna, my apology for replying this late...
ReplyDeleteMy answer to question 1 is that there is no known interval between notices...all you need is to allow the first to end then you serve him the other one....like you wait for the first 7days to expire then you draft and serve him the remaining 7 days notice of recovery ...remember its preferable to serve through the court.
To your question 2 ...the address is of service is always your landlord's house where the tenant is living ... The above precedent was an error on that part...accept my warmest regards for pointing that out...shows you really read it through.
Your friend
Victor Esq.
Thank you so much really helpful.
ReplyDeleteNoted on the 7 days notice that it was dated 30 July 2016 whereas the notice to quit expired on the 31 August 2016.
What was your intention?
Dear Uju, am very glad you read the article. Please its an error. You aid me to back date the said 30th to 23rd, now you are a coauthor... Winks*
DeleteWow! After reading your very informative write-up I'm just feeling like a mini lawyer😀😀😁😂. Very good job you did. However I just have a question and I'll be very practical with it so your answer can as well be straightforward.
ReplyDeleteI'm occupying a property here in Port Harcourt and I pay yearly rent. There's no tenancy agreement anywhere, just the receipt that shows I pay yearly. My rent expired two months ago and I've not yet renewed. My landlord, for reason best known to him, wants to evict me.
Q1. Should he serve me quit notice or a 7days notice to recover possession?
Q2. If he was to serve a quit notice, whats the legal duration of the notice?
Thanks in anticipation.
Mike Arabomen
(mini lawyer) lol.
Dear Mike, its good to know my little piece has gone a long way to assist you. Pleased note that in the absence of a written document the implied terms of a tenancy relationship comes into force. This nevertheless include a duty that rents must be paid and of course as of when due. When due in your case can be inferred from the date of your payment which is stated in your receipt.
DeleteNow in respect of your questions, you stated that your rent expired two months ago and you never mentioned that he had issued you a notice anytime... Particularly during the pendency of your rent....that's smartness on your landlord's part...because if he had done that you invariably will be legally entitled to 6 whole months duration of a quit notice. Take note that by his none service he has allow you to enjoy your rent and had it expired therefore putting you in a position wherein you are no longer his tenant but a squatter. And under the law, a squatter is only entitled to owners intention of 7 days notice. In other words your landlord owns you a service of a 7 days notice only.
I believe this also covers your second question.
In advice, I suggest you employ gentleman tactics, approach your landlord and ask for sometime to move or make further rents.
God's speed
GOOD DAY SIR, DOES THIS MEAN THAT, WHEN THERE IS NO DOCUMENT SIGNED BY BOTH LANDLORD AND TENANT, HENCE, A ONE YEAR RENT WITH RECEIPT WAS ISSUED TO THE TENANT SHOWING THE PERIOD COVERED. AND NO QUIT NOTICE WAS ISSUED IN DURING THE TENANCY. AND WITH THE TENANT NOW IN ARREARS OF ABOUT 3 MONTHS (RENT EXPIRED).
DeleteMY QUESTION IS... IS IT LEGAL FOR THE LANDLORD TO SKIP THE QUIT NOTICE AND SERVE THE NOW PERCHING TENANT WITH A SEVEN 7 DAYS OWNERS INTENTION TO RECOVER PROPERTY. WILL IT BE HELD AGAINST THE LANDLORD IN COURT. AND WILL THE ARREARS STILL BE RECOVERED?
KINDLY ASSIST
Hello my reader, your question is a very vocal point that confuse a lot of persons and lawyers alike and on this i will justify my answer with the words of the Supreme court of Nigeria "from the moment a year's rent becomes due and payable by the Defendant (Tenant)but remained unpaid, the yearly tenancy, if any, created by the conduct of the parties (conduct means there is NO WRITTEN AGREEMENT as in your case) thereto comes to an end by effluxion of time and the Respondent thereby became a tenant at will of the 1st Appellant (Landlord) by continuing in possession of the property" ODUTOLA V. PAPERSACK NIG. LTD (2006) 18 NWLR (PT 1012) 470 SC.
DeleteI believed i have answered your first question, he doesn't need any written agreement, conduct can be seen as receipt was issued with dates which shows duration or the kind of tenancy. and the issue of 3 months arrears would not stop him. and he can serve you with only that notice since you are already in default of rent. all that is required is one hour outside the expiring date even less. and yes he can recover arrears
7days notice to recover possession
ReplyDeleteGood evening sir.Incase of tenancy for one year certain and after serving the tenant wit d 7 days notice of owner's intention to apply to court to recover possession for effluxion of time and the tenant is still in possession in drafting the writ against the tenant is there any particular approach or method to adopte? And is it necessary to mention and attache the tenancy agreement on the claimant statement on oath? Thank Angela
ReplyDeleteDear Angela, I must apologize for this late response. Its due to my official engagements. I read your comment but please had the tenancy expired before you started serving notices? Is it only owners intention that you served on him? Because you can only serve that on him where the tenant's rent has already expired. Where his rent is still pending he's entitled to his quit notice which may depend on the time agreed on within the tenancy agreement or the statutory time where there is none which is 6 months.
DeleteNow by your question, I think you shouldn't worry that the tenant is still in possession, just proceed with filing the matter in court. He will run but at that time paying my money or having his properties seized. I have done that severally.
In drafting the particulars of claim which is used at the magistrate court (not writ which is for High Courts) you don't need to attach it (the agreement) documents are attached to oaths. Likes depositions of witnesses ...the magistrate courts are courts of summary jurisdiction... Very simple court. Just take a look at my sample. Then it is when you or the landlord enters the witness box that he will explain to the magistrate how tenancy with the tenancy was ran. He will tender the agreement and any other document he so desires among others.
I hope this will aid you well.
You can also reach my through my contact 07062207676
Good evening sir.Incase of tenancy for one year certain and after serving the tenant wit d 7 days notice of owner's intention to apply to court to recover possession for effluxion of time and the tenant is still in possession in drafting the writ against the tenant is there any particular approach or method to adopte? And is it necessary to mention and attache the tenancy agreement on the claimant statement on oath? Thank Angela
ReplyDeleteGod bless you counsel. This piece is very insightful and will be of great help to young lawyers like me. I base in PH and happily married. Hope to meet you one day.
ReplyDeleteLol....Dear faith, it will be my pleasure and I do look forward to that....I suggest a lunch at the NBA house *wink*
DeleteNice piece Counsel. Coincidentally, i have an issue at hand that relates to this. There's a tenant of mine whose Tenancy elapsed August 2017.He has neither renewed nor vacated. He stylishly abandoned the apartment leaving behind some of his properties. can you avail me with authorities on order to force open? Thank you
ReplyDeleteDear Nicholas, unfortunately there is no law on the form of strategy you intent to take on your tenant. In fact it is a self help...and unlawful...please be careful of tenants whose tactics are to make trouble. A tenant remains a tenant even when he's owing rents. He's property suggest his presence so he doesn't necessarily need to be there himself. To quit a tenant can only be done legally through the law....by an order which only a law court can issue...
DeleteYour tenant can appear from no way upon your forcing open of the premises to allege on you that he left valuables in the premises and can hold you accountable for it....so its risky ...
I know you would feel that approaching the court would be a long process ...but there are other methods of removing an absent tenant from the property ....
For these methods you may have to contact me through my number 07062207676.
You know they said the walls have ears..wink*
nice piece counsel...please i want to ask, is it proper to serve a yearly tenant whose rent will be determined in 3 months time or less a Six Clear Months notice to quit that expires some months after the Tenancy has been determined by effluxion of time?
ReplyDeleteHello dear, thank you for showing interest in my post. However, I think you had two processes merge in one. That is the issue of serving a tenant a quit notice before his rent expires and two the kind of notice to be served where effluxion of time has occurred.
DeletePlease, these are two different things and are distinct.
Where the tenancy of the tenant is still running, the duration of the notice can be referred from the number of months agreed by parties. Remember parties have the right which is at the very beginning to decide that notice to quit after the tenancy has expired should be 3 months or 2 months or even one month or less and that supersede the law. But if there is no such agreement ...then know that you own the tenant 6 clear months of quit notice under the law...take note that any mistake on this by way of reducing it would work against you and may even give the tenant more time to enjoy in your property without payment of rent.
Here is where effluxion of time comes in handy ....in this case you don't need to serve any process on the tenant ...just give him a blind eye and wait till his rent expires... Then jump on him like a kite with just a 7 days notice of owners intention.
I think it's the best for you.
You can always get to me on my contact line 07062207676
Hello A good day to you.
ReplyDeleteMr A used to be my staff. Instead of leaving the company's apartment, car, laptop and others, he locked them up and abandoned the premises...
Since am the real tenant and mr A is a sub tenant without any tenancy agreement with me. How then will a recover premises?
Dear Vivian, i believe my discussion with you have help to address the issue. However still take note that there is a creation of service tenancy by the company and staff relationship. in this instance, the company becomes the landlord and has the full power of a landlord under the tenancy laws to sue the staff who also is now a tenant.
ReplyDelete7 days notice of owners intention is enough for the staff/ tenant.
i wish you the best.
Victor Esq.
Hello,
ReplyDeletePlease can I get a sample of TL5, 7days notice for tenancy that expires by effluxion of time
Dear friend, of course you can ...let me have your email address ..
ReplyDeleteYou can also contact me through my mobile number 07062207676
DeleteMust the 7 days Notice always have the court heading? Can it have the Letter head of the Agent of the Landlord?
ReplyDeleteDear Key,
DeleteThanks for your question. the notice mustn't be on a court headed paper. it can always be on an agent's letter headed paper but here's the implications. fundamentally take note that if a notice in a tenancy matter is not properly served on a tenant, any action you took to evict such person is null and void even at the court. that means you are allowing the tenant enjoy months or years free in your property.
Now, service of a notice on a tenant is far more important than the notice itself. the reason i encourage using the court heading....is that the process would be served through the court and by the court bailiff. this officer of court has the power of the court to pest the letter on the door of the building if he has attempted severally and failed to see the tenant unlike your personal letter on your own personal or agent letter headed paper which you must hand over to the tenant himself....you dont have the power to pest if he's not see...you know tenants can avoid landlord and some would even refuse to acknowledge letters...so you may serve on him but with no proof as to that service.
i believe you appreciate my point. would save you more time
Good day sir, i went through your write up and was impressed. my question is that came a quit notice be backdated to when the rent was due for payment?
ReplyDeleteHello Solomon,
DeleteThere is no need for you to do so. a court is more annoyed with a tenant who knows his rent is due and refuses to renew or vacate same. but to enjoy this you must be in the light of equity....no bending or adjusting.....
its even good his rent has expired and you haven't issued him with any notice....
you dont need to give him QUIT NOTICE. he is not entitled to it in law. it is only allowed when his rent is still running and you want to take your property back from him. the period under the quit notice is to allow him time to vacate because its not his fault but the landlord who wants him to leave. but where it is him...the tenant that failed ...that is by not paying rent.....you..the landlord is only permitted to issue 7 days of Onwers Intention to recover possession.
dear Solomon, dont back date. just give him at least 10 days onwers intention and after that go to court.
God's speed
Good day Sir
ReplyDeletePlease in service g a tenant with a 7 days notice, if the tenant can't be reached but his children are available, can the notice be handed over to them or dies the service have to be personal?. Thanks
Dear Stella, in a short response...it is personal. giving it to the kids is no way of proving service on their parent. who would come among them to say yes i received it ...when their father would tell the court that he did not receive anything...............hope you do understand this hint.....i suggest you understand that your tenant is avoiding service ....
ReplyDeletethe only option i see here is for you to serve that letter through the court closest to the property.
thank you
I read your blog frequently, and I just thought I’d say keep up the fantastic work! It is one of the most outstanding blogs in my opinion. How to decide the best possible premises for your business
ReplyDeleteDear Fafreed,
Deletei am very happy that you found my blog very interesting.
am honored .....
Allow me say Thank You so much
Good day sir, please I want to know if after giving my tenant 6months notice to quit since he refused to pay rent, can I still claim the rent for the 6 months if eventually we go to court?
ReplyDeletehello Dear, the duration given as a notice can not be redeemed in cash. the only benefit to you as the landlord is to put you in the right path of the law to be entitled to the power of a law court to evict a tenant. Remember a tenant is always entitled to a notice. which is either quit notice where mostly his rent is still running or the 7 days owners intention where the tenant is already in default of payment. but notice is notice and its rent cant be claimed in court.
Deletethanks
With due respect Sir.If the tenancy is still running,and the notice to quit is given to expire at the eve of aniversary of the tenancy.The said notice would have been paid for by the rent covering those period of quit Notice already paid by rent.Even where the tenancy has expired ,the notice to quit is paid for by action in court through arrears of rent claimed.A Landlord is always entitled to compensation for the use and occupation of his property.No law stipulate that period given as Notice to Quit should be rent free.
DeleteI think I want to agree with the fact that there's no place in the Lagos tenancy law that the landlord shouldn't claim rent for the months given as quit notice.
DeleteI stand to be corrected.
gentlemen, your positions are the lacuna in the laws.....same laws did not specifically provide that they should pay for that period of time .....if you take a keen look at the laws....it states that if you intend to quit the tenant you should give him 6 months notice. now this is clearly to a tenant who pays rents and not in default ....remember the law always want to protect the tenant and not the landlord. so the law wants that tenant to have enough time to vacate your premises..... so how can that period the law demanded from you still be paid by the tenant? that's not the intent of the law makers....which can be presumed even though its not written there....remember no court can eject any tenant until you prove you have given him that time.
DeleteI was at magistrate court in Lagos recently and asked a group of lawyers standing at the corridor of the court if am entitled to claim the rent of the six months notice to quit given to my tenant in May 2019 since he refused to pay his rent when it was due since February. the answer was affirmative, meaning that i can claim the arrears and the 6 months notice given. They argued that the notice was just to inform the tenant my intention to repossess my property and that its not written in any law that the tenant should not pay for those months.
ReplyDeleteHello Solomon, still accept my apology for delayed response, always due to my engagements. Now to your question...actually i think there is a mix-up, arrears are different from the stipulated period of a legal notice to quit. they are legally different. Please refer back to my previous answers. i will repeat them in two scenarios. 1. Where a tenant is not owing and his rent have not expired even if it remain an hour...that is the eve of anniversary hasn't pass yet, "and you as the landlord wants to quit him from the property for your own reasons"...the law request that you GIVE him the stipulated period of notice FREE and COMPLETE.....please even though you arent a lawyer you can always access law cases online....would help
ReplyDelete2. Where the tenant is in arrears (that is his rent has expired) on this one the law only request you give him owners intention of 7 days which must be also free and complete....
Dear Solomon, it okay that fellow lawyers advised otherwise but unfortunately i still beg to differ from them...take note that none of them would get you a refund of expenditure spent on a failed tenancy law suit...meaning such a suit must be done smartly. This is the hallmark of my law practice.
Thank you and i truly appreciate you did a research on and questionnaire on issues on my post...cheers....
But sir what about in the case that the tenant is defulting before the owners intention is saverd is he not going to pay the defulting time thanks
DeleteI am owing less than a year rent in arreas and my landlord gave me 7 days quit notice. Is he right?
ReplyDeleteHello, my good friend my apology to you for this delayed response, now in lieu of your question.... yes he is very right. with you saying that he have you "7 days quit notice" and not " 7 days owner's intention to recover possession" shows that he loves you or is not properly advised "yet". with his quit notice now served on you that means you are still entitled to the remaining notice which is owner's intention also of 7 days. I advice you find a way and vacate the premises before he takes more severe action against you or you pay the rent.
DeleteNice write up. Pls I am a lawyer and my has been given notice to quit and case in court but don't have money to pay or pack out, what should I do?
ReplyDeleteHello learned colleague, i feel very bad of the situation and of the fact also that the matter is in court with no money to pay or pack out. i prefer you give me a call. 07062207676
DeleteSome one has been in the property I managed for like two years without any documentation or payment. He is about selling the property and has sublets parts of the house, how can I evict him from my property.
ReplyDeleteJesus Christ!!!, my good friend i think you need a lawyer urgently. there are severally action he can take but the first may be to write to the nearest police station informing them of the suspected actions of the man. cause a police file to be raised and the man brought in to give his statement and explain how he got his power to do all his already done and is about doing. i advice that before you do this you should have the document giving you the right to manage the property from the owners and have same attached to your petition to the police station. with that he can be charged for criminal conversion of monies collected as rents and trespass and you also proceed against him in court for eviction. so its like two cases ...criminal conversion for recovery of rent and eviction suit.
ReplyDeleteplease run as fast as your legs can carry you. you can also contact me through 07062207676
good day sir, please is it valid to issue tenant at will only only 7 days owners intention to recover possession under rivers state tenancy law
ReplyDeleteMy dear friend, yes under the case laws which is of course now established in our courts, in so far the tenancy is at WILL... Only the 7 days suffices ...
DeleteI'm in PH, Rivers State... In case of any issues with such services u can always reach out to me...07062207676
Thanks for this. Please is there any law one can rely on for using court heading?
ReplyDeleteHello reader, there is no such laws but it has frequently been practiced by the lawyers, litigants and accepted by law courts. I would wish more that you understand the implication of it.....notices that are served through courts bailiffs are always better service. So to your question.... No law but has been long part of our practice
DeleteHello sir!
ReplyDeletePlease, can i respond/reply to a 7 days owners intention to recover premises served on me by writing?
If yes! Who do I address the letter to?
Hello reader, yes of course you can always respond to the notice. Send your response to the office address of the lawyer or the attorney/ solicitor named on the notice as the case may be. Use a courier so you can get an evidence of service.
DeletePlease, what will be the fate of a tenant where summons is issued when tenancy has expired and possession delivered? Though , he is in areas for two months. What advice can best be given to the tenant?
ReplyDeleteGreetings dear reader, you mentioned you are already out of the property...does your Landlord knows where you are living .... if he doesn't simply ignore him and withdraw your lawyer ..if he does know where you're living now...then it is necessary you appear and defend the claim against you
DeletePlease, what will be the fate of a tenant where summons is issued when tenancy has expired and possession delivered? Though , he is in areas for two months. What advice can best be given to the tenant? Please, kindly assist.
ReplyDeleteDear reader so sorry I couldn't access the messages until now but that's why I provided my phone number for easy contact. My advice is that the person should try and negotiate his way out of the issue... it's just two months ...but does it mean the landlord knows your new residence ...?
DeleteI have a yearly tenant occupying my 2 bedroom flat in Benin, she broke the law and also fought with the landlady and made a threat to our lives, so I gave her a 3 months notice to Quit as at the time the tenacy was still running. The notice to quit expired on the 9th of March 2021 and her tenancy expired on the 8th of March 2021, now she has refused to pack out and she is no where to be found. Please what should I do?
ReplyDeleteI have a yearly tenant occupying my 2 bedroom flat in Benin, she broke the law and also fought with the landlady and made a threat to our lives, so I gave her a 3 months notice to Quit as at the time the tenacy was still running. The notice to quit expired on the 9th of March 2021 and her tenancy expired on the 8th of March 2021, now she has refused to pack out and she is no where to be found. Please what should I do?
ReplyDeleteI have a yearly tenant occupying my 2 bedroom flat in Benin, she broke the law and also fought with the landlady and made a threat to our lives, so I gave her a 3 months notice to Quit as at the time the tenacy was still running. The notice to quit expired on the 9th of March 2021 and her tenancy expired on the 8th of March 2021, now she has refused to pack out and she is no where to be found. Please what should I do?
ReplyDelete