LANDLORDS AND TENANTS FREQUENTLY ASKED QUESTIONS

LANDLORD AND TENANTS FREQUENTLY ASKED QUESTIONS
BY T.K.GONTUL ESQ, S.F MOLWUS ESQ, O.P. OLORUNYOMI ESQ, N, DESHI ESQ, A.F. SALIFU, A.O.B AZI & A.S MUHAMMAD.
The Landlord/Tenant relation is arguably one of the most strained legal relationship under the Nigerian Legal system. This is due to lack of proper understanding between both parties on their rights and duties in a tenancy relationship as required by applicable regulatory laws. The lower courts are replete with tenancy cases created under Common law principles. However, most of these cases would not ordinarily have arisen where both parties have a clear understanding of their positions in the tenancy relationship avoiding unnecessary “palava”. This articles shall address everyday concerns as it relates to the issue of tenancy, particularly contractual tenancy under the English Law applicable in Nigeria. Some questions that need concern about tenancy relationship are discussed below.

WHAT IS A TENANCY AGREEMENT?
A tenancy agreement is a document which contains the terms and agreement between a landlord(the supposed owner of the property) and the tenant(the interested party to the property, of which a consideration fee is paid to the landlord to secure the property for whatever purposes as deem fit in the agreement by both parties. The landlord can appoint an agent via a power of attorney to help lease out the property with the supposed tenant (Dickson & Anor V. Assamudo(2013) LPELR-20416(CA) (PP. 30 PARAS. E)

WHO DRAFTS A TENANCY AGREEMENT?
Supposedly, the landlord and the intending tenant are supposed to have a lawyer to draft the agreement of the terms of tenancy. However, the agreement will still be valid if both parties draft the terms of agreement themselves without involving the expertise of a lawyer. It is advisable that both parties should have the copy of the agreement after such has been drafted and signed by them. Oral agreement by parties is not the best (Maram & Anor V. Bokkos Local Govt Council(2022) LPELR-58274(CA))

WHAT SHOULD A RENT AGREEMENT CONTAIN?
it is very important the rent agreement should contain the following details; the name of parties, where the property is situate and description of same, rent amount, rent duration, rent renewal clause, duties of both parties to the property, tenancy renewal clause, date of agreement and signature of parties. National Salt Company Of Nigeria Ltd V Mrs. M. J. Innis-palmer(1992) NWLR(p.t218)

TYPES OF TENANCY IN NIGERIA
Basically the types of tenancy in Nigeria include the following:
TENANCY AT WILL: Here the landlord allows tenant to use the property for an unknown period of time, sometimes without payment
PERIODIC TENANCY: The landlord leases his property for a period of time with rent being paid and agreement drafted for the property
STATUROY TENANCY: statutory tenant is an occupier who, after his contractual lease expires, retains possession of the property of another person against the wishes of that person, who is adamant about evicting him.

IS RENT PAYMENT RECEIPT NECESSARY?
Yes it is!. Landlords are expected to hand over payment receipts to the tenants on the completion of payment(or as agreed on terms of payment), which means the landlord has agreed to rent out his property. A tenant is advised to ask for payment receipt if not issued any to avoid future problems. Also a landlord is expected to have a rent book if he doesn’t have a receipt to keep such record of payment(or have both, just in case). Else a condonation fee shall be paid by the landlord to the court if no records of payments can be provided by him if a case is filed by him. In some parts of the country, a landlord is not allowed to collect rent for more than two years and above

WHO CARRIES OUT RENTAL REPAIRS?
Both parties are to carry out repairs. The landlord is expected to carry out external repairs, whilst the tenant is expected to carry out minor internal repairs. if the internal repairs is not minor e.g the WC is broken before occupation or the ceiling fan, it is expected that the Landlord should carry out the repairs before entrance by the tenant. if a tenant carries out those repairs without duly informing the landlord, both internal and external(especially external repairs), he may not be entitled to compensation for such repairs in court, unless it was stated in the agreement. Elder Vauerbach(1950) 1 KB 359, 374.

CAN A TENANT ENTERTAIN GUEST(S) IN THE PROPERTY?
Yes!. However, a landlord and tenant can via the tenancy agreement, also agree on what kind of guest to entertain, especially if it is a compound occupied by co-tenants, to help curtail unnecessary noise and disturbance of the enjoyment of property of co-tenants. and also visiting hours of the guest(s).

CAN A LANDLORD ENTER THE TENANTS PROPERTY AT WILL?
The landlord can enter the property at will if there is an emergency or a prior entry notice to the tenant(s) as on the issues of general repairs, or to inspect the property, or when such property has been abandoned by the tenant. However, a landlord cannot just come into the property at will, and the tenant can sue for trespass if such happens without notice. Soleh Boneh V Ayodele(1989) 2 SC (pt 1).

CAN A TENANT SUB-LET THE PROPERTY?
NO!. A tenant cannot and should not sub-let the rental property to a third party. However, with the consent of the landlord, such can be done, else the landlord will have the right to evict both the tenant and subtenant from the property for breach of agreement (Ogugua V. Jimoh(2018) LPELR-46649(CA).

IS A TENANT ENTITLED TO A NOTICE TO-QUIT?
A tenant is entitled to a notice to quit when the rent is due. it is the right of the tenant to be issued a notice to quit. Tenancy at will – 7 days’ notice, Monthly tenancy – 1-month notice, Quarterly tenancy – 3 months’ notice, Half-yearly tenancy – 3 months’ notice, Yearly tenancy – 6 months’ notice to quit( Christopher Amah v. Fidelis Ozouli (E 298 of 2006) [2010] NGCA 20 (20 May 2010). A forceful ejection can result to a court proceedings against the landlord without due notice. And if a tenant refuses to vacate premises after issuance of notice to quit, the landlord should go to court to secure possession, the court will appoint the bailiff to do the needful. Apart from the quit notice, all tenants have the right to a 7-day notice to recover possessions from the landlord. This notice comes after the valid quit notice expires.

CAN RENT BE INCREASED AT WILL?
A landlord can increase rent at will, but this must be in accordance with the rent review clause, and also the lanlord should duly and on time, inform the tenant, to avoid issues and to give time to the tenant to chase hunt other available apartments if the tenant is not conceding to the new rent and not planning to renew the tenancy.

CAN A RENT AGREEMENT BE CHANGED AT WILL?
No, a rent agreement cannot be changed at will by the landlord, unless the tenant is in breach of the agreement. instances where the tenant decides to go contrary to the tenancy agreement which may include: where he is in arrears of rent; is constituting a nuisance; conducting illegal activities in the lease property; has violated a term or condition in the lease agreement; has seriously damaged the rental property; has sublet the demised premises to a 3rd party contrary to the agreement; is interfering with your rights as the landlord or the rights of other tenants; at such, he may change the rent agreement and terminate it.

WHEN IS RENT SAID TO BE DUE?

A rent is said to be due when the tenant has failed to renew the tenancy agreement as of the time stipulated in the agreement by the parties. The tenant is entitled to renew the tenancy agreement as included in the rent review clause, and if he fails to renew the agreement after a notice to quit has been issued and the time runs out, the rent is said to be due (Ejide v. Adode (1959) SCN LR 32). And if a tenant refuses to pack out of the house as when due, the tenant will pay mense profit (payment for the amount of time occupying the property without renewal) to the landlord if he sues for it(Ogugua V. Jimoh(2018) LPELR-46649(CA)

CAN A LANDLORD RENT OUT THE PROPERTY TO PROSPECTIVE TENANT WISHING TO PAY HIGHER THAN THE SUBSISTING TENANT?
NO!. A landlord cannot pursue a subsisting tenant because another is wishing to pay a higher amount than the subsisting tenant, unless such tenancy agreement has lapsed as per the agreement. Although a tenant is entitled to renewal of a tenancy agreement, if the landlord doesn’t want the tenant to stay due to a prospective higher bidder, he must notify the tenant on time and give him time to get a new apartment before he rents out same to another (Adimegwu V. Bala & Anor:(2022) LPELR-57442(CA)).

Thank you for your time reading this lengthy work, questions and comments are highly appreciated and will be addressed accordingly. Feel free to share