5 Misconceptions about Tenancy Law in Nigeria | Adedunmade Onibokun

A lot of Nigerians have misconceptions about some of the principles and laws regarding tenancy law. Having received quite a number of emails over some of these areas of tenancy law, this topic will in no small way help shed light on questions regarding tenancy laws and practice which a number of readers might have. Here are five misconceptions about Tenancy Law in Nigeria;


1. Notice to Quit is to be served after rent has expired
The first misconception many tenants have, is that a Notice to Quit should be served after the expiration of the tenancy, thus allowing them appropriate notice to vacate the premises. Most who may have received a Notice to Quit during the term of the tenancy are thus surprised and often wonder if this is the right practice.

The Court in Akpokiniovo v. Air Liquide Nigeria Plc. (2012) LPELR-9582(CA) held that -

“In order to be effective a notice to quit should terminate the tenancy at the end of the current term of the tenancy. Thus any notice given and due to end at the middle of the term of the tenancy will be invalid.”

The above decision in essence means that a Notice to Quit can be served at any time, the only condition stipulated by the law is that the length of notice must terminate at the expiry of the tenancy and not a even day before. Therefore, a Notice to Quit served within the duration of tenancy but stated to expire after the date the tenancy is proper and in line with the provisions of the law.

2. Tenant is not supposed to pay rent during the period within Notice

Another misconception is that a tenant is not meant to pay rent within the period of Notice given to handover possession of the property. This is not true but is generally believed to be true by many. A property owner is entitled to collect rent when due for the occupation of his premises and this right is also recognized by the courts.

3. Landlord can recover possession by self help
Many Landlords or property owners often result to self-help in evicting tenants which is a wrong procedure as a Landlord may be liable to the tenant for payment of damages. Even where a tenancy has come to an end, the landlord is not entitled to go out into the premises and physically throw out the tenant but must give the statutory notice required to the person in possession. Neither can such landlord try to frustrate the tenant out the premises by actions such a removing the roof, disconnecting water and power supply e.t.c.

4. It is the Sheriff’s Department of the High Court that decides tenancy issues.
The Sheriff’s department is not a court of law and therefore cannot adjudicate over legal matters. They are however empowered to carry out and institute court orders.


5. A Notice to Quit can be back dated
Many tenants have often complained of being served a backdated Notice to Quit by their landlords or agents. It should be noted that a Notice to Quit cannot be backdated and it begins to count on the date the tenant was served.

All tenants and landlords must note to always get professional advice from a lawyer as it concerns their tenancy agreements.


Adedunmade Onibokun, Esq.

Principal Partner
Adedunmade Onibokun & Co.
www.adedunmadeonibokun.com
Dunmade’s legal practice focuses on corporate and commercial law, regulatory compliance, due diligence, corporate advice and commercial transactions.

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TENANCY LAW AND NOTICES
https://www./tenancy-law-notices-victor-nwadike
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Common Law:

Essentially, where a tenant holds over at the end of his contractual tenancy; by virtue of an agreement between the tenant and the landlord, under common law, he becomes either a tenant at will or a tenant at sufferance.

A Tenant at Will:

A tenancy at will arises whenever a tenant with the consent of his landlord occupies land as tenant on terms that either party may determine the tenancy at any time. In the context of holding over after the end of a prior tenancy agreement, a tenancy at will could ensue where a tenant for a fixed term whose lease has expired continues in possession of the premises with the landlord’s consent/permission[1].

A Tenant at Sufferance:

A tenancy at sufferance would suffice where a tenant refuses at the expiration of his tenancy to vacate possession and wrongfully, that is, without the consent of the landlord, continues in possession. A tenancy at sufferance arises where a tenant, having valid tenancy, holds over without the landlord's assent or dissent.

Statutory Tenants under the Tenancy Law:

Under Nigerian Law by virtue of various tenancy laws, the law recognises only two classes of tenants.

(i) Contractual tenancy and

(ii) Statutory tenancy.[2]

Contractual Tenant:

A contractual tenancy is based on an agreement between the landlord and tenant. A tenant who enters upon premises by reason of a contract with the landlord is a contractual tenant.[3]

Statutory Tenant:

A Statutory tenant is one who when his contractual tenancy expires, holds over and continues in possession. His status as a statutory tenant is by virtue of various Tenancy Laws which defines a tenant to include all persons in lawful occupation of premises.[4] What this means, essentially, is that under Nigerian Law, the distinction between a tenancy at will or a tenancy at sufferance, for the purposes of defining a tenant who is to be protected by statutory law, is discarded. You are either a contractual tenant or a statutory tenant.

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RECOVERY OF PREMISES: AN ASSESSMENT OF LANDLORD/TENANT LAW IN NIGERIA
http://www.thelawyerschronicle.com/recovery-of-premises-an-assessment-of-landlordtenant-law-in-nigeria/

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Notice to Quit

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. 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 Recovery of Premises Act, Cap 544, LFN (Abuja) 1990, provides that in the absence of express agreement to the contrary, the period of notice to be given by either party shall be as follows:

Tenancy at will or weekly tenancy – a week’s notice
Monthly tenancy- a month’s notice
Quarterly tenancy- a quarter’s notice
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 demand for rents.

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:

The name of the landlord or his agent
The name of the tenant
The nature of the tenancy.
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 and if it is a yearly tenancy, it must be six calendar months and no less.

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