Land Lord And Tenant Relationship In Nigeria,what You Should Know. - Properties - Nigeria
Property Management and the Property Manager in Nigeria. Tenants. Landlord-Tenant Relationships and the Tenancy Agreement. The Rental. It is observed that for most tenants, signing their tenancy agreement will be This is because many rental agreements between landlords and tenants in Nigeria . definition of the landlord-tenant relationship clearly states the responsibilities. Land Lord And Tenant Relationship In Nigeria,what You Should Know. tenancy and any challenges you are currently having either as a landlord or a tenant.
As a rule, the landlord confers on the tenant the right to exclusive possession for a period which is subject to a definite time limit, as in the cases of a lease for a term of years, or which though indefinite can be made subject to a definite limit by either party as in the case of a tenancy from year to year Mohd, The relationship between tenants and landlords In Nigeria has reached a very significant stage in the modern day society in Nigeria, thus there is a need to know and review the effect of the relationship between the landlord and the tenant on residential properties.
Reviewing this, also, it is important for us to know the position as it exists between tenant and landlord in residential buildings prior to the legal evaluation of tenancy Law in Nigeria. More importantly, it is also desirable for each party to know their right as guaranteed under the various applicable laws on the subject matter.
This will ensure a peaceful co-existence between tenants and landlords in residential buildings. However, this work focuses on the evolution and development of tenancy law in Nigeria, with particular reference to the rent Control and Residential Premises Edict, Law of Anambra State Nigeria The orientation of the course is strongly practical to suit the relationships that co-exist between a tenant and landlord in Nigeria.
It will also examine the various perspective that relates to tenancy such as standard rent payable by the tenants, the rent review clause, option to review clause, rent book distress for rent, profit. Further the course will also examine the compensation available for the use and occupation of the demised premises by the tenant consequent upon the termination of his tenancy.
Landlord and tenant relationship: Recovery of premises
A lease establishes the relationship of landlord and tenant and is both a conveyance of a possessory estate in real property and a contract between the parties. Through the lease, the tenant receives a right to legal possession of the property in exchange for "valuable consideration" i. Most leases specify the duration of the agreement, any terms for extending the agreement and details regarding rent payments.
Because a lease is both a conveyance and a contract, two sets of duties between the landlord and tenant arise: Housing codes were established to ensure that residential rental units were habitable at the time of rental and during the tenancy.
In Ifite, housing violation of these rules may lead to eviction action or to the tenant being allowed to withhold rent in some cases. A breach of the warranty of habitability or a covenant within the lease may cause an eviction or allow the tenant to withhold rent.
So long as these obligations are not met by either party, this could be breach on this relationship that is binding by factors dependent on obligation to be fulfilled by the landlord and the tenant on his property. Drafting of a comprehensive tenancy agreement requires the services of a competent lawyer, who will concisely spell out the duties and responsibilities of both the landlord and the tenant is sometimes ignored by some landlords or not drafted at all.
In the absence of a comprehensive tenancy agreement, conflict and soar relationship between the landlord and the tenant my arise, when one party is not satisfied with the conduct of the other. The resultant derelict state of public housing sadly also incubates high vandalism rates which in turn further contribute to the high maintenance cost of residential properties.
Landlord and tenant relationship: Recovery of premises – Punch Newspapers
British researcher Sheena Wilson asserts that it is often difficult to distinguish intentional forms of damage from wear and tear, indifference, neglect and thoughtlessness in public housing estates.
Vandalism in such neighbourhoods therefore, is part of a spectrum of behaviour which begins with very common forms of carelessness such as dropping litter, and continues through a wide range of rough handling—bumping prams into glass swing doors, taking short cuts through newly planted flower beds, for example—to the stage where damage is deliberate: These are typical features in public housing owing to various factors. From previous research works, it has become clear that non fulfilment of obligations binding on relationships can have a drastic effect.
For there to be a proper conveyance of title or right to occupy in the case of a residential property by a landlord to a tenant, there are obligations binding on both parties that must be met Basorun, On the part of the landlord is the obligation to lease or withhold the property. Rent as a determinant in this relationship can be a constraint due to a survey conducted in by Dele Taiwo Associates an Estate Management firm with offices round Nigeria.
There are challenges posed by these factors. Challenges such as eviction, withholding of a right to legal habitation of the property in exchange for "valuable consideration" i.
This would be a basis for the courts to make an order for possession in favour of the landlord. Where the tenant has indicated their intention to vacate the property, and based on this, the landlord contracts to sell or let the property to another person, or takes such other steps as a result of which he would be seriously prejudiced if he could not obtain possession, the court might grant the order for possession.
For example, if a tenant informs the landlord that he would move out of the property at the end of the current term, the landlord may enter into an agreement with another person to let the property to them when the present tenant leaves. The landlord may also decide to renovate and use the property for another purpose.
Where the landlord is certain to suffer some loss if the tenant does not vacate the property as anticipated, the order for possession may be granted. Property required for purposes of public interest: A public interest is one shared by citizens generally in the affairs of local, state, or national government.
It exists in services which benefit the public directly, like schools and hospitals.
Thus, the landlord must show by evidence what public interest is to be served. Where the landlord requires the property for setting up a business from which the public may benefit, the court will not make an order for possession.
The court may make an order for possession where the tenant or any person residing with them or being their sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers. Or where the tenant has been convicted of using or allowing the premises to be used for an illegal purpose, or that the condition of the premises has deteriorated owing to acts of waste of the tenant or a sub-tenant, and the tenant has not taken necessary steps for the removal of such a person.
Where the landlord can prove that the property is so crowded as to be dangerous to the health of its occupants, and if the overcrowding could have been avoided by the removal of any lodger not being the parent or child of the tenant, the court may make an order for possession. The court on its part will have to consider the reasonableness of removing such lodger. Where the landlord has been served with an abatement notice by a public authority in respect of a dilapidated property constituting health hazards, the landlord must prove that the notice cannot be complied with while the tenant is in possession.
The question to be asked in determining what would constitute repairs is: If it is the whole, it is a renewal, and if it is a portion, it is repair.
Further, if the repairs can be carried out with the tenant in possession, however inconvenient it may be to the tenant, recovery of premises on this ground will fail. This is another commonly-used reason for seeking recovery of premises. Whatever your reasons are for wanting to recover your premises from a tenant, try not to resort to self-help.
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