The New Lagos Tenancy Law: Who Does It Favor Most, The Landlord or the Tenant?

For a law to control rights and commitments under occupancy understandings and the connection between the Landlord and the inhabitant including the methodology for the recuperation of premises and for other associated purposes in Lagos State.

The Lagos State House of Assembly orders as takes after:

General Application

1. Use of Law

2. (1) This Law will apply to all premises inside Lagos State, including business and private premises except if generally determined

(2) This Law will not make a difference to:

(a) private premises claimed or worked by an instructive organization for its staff and understudies;

(b) private premises accommodated crisis protect;

(c ) Residential premises

(I) in a care or hospice office;

(ii) in an open or private clinic or an emotional well-being office; and

(d) that is made accessible over the span of giving rehabilitative or remedial treatment.

2. Ward of the Courts

(1) A Court will have purview on application made to it by a landowner or inhabitant or any intrigued individual to decide matters in regard of the occupancy of any premises let previously or after the initiation of this Law.

(2) The purview of a Court will not be removed by the litigant or respondent setting up the title of some other gathering.

(3) Proceedings might be brought under this Law at the High Court or at the Magistrates Court in the division or the Magisterial District in which the topic offering ascend to the procedures is found.

(4) Subject to the arrangement of this Law, a Court will be bound by the training and technique in common issues in the Magistrates Court or the High Court of Lagos State.

3. Tenure Agreement

For the reasons for this Law, a tenure understanding will be esteemed to exist where premises are conceded by the landowner to a man for esteem regardless of whether it is

(an) express or suggested;

(b) oral or in composing or halfway oral or incompletely composed; or

(c) for a settled period.

4. Propel Rent

(1) It will be unlawful for a landowner or his operator to request or get from a sitting occupant lease more than three (3) months in regard of any premises.

(2) It will be unlawful for a sitting occupant to offer or pay lease more than three (3) months in regard of any premises.

(3) Any individual who gets or pay lease in overabundance of what is recommended in this segment will be liable of an offense and will be obligated to a fine of one hundred thousand naira (N100,000.00) or to three (3) months detainment or some other non-custodial attitude.

5. Lease installment receipt

(1) As from the beginning of this Law, all landowners of premises endless supply of lease by the inhabitants, be obliged to issue a lease installment receipt to their occupants in regard of such installments.

(2) The receipt will express the

(a) Date of which lease was gotten;

(b) Name of the proprietor and the occupant;

(c) Location of premises in regard of which the lease is paid

(d) Amount of lease paid; and

(e) Period to which the installment relates.

(4) Any landowner who neglects to issue a lease installment receipt to his inhabitant as endorsed under this Section, will be at risk to a fine of ten thousand Naira (N10,000.00) payable to the Court.

RIGHTS AND OBLICATIONS OF LANDLORD AND TENANT

6. Privileges of the gatherings

(1) The occupants privilege to tranquil and serene satisfaction incorporates the privilege to:

(a) sensible protection;

(b) opportunity from outlandish aggravation;

(c) Exclusive ownership of the premises, subject to the landowners limited right of examination and

(d) the utilization of normal regions for sensible and legal purposes.

(2) Where an inhabitant with the past assent in composing of the landowner, impacts enhancements on the premises and the proprietor decides the tenure, such an occupancy will be qualified for assert remuneration for the impact changes on stopping the premises.

6. Commitments of the Tenant

Subject to any arrangement actually in the assention between the gatherings, the occupant will be obliged to do the accompanying:

(1) Pay the rents at the circumstances and in the way expressed.

(2) Pay all current and future rates and charges not appropriate to the landowner by law.

(3) Keep the premises in great and inhabitable repair, sensible wear and tear excepted.

(4) Permit the landowner and his specialists amid the tenure at all sensible hours in the day time by composed notice, to see the state of the premises and to impact repairs in important parts of the building.

(5) Not to make any changes or increases to the premises without the composed assent of the landowner.

(6) Not to relegate or sublet any piece of the premises without the composed assent of the landowner.

(7) Notify the proprietor where basic or generous harm has jumped out at any piece of the premises when practicable.

7. Commitments of the Landlord

8. Subject to any arrangement despite what might be expected in the understanding between the gatherings, the proprietor will be obliged to do the accompanying:

(1) Not to bother the occupants calm and serene happiness regarding the premises.

(2) Pay all rates and charges as stipulated by law.

(3) Keep the premises protected against misfortune or harm.

(4) Not to end or confine a typical office or administration for the utilization of the premises.

(5) Not to seize or meddle with the occupants access to his own property.

(6) Effect repairs and keep up the outside and normal parts of the premises.

9. Commitments of landowner with respect to business premises as it were

Subject to any arrangement in actuality in the understanding between the gatherings, a business premises assention will be taken to give that where the proprietor

(a) hinders the entrance of the inhabitant to the premises in any significant way;

(b) makes any move that would considerably modify or hinder the stream of the clients, customers or different people utilizing the inhabitants business premises;

(c) causes or neglects to endeavor sensible endeavors to avert or evacuate any interruption to exchanging or use inside the business premises which results in loss of benefits to the occupant;

(d) neglects to have amend when practicable, any breakdown of plant or gear under his care and support which results in loss of benefits to the occupant; or

(e) neglects to keep up or repaint the outside or the normal parts of the building or structures of which the premises is involved and in the wake of being pulled out in composing by the occupant expecting him to redress the issue, does not do as such inside such time as is sensibly practicable, the landowner, is at risk to pay to the inhabitant such sensible pay as will be dictated by the Court, where the occupant impacts the repairs or support.

10. Administration Charge, Facilities and Security Deposits

Regardless where the proprietor or his specialist may notwithstanding rent require the inhabitant or licensee to pay:

(an) a security store to cover harm and repairs to the premises;

(b) for administrations and offices for the premises; or

(c) benefit charges in pads or units that hold basic parts on the premises, the proprietor or his operator will issue a different receipt to the inhabitant for installments got the such occupant will be qualified for a composed record no less than each six (6) months from the landowner of how funds paid were dispensed.

11. Arrangement for reentry

Subject to

(an) any arrangement unexpectedly in the understanding between the gatherings; and

(b) the administration of process as per the significant arrangements of the Law, upon the rupture or non-recognition of any of the conditions or agreements in regard of the premises, the proprietor will have the privilege to initiate procedures for a request to reemerge and decide the occupancy.

12. Length of Notice

(1) Where there is no stipulation with regards to the notice to be given by either gathering to decide the occupancy, the accompanying will apply

(an) a weeks see for an inhabitant voluntarily;

(b) one (1) months see for a month to month inhabitant;

(c ) three (3) months see for a quarterly occupant;

(d) three (3) months see for a half-yearly occupant; and

(e) six (6) months see for a yearly occupant.

(2) For the situation of month to month occupant, where he is financially past due of lease for three (3) months, the tenure will be resolved and the Court will make a request for ownership and unpaid debts of endless supply of the unfulfilled obligations by the proprietor.

(3) For the situation of a quarterly or half-yearly occupant, where he is financially past due of lease for six (6) months, the tenure will be resolved and the Court will make a request for ownership and unfulfilled obligations of endless supply of the unpaid debts by the landowner.

(4) Notice of occupants under subsection (1) ( ), (d) and (e) of this Section require not end on the commemoration of the tenure but rather may end on or after the date of lapse of the tenure.

(5) For the situation of a tenure for a settled term, no notice to stop will be required once the occupancy has been controlled by effluxion of time and where the proprietor expects to continue to Court to recoup ownership, he will serve a seven (7) days composed notice of his expectation to apply to recuperate ownership as in Form TL4 in the Schedule of this Law.

(6) The nature of an occupancy will, without any confirmation despite what might be expected, be dictated by reference to the time when the lease is paid or requested.

13. Notice to Licensee

Where a man is a licensee and upon the lapse or withdrawal of his permit, he denies or fails to surrender ownership he will be qualified for administration of a seven (7) days notice of the proprietors goal to apply to recoup ownership as in Form TL4 in the Schedule to this Law.

14. Notice required for relinquished premises

(1) A premises will be considered to be surrendered where the

(an) occupancy has terminated; and

(b) inhabitant has not involved the premises since the occupancy terminated and has not surrendered legitimate ownership of the premises.

(2) Following subsection (1) over, the proprietor will

(an) issue a seven (7) days notice of the proprietors aim to recoup ownership as presc