Reanalysing the lagos state tenancy law
The Lagos State Tenancy Law was passed in 2011 asserting that the responsibility now falls on all property owners to make life more bearable for those who rent their properties. By the time the law had reached the public stage, it had taken on a life of its own, with different versions turning up everywhere. Everybody was interested in seeing how their lives would be transformed and the law we have today has tried to accommodate as much as possible all public sentiments
Governor Fashola had said that that if property owners made small sacrifices, housing provision would change for the better. He had also said that property owners are more privileged when compared to tenants. The Tenancy Law therefore seeks to protect the poor and underprivileged. He claimed “A society that cannot protect the underprivileged cannot protect the privileged” “Can we truly expect life to be normal and expect corruption to disappear if we continue to ask for two or three years rent advance? not many employees are paid their monthly salaries one year in advance” The Governor said. The law prohibits landlords or their agents from collecting more than six months rents from existing tenants in the state. The law, which regulates the relationship between landlords and tenants, prescribes a six-month jail term or a fine of N100, 000.00 for violators of its provisions. Other provisions of the tenancy law have to do with illegal ejection of tenants by landlords, who sometimes remove the roofs and doors to apartments, to force the tenants out. In such cases, the landlord will be jailed for six months, or made to pay a fine of N250, 000. Landlords please note!
How did we get to the stage of demanding multiple years of rent in advance? History will reveal that it was a simple reaction by landlords to the frustrations of recovering their premises promptly from defaulting tenants. So they chose to collect multiple yearly rents in advance to mitigate the risk. The law has done a lot to reduce and simplify the process of recovery of possession, simplifying the notice to quit and providing Alternative Dispute Resolution
Some important sections to the law:
Section 1, applies to business and residential premises in Lagos State, except those premises which are specifically exempted. This exemption includes properties in Apapa, Ikeja GRA, Ikoyi and Victoria Island, hospitals, emergency homes and residential premises owned or operated by educational institutions for staff and students. Very important! The law does not cover all areas in the State
Section 4, it shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent that is in excess of 6months (in case of a monthly tenant) or 1 year in the case of a yearly tenant just as it also provided that it shall be unlawful for a sitting tenant to offer or pay rent in excess of 1 year for a yearly tenant and six months for a monthly tenant.
The law also provides in Section 4(3) that for new tenants, it shall be unlawful for a landlord or his agent to demand or receive rent in excess of 1 year in respect of any premises {outside the exempted areas} as this will constitute an offence for which anyone found guilty will be liable to a fine of N100, 000.00 or 3 months imprisonment”.
Section 11 of the Law states that Landlords must stop passing the cost of solicitors and agents to the tenant who is looking for a house, because after asking for two years rent, landlords also ask the tenant to pay landlord’s agent fees and the landlord’s lawyer’s fees who will make an agreement in favour of the landlord. The tenant has a right to engage his own lawyer. If he has to hire a lawyer to check the agreement for him, this means he has to pay his landlord’s lawyer’s fees and also pay his lawyer’s fees.
How has the Law performed up to date? Unfortunately, it appears the Law is not being followed to the letter in terms of responsibilities, collection of rent and reluctance to seek legal redress. The environment does not encourage this, there are stories abound of atrocities being committed by landlords and tenants who are still ignorant of the law or choose not to abide b it
It is true that this law will not on its own solve the housing problems, but it has the potential to seriously alter our way of life for good and reduce the needless pressures that we have to go through to get a decent place to live in. Let us hope that in time it will be followed better and understood by all.
Caroline A. Akinlotan
