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Who Is To Pay Tenement Rate: Landlord Or Tenant? - Properties (3) - Nairaland

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Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Yankee101: 3:51pm On Jan 18, 2020
Landlord of course
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by ajl: 4:01pm On Jan 18, 2020
azpekuliar:
The Tenement rate is a tax on the occupation of property not the ownership of property. You may own a property and not live there, so the responsibility to pay the Tenement Rate then becomes that of the tenant. However, if the property is owner-occupied then the landlord/owner pays the Tenement Rate. The Tenement Rate is a critical source of revenue for Local Governments.

However in Lagos, the State Government usurped the powers of the LGAs to demand and collect Tenement Rates, by promulgating the Land Use Charge through it’s House of Assembly. So the Tenement rate, Ground rent and Neighborhood Improvement Charge were all fused together to become the Land Use Charge (to the chagrin of the LGAs) and landlords became primarily responsible for it’s payment, not tenants.

Now there are so many properties in Lagos that have not yet been enumerated or captured in the LUC database, so they are currently not being assessed yet for LUC payment. Properties in this category are most likely still being assessed for the old Tenement Rate, so tenant(s) or whoever is in occupation is still expected to pay the Tenement Rate into the coffers of their Local Government Area.

What nonsense are you posting. Maybe you own a property with tenants, and that's why you are posting this.

At the Lands Registry, only the name of owner of the property is on record and its that owner that they will send the bill to.

A wise landlord should have included this cost in the rent but it's doesn't have to be that way since it's mainly the responsibility of the owner of the property, whether you reside there or not.

2 Likes

Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by chriscole(f): 4:03pm On Jan 18, 2020
TechSpot:
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by ajl: 4:04pm On Jan 18, 2020
By law if a landlord refuse to pay tenement rate the govt has the right to seize the property to recover the amount. Who will loose here, the landlord or the tenant?

1 Like

Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Nobody: 4:20pm On Jan 18, 2020
landlord
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by adewarley099(m): 4:23pm On Jan 18, 2020
Hmm
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by don4real18(m): 4:25pm On Jan 18, 2020
As a property owner, I can tell you that the lawyer is wrong. Don't sign such. All these charge and bail lawyer that don't know their work

1 Like

Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Perfecttouchade: 4:28pm On Jan 18, 2020
Tenement rate is paid by landlord, if the owner refuses to pay, the house will be locked up until payment is been made....https://www.nairaland.com/5604484/perfect-touch-aluminium-archives-aluminium ...any landlord whose tenants refuses to pay for rent should not pay for the tenement rate so that the house will be locked, if your tenants craze...u sef show sey u madt grin
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by veektoh(m): 4:55pm On Jan 18, 2020
This is a simple question. The landlord is the person that is expected to pay the tenement rate to the local government council or the occupier. The term the occupier may also refer to the landlord where he is also the occupant of the building and has not let or leased same out or sadly, the tenant in occupation
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by TechSpot: 4:56pm On Jan 18, 2020
Venerable612:


This is Wrong sir.

Land Use Charge and Tenement rate are the same.

It’s called Land Use Charge in Lagos State.
It’s called Tenement Rate in most of the other states, if not all.


Both are taxes for lease of the land from the Owner (the Governor) or (Minister in FCT) - and they are TO BE PAID BY THE LANDLORD, not the Tenant.



You're the wrong one...

Land use charges applies to all lands owners with exception of entities or people that are excempted from paying rents e.g. religious lands or lands owned by pensioners while
Tenement rates are paid on land leased to another person.

1 Like

Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Lugasea: 4:57pm On Jan 18, 2020
HMMMM smiley
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by TechSpot: 5:03pm On Jan 18, 2020
chriscole:

@gmail


Copied... You can delete now.

Thanks
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Ghostmode2two(m): 5:04pm On Jan 18, 2020
GBE Body e and jaapa to another property
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by tityboi: 5:08pm On Jan 18, 2020
Tax ke how your only due is rent and damages incurred by you
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by powerkey: 5:17pm On Jan 18, 2020
Femich18:


It should be the landlord. He can pay it though but if he's doesn't want he can go elsewhere then

Honestly, alot of men these days dey fall person hand.
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by aspirebig: 5:22pm On Jan 18, 2020
Is the Landlord's duty but the money is usually small. In some places is like 8k to 12k in a year.

So if your rent is 400k/500k in a 3bedroom flat pa, is it 12k that will be an issue?

All the same,notify the Landlord of this charge. Is the cordial relationship btw landlord and tenant that matters most, not the monetary side, if there is a good bond, the two can remain good family friends for life.
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Bishop(m): 5:56pm On Jan 18, 2020
ShoProperties:
I am Planning of Renting a new house in Lekki but to my best surprise after filling the Tenancy form and all , The lawyer asked me do undertaking that I will be the one to pay any form of tax incurred during my stay in the House Be it tenement rate , Land Use

I told him have never heard of such and he said then I’m not ready to take the house


Please enlighten me who is to Pay

Tenant Or Landlord




You pay Tenament rate while the Landlord pays Land use charge.

I think Tenament rate has been scraped not sure though. Your landlord should not dump responsibility on you. Move on please
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by tete7000(m): 6:54pm On Jan 18, 2020
It becomes yours if you sign an agreement to pay... else I guess it is the landlord
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by eclectic90: 7:16pm On Jan 18, 2020
aspirebig:
Is the Landlord's duty but the money is usually small. In some places is like 8k to 12k in a year.

So if your rent is 400k/500k in a 3bedroom flat pa, is it 12k that will be an issue?

All the same,notify the Landlord of this charge. Is the cordial relationship btw landlord and tenant that matters most, not the monetary side, if there is a good bond, the two can remain good family friends for life.
if it is that cheap, then the landlord must be a greedy person to still ask you to pay for it after paying the rent and all the other monies they try to collect from you. A wise landlord should factor all that into the rent, so when you pay the rent, you don't begin to hear about other sundry levies to pay later. It's really annoying how greedy and wicked most of these landlords, lawyers and house agents try to take advantage of people. Anyways, all these rubbish only happen in Lagos.
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by nnamdiosu(m): 8:14pm On Jan 18, 2020
azpekuliar:
The Tenement rate is a tax on the occupation of property not the ownership of property. You may own a property and not live there, so the responsibility to pay the Tenement Rate then becomes that of the tenant. However, if the property is owner-occupied then the landlord/owner pays the Tenement Rate. The Tenement Rate is a critical source of revenue for Local Governments.

However in Lagos, the State Government usurped the powers of the LGAs to demand and collect Tenement Rates, by promulgating the Land Use Charge through it’s House of Assembly. So the Tenement rate, Ground rent and Neighborhood Improvement Charge were all fused together to become the Land Use Charge (to the chagrin of the LGAs) and landlords became primarily responsible for it’s payment, not tenants.

Now there are so many properties in Lagos that have not yet been enumerated or captured in the LUC database, so they are currently not being assessed yet for LUC payment. Properties in this category are most likely still being assessed for the old Tenement Rate, so tenant(s) or whoever is in occupation is still expected to pay the Tenement Rate into the coffers of their Local Government Area.

Very informative and articulate. Thanks for the info sir
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by allthingsgood: 10:17pm On Jan 18, 2020
magicminister:


Lol! It’s a sellers market buddy!

The market in Lagos is over saturated I literally have my agent turning down applications if our requirements are not met to the very last letter

Till the take u to court and putbubin witness box before your brain readjust abi
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by petuniaevents(f): 11:03pm On Jan 18, 2020
Landlord oo

Rent party chairs/canopies/tents/events props/marquee
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Venerable612(m): 11:28pm On Jan 18, 2020
TechSpot:




You're the wrong one...

Land use charges applies to all lands owners with exception of entities or people that are excempted from paying rents e.g. religious lands or lands owned by pensioners while
Tenement rates are paid on land leased to another person.

I really don’t like to argue online.

I am a qualified lawyer in Nigeria, so my comments are informed. I have copied the excerpt of a recent FCT decision below.

“Court's decision

After due consideration of the provisions of Paragraphs 1 (j) and 7 (1) (j) of the 4th Schedule of the CFRN, the court held that the Area Councils have the power to levy and collect tenement rates that have been fixed by an Act of the National Assembly (not by the Bye-Laws of the Area Councils). The Court found that Area Councils cannot by themselves or by their Bye-Laws, fix the tenement rates as their power is limited to assessment and collection of tenements under an Act of the National Assembly which would have already fixed the applicable rates.”


TENEMENT RATES/LAND USE CHARGE are prescribed by Legislations. They can only be charged and collected by the State pursuant to a legislation. Lagos has a Land Use Charge Law of Lagos.

No one computes any tenement rates from your lease. If you have been doing that - go and instruct your lawyer - you have been cheated!

1 Like

Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by jaxxy(m): 6:36am On Jan 19, 2020
ShoProperties:
I am Planning of Renting a new house in Lekki but to my best surprise after filling the Tenancy form and all , The lawyer asked me do undertaking that I will be the one to pay any form of tax incurred during my stay in the House Be it tenement rate , Land Use

I told him have never heard of such and he said then I’m not ready to take the house


Please enlighten me who is to Pay

Tenant Or Landlord




It’s the landlord by law and default. However u can ask or inquire about those taxes and see if the rent has been reduced to accommodate that since they insist u pay any necessary taxes on the property Ure only renting which is not normal.
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by agarawu23(m): 8:53am On Jan 19, 2020
ShoProperties:
I am Planning of Renting a new house in Lekki but to my best surprise after filling the Tenancy form and all , The lawyer asked me do undertaking that I will be the one to pay any form of tax incurred during my stay in the House Be it tenement rate , Land Use

I told him have never heard of such and he said then I’m not ready to take the house


Please enlighten me who is to Pay

Tenant Or Landlord


you are advertising a cheap land of 200k in lekki and you are still planning to rent house in lekki? What message are u passing to potential and aiming buyers? You don't want to be a landlord even tho na 1room?

Buy a bag of 5# and have 100# inside. Don't buy a bag of 100# and have 5# inside.
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by deor03(m): 9:56am On Jan 19, 2020
ShoProperties:
I am Planning of Renting a new house in Lekki but to my best surprise after filling the Tenancy form and all , The lawyer asked me do undertaking that I will be the one to pay any form of tax incurred during my stay in the House Be it tenement rate , Land Use

I told him have never heard of such and he said then I’m not ready to take the house


Please enlighten me who is to Pay

Tenant Or Landlord



Whoever is occupying the apartment.
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Ghokes(m): 1:09pm On Jan 19, 2020
azpekuliar:
The Tenement rate is a tax on the occupation of property not the ownership of property. You may own a property and not live there, so the responsibility to pay the Tenement Rate then becomes that of the tenant. However, if the property is owner-occupied then the landlord/owner pays the Tenement Rate. The Tenement Rate is a critical source of revenue for Local Governments.

However in Lagos, the State Government usurped the powers of the LGAs to demand and collect Tenement Rates, by promulgating the Land Use Charge through it’s House of Assembly. So the Tenement rate, Ground rent and Neighborhood Improvement Charge were all fused together to become the Land Use Charge (to the chagrin of the LGAs) and landlords became primarily responsible for it’s payment, not tenants. In other words, the LUC became a tax on the ownership of property.

Now there are so many properties in Lagos that have not yet been enumerated or captured in the LUC database, so they are currently not being assessed yet for LUC payment. Properties in this category are most likely still being assessed for the old Tenement Rate, so tenant(s) or whoever is in occupation is still expected to pay the Tenement Rate into the coffers of their Local Government Area.



Thank you for this apt article.
In terms of value of our currency I mean the Naira, how much is tenement and how much is the land use charge?
Re: Who Is To Pay Tenement Rate: Landlord Or Tenant? by Tee23(m): 4:38pm On Jan 19, 2020
OVIHINNO:
who told u that? Better be careful oooo
It’s the occupier of the property that pays Tenement rate, while land use charge is paid by the Landlord.

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