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

For a legislation to regulate rights and obligations below tenancy agreements and the marriage involving the Landlord and the tenant which includes the treatment for the restoration of premises and for other related functions in Lagos State.

The Lagos Condition Home of Assembly enacts as follows:

Basic Software
1. Application of Regulation
2. (1) This Law shall use to all premises in just Lagos Point out, which includes business enterprise and residential premises except if otherwise specified
(2) This Regulation shall not use to:
(a) residential premises owned or operated by an educational institution for its personnel and pupils
(b) household premises offered for crisis shelter
(c ) Household premises
(i) in a care or hospice facility
(ii) in a general public or private medical center or a mental well being facility and
(d) that is produced out there in the study course of delivering rehabilitative or therapeutic remedy.

2. Jurisdiction of the Courts
(1) A Court shall have jurisdiction on application made to it by a landlord or tenant or any fascinated individual to ascertain issues in regard of the tenancy of any premises enable right before or right after the commencement of this Legislation.
(2) The jurisdiction of a Court docket shall not be ousted by the defendant or respondent environment up the title of any other bash.
(3) Proceedings might be introduced underneath this Legislation at the Superior Court docket or at the Magistrates Court docket in the division or the Magisterial District in which the topic matter offering rise to the proceedings is situated.
(4) Subject to the provision of this Law, a Court shall be bound by the observe and procedure in civil issues in the Magistrates Court or the Superior Court docket of Lagos Point out.

3. Tenancy Agreement
For the functions of this Regulation, a tenancy agreement shall be deemed to exist where by premises are granted by the landlord to a human being for worth no matter if or not it is
(a) convey or implied
(b) oral or in writing or partly oral or partly created or
(c) for a fastened interval.

4. Advance Lease
(1) It shall be illegal for a landlord or his agent to need or obtain from a sitting tenant lease in excess of 3 (3) months in regard of any premises.
(2) It shall be unlawful for a sitting tenant to offer or pay rent in excess of a few (3) months in respect of any premises.
(3) Any particular person who gets or pay out lease in extra of what is recommended in this portion shall be guilty of an offence and shall be liable to a wonderful of 1 hundred thousand naira (N100,000.00) or to 3 (3) months imprisonment or any other non-custodial disposition.

5. Hire payment receipt
(1) As from the commencement of this Legislation, all landlords of premises shall upon payment of hire by the tenants, be obliged to issue a hire payment receipt to their tenants in respect of these kinds of payments.
(2) The receipt shall condition the
(a) Date of which hire was received
(b) Title of the landlord and the tenant
(c) Spot of premises in regard of which the rent is compensated
(d) Amount of money of hire compensated and
(e) Time period to which the payment relates.
(4) Any landlord who fails to problem a lease payment receipt to his tenant as approved beneath this Part, shall be liable to a fantastic of ten thousand Naira (N10,000.00) payable to the Courtroom.


6. Legal rights of the functions
(1) The tenants entitlement to tranquil and peaceable satisfaction contains the appropriate to:
(a) affordable privacy
(b) independence from unreasonable disturbance
(c) Exceptional possession of the premises, subject to the landlords restricted correct of inspection and
(d) the use of common parts for affordable and lawful reasons.
(2) Wherever a tenant with the preceding consent in producing of the landlord, effects advancements on the premises and the landlord determines the tenancy, these a tenancy shall be entitled to declare payment for the effect improvements on quitting the premises.

6. Obligations of the Tenant
Matter to any provision to the contrary in the agreement in between the parties, the tenant shall be obliged to do the subsequent:
(1) Pay the rents at the occasions and in the way mentioned.
(2) Pay out all current and future premiums and fees not applicable to the landlord by legislation.
(3) Maintain the premises in fantastic and tenantable repair service, realistic put on and tear excepted.
(4) Permit the landlord and his agents during the tenancy at all fair several hours in the day time by penned recognize, to see the situation of the premises and to impact repairs in needed components of the constructing.
(5) Not to make any alterations or additions to the premises without the need of the created consent of the landlord.
(6) Not to assign or sublet any portion of the premises with out the composed consent of the landlord.
(7) Notify the landlord exactly where structural or considerable damage has transpired to any section of the premises as soon as practicable.

7. Obligations of the Landlord

8. Topic to any provision to the opposite in the arrangement amongst the get-togethers, the landlord shall be obliged to do the subsequent:
(1) Not to disturb the tenants tranquil and peaceable pleasure of the premises.
(2) Fork out all charges and costs as stipulated by law.
(3) Preserve the premises insured versus loss or hurt.
(4) Not to terminate or restrict a widespread facility or services for the use of the premises.
(5) Not to seize or interfere with the tenants obtain to his own property.
(6) Impact repairs and maintain the exterior and typical components of the premises.

9. Obligations of landlord regarding organization premises only
Topic to any provision to the contrary in the settlement involving the functions, a business premises agreement shall be taken to deliver that exactly where the landlord
(a) inhibits the accessibility of the tenant to the premises in any considerable method
(b) normally takes any action that would considerably alter or inhibit the stream of the customers, shoppers or other people utilizing the tenants small business premises
(c) results in or fails to make reasonable endeavours to avoid or remove any disruption to investing or use inside the organization premises which benefits in decline of gains to the tenant
(d) fails to have rectify as soon as practicable, any breakdown of plant or machines beneath his care and maintenance which success in decline of revenue to the tenant or
(e) fails to manage or repaint the exterior or the widespread areas of the developing or buildings of which the premises is comprised and soon after staying given recognize in crafting by the tenant requiring him to rectify the subject, does not do so within this sort of time as is reasonably practicable, the landlord, is liable to fork out to the tenant these affordable compensation as shall be identified by the Court, in which the tenant outcomes the repairs or routine maintenance.

10. Assistance Demand, Services and Protection Deposits
In any case where by the landlord or his agent may possibly in addition to hire have to have the tenant or licensee to fork out:
(a) a safety deposit to address destruction and repairs to the premises
(b) for services and amenities for the premises or
(c) company expenses in flats or models that keep frequent sections on the premises, the landlord or his agent shall difficulty a different receipt to the tenant for payments been given the these types of tenant shall be entitled to a prepared account at the very least each 6 (6) months from the landlord of how moneys paid out were disbursed.

11. Provision for re-entry
Issue to
(a) any provision to the contrary in the arrangement among the events and
(b) the assistance of course of action in accordance with the appropriate provisions of the Law, upon the breach or non-observance of any of the conditions or covenants in respect of the premises, the landlord shall have the ideal to institute proceedings for an order to re-enter and figure out the tenancy.

12. Duration of Detect
(1) Exactly where there is no stipulation as to the recognize to be offered by either get together to ascertain the tenancy, the adhering to shall utilize
(a) a months see for a tenant at will
(b) just one (1) months observe for a regular monthly tenant
(c ) three (3) months recognize for a quarterly tenant
(d) 3 (3) months notice for a 50 percent-yearly tenant and
(e) six (6) months notice for a annually tenant.
(2) In the scenario of month to month tenant, in which he is in arrears of rent for 3 (3) months, the tenancy shall be identified and the Court shall make an buy for possession and arrears of rent on evidence of the arrears by the landlord.
(3) In the scenario of a quarterly or fifty percent-yearly tenant, wherever he is in arrears of rent for six (6) months, the tenancy shall be established and the Court shall make an get for possession and arrears of hire upon proof of the arrears by the landlord.
(4) Notice of tenants under subsection (1) ( ), (d) and (e) of this Part want not terminate on the anniversary of the tenancy but may perhaps terminate on or after the day of expiration of the tenancy.
(5) In the scenario of a tenancy for a set phrase, no notice to quit shall be demanded once the tenancy has been established by effluxion of time and the place the landlord intends to progress to Court docket to recuperate possession, he shall provide a 7 (7) days written notice of his intention to implement to get well possession as in Type TL4 in the Routine of this Legislation.
(6) The nature of a tenancy shall, in the absence of any proof to the contrary, be identified by reference to the time when the rent is paid or demanded.

13. Observe to Licensee
Where by a individual is a licensee and on the expiration or withdrawal of his license, he refuses or neglects to give up possession he shall be entitled to assistance of a seven (7) days see of the proprietors intention to use to recuperate possession as in Kind TL4 in the Schedule to this Law.

14. See expected for abandoned premises
(1) A premises will be considered to be deserted in which the
(a) tenancy has expired and
(b) tenant has not occupied the premises due to the fact the tenancy expired and has not specified up lawful possession of the premises.
(2) Pursuing subsection (1) earlier mentioned, the landlord shall
(a) situation a 7 (7) times see of the landlords intention to recover possession as recommended in Variety TL4, which shall be served by pasting the recognize on the deserted premises and
(b) apply to the court for an buy for possession and an get to power open the premises.

15. Tenant refusing or neglecting to give up possession
As before long as the time period or interest of any premises has been identified by a created notice to give up as in Form TL2 or TL3, in the Plan this his Legislation and the tenant neglects or refuses to stop and deliver up possession of the premises or any element of it, the Landlord or his agent might cause the tenant to be served with created discover as in Type TL4, signed by the Landlord or his agent, of the landlords intention to progress to get well possession, stating the grounds and particulars of the claim, on a date not considerably less than 7 (7) times from the day of the detect.

16. Company of Notices
(1) Notices referred to beneath Sections 12-15 of this Legislation shall be by good support as recommended less than Segment 17 and 18.
(2) Correct services shall be provider in these types of a method that it can be founded to the pleasure of the courtroom that the individual to be served will have know-how of any of the notices.

17. Support of Notices for Household Premises
Appropriate service on a tenant of household premises shall be personal service, which incorporates but is not constrained to the subsequent
(a) company on the tenant in particular person
(b) delivery to any adult residing at the premises to be recovered
(c) by courier where the tenant are unable to be observed, by delivering similar at the premises sought to be recovered and the courier shall provide proof of shipping or
(d) affixing the notice on a well known component of the premises to be recovered and delivering corroborative proof of assistance.

18. Company of Notices for Organization Premises
Right service on a tenant of a company premises shall be by
(a) delivery to a man or woman at the business premises sought to be recovered or
(b) affixing the notice on a popular component of the premises to be recovered and offering corroborative evidence of service.

19. Responsibility to notify other persons in occupation
Wherever the tenant is a human being other than an person (which include a company entity), the landlord shall be certain correct company of all notices demanded underneath this Regulation on the tenant:
Provided that the failure of the tenant to notify any other particular person in profession shall not have an affect on the proceedings to recover possession.

20. Persons in unlawful profession
In which a individual promises possession of premises which he alleges is occupied solely by a person in unlawful profession, the proceedings for recovery of the premises shall be by the summary process contained in the Civil Treatment Procedures of the appropriate court.