Overview of the Concept Recovery of Premises in Lagos State
Introduction
In the ever-expanding urban and commercial landscape of Lagos State, Nigeria’s economic powerhouse, the issue of tenancy, landlord-tenant relationships, and recovery of premises is both significant and recurrent. With a growing population and high demand for housing and commercial space, disputes related to tenancy agreements and the recovery of premises are inevitable. The Recovery of Premises Law of Lagos State, alongside the Rent Control and Recovery of Residential Premises Law, forms the bedrock of the legal framework guiding these matters.
This article aims to provide a detailed exposition of the concept of recovery of premises, specifically within Lagos State. It will explore the legal framework, procedures, rights and responsibilities of parties, and conclude with a practical case study to illustrate how the law operates in practice.
1. Understanding Recovery of Premises
1.1 Definition
Recovery of premises refers to the lawful process by which a landlord reclaims possession of property rented or leased to a tenant. This usually occurs upon expiration of the tenancy or upon breach of tenancy terms by the tenant.
It must be distinguished from eviction, which is often associated with illegal or forceful removal. In Nigeria, the legal path to recovery of premises is strict and must be followed to the letter of the law to avoid liability for unlawful eviction.
2. Legal Framework Governing Recovery of Premises in Lagos State
2.1 Recovery of Premises Law of Lagos State
This law governs how landlords may lawfully recover premises from tenants. It lays down the types of tenancies, notices required, and the judicial process to be followed.
2.2 Tenancy Law of Lagos State, 2011
This law consolidated previous rent laws and now regulates all landlord-tenant relationships in Lagos State (with some exceptions, such as government-owned properties). It outlines obligations, rights, notices, and procedures for recovery.
3. Types of Tenancies in Lagos State
Understanding the nature of the tenancy is crucial in determining the appropriate recovery process.
Tenancy at Will: No specific duration, can be terminated at any time with notice.
Fixed Tenancy: A lease with a definite term (e.g., 1 year, 2 years).
Periodic Tenancy: Monthly or yearly tenancy that renews automatically.
Statutory Tenancy: Created when a tenant remains in possession after the expiration of tenancy without a fresh agreement but with the landlord’s acquiescence.
4. Grounds for Recovery of Premises
A landlord can initiate recovery based on several grounds:
Expiration of tenancy.
Breach of tenancy agreement (e.g., non-payment of rent).
Use of premises for immoral or illegal purposes.
Requirement of the property for personal use.
Subletting without consent.
Dangerous or antisocial behaviour of the tenant.
5. Required Notices for Recovery
5.1 Quit Notice
This is the first step. It is a notice to determine the tenancy.
Yearly tenant: 6 months’ notice.
Monthly tenant: 1-month notice.
Weekly tenant: 7 days’ notice.
The form and content must be precise.
5.2 Notice of Owner’s Intention to Apply to Recover Possession (7 Days’ Notice)
After the quit notice expires, the landlord must issue a 7-day notice of intention to recover possession.
6. Procedure for Recovery of Premises
6.1 Pre-litigation
Issuance of appropriate notices.
Documentation of tenant default (e.g., unpaid rent).
Attempt at amicable resolution or mediation.
6.2 Court Action
File an action at the Magistrate Court or High Court depending on the rental amount and nature of the property.
Serve court summons to tenant.
Attend hearings.
Present evidence of tenancy, notice, breach (if any), and desire to recover possession.
6.3 Enforcement
Upon a favourable judgment, a warrant of possession is issued.
The bailiff executes eviction.
7. Role of the Courts
Courts play a central role in recovery:
Ensure procedural compliance.
Protect tenant rights against illegal eviction.
Award damages or mesne profits (compensation for use of premises after expiration).
8. Tenant’s Rights During Recovery Process
Right to lawful notice.
Right to fair hearing.
Protection from illegal eviction or harassment.
Right to recover security deposits.
Right to compensation for improvements (in some instances).
9. Consequences of Unlawful Eviction
A landlord who evicts a tenant without due process can face:
Civil liability.
Criminal charges under Lagos tenancy law.
Damages awarded to the tenant.
Injunction or restoration orders by the court.
10. Practical Considerations for Landlords
Always issue notices in writing and retain proof of service.
Engage a lawyer early in the process.
Avoid physical or forceful eviction.
Ensure all agreements are written and signed by both parties.
11. Alternative Dispute Resolution (ADR)
Mediation and arbitration are encouraged under Lagos tenancy laws. The Citizens Mediation Centre (CMC) provides avenues for amicable dispute resolution before litigation.
12. Key Documents Required for Recovery of Premises
Tenancy Agreement.
Rent Receipts.
Quit Notice.
7-day Owner’s Intention Notice.
Evidence of breach (if applicable).
Evidence of service of notices (affidavits, witness statements).
13. Common Pitfalls in Recovery
Improper service of notices.
Wrong notice duration.
Lack of written tenancy agreements.
Resorting to self-help.
Using force or threats.
14. Relevant Case Laws
1. Oshodi v. Okafor (1975)
The court emphasized that statutory tenants are entitled to proper notice before eviction. A landlord must not take the law into his own hands.
2. Ijewere v. Iyere (1990)
A landlord must comply with all procedural steps before initiating action for recovery of premises.
3. Ugochukwu v. Cooperative and Commerce Bank (1996)
The case established that breach of notice requirements renders the eviction process invalid, even if the landlord has a genuine claim.
15. Case Study: Recovery of Premises in Surulere, Lagos
Background
Mr. Adewale, a landlord in Surulere, leased a 3-bedroom apartment to Mr. Johnson, a monthly tenant, at ₦250,000 per annum. By March 2023, the tenant defaulted for 6 months despite repeated oral demands.
Step-by-Step Recovery
Step 1: Issuance of Notices
Mr. Adewale, through his solicitor, issued a 1-month quit notice (since the tenant was on a monthly tenancy).
After expiration, a 7-day owner’s intention notice was served.
Step 2: Court Proceedings
The solicitor filed for recovery at the Surulere Magistrate Court.
All documents (tenancy agreement, rent history, notices, proof of service) were presented.
Mr. Johnson attended court and admitted he couldn’t pay due to business hardship.
Step 3: Judgment
The court granted recovery to the landlord and awarded ₦125,000 mesne profit for the 6-month occupation post-default.
A warrant of possession was issued and executed by court bailiff.
Outcome
Mr. Adewale recovered his premises lawfully, without physical confrontation or harassment. The case lasted 3 months from the time of filing.
16. Frequently Asked Questions (FAQs)
Q1: Can a landlord evict without going to court?
No. All evictions must be sanctioned by a competent court.
Q2: Can a tenant claim compensation for unlawful eviction?
Yes. Tenants can sue for damages and be reinstated.
Q3: Is oral tenancy agreement valid?
Yes, but it is harder to prove. A written agreement is always advised.
Q4: Can a landlord increase rent and evict the tenant immediately?
No. Rent increases must be accompanied by a valid notice. Eviction must follow due process.
17. Recommendations and Best Practices
Landlords should always use written agreements, including clauses for default and dispute resolution.
Tenants should understand their rights and obligations before signing tenancy agreements.
Both parties should prioritize ADR where possible.
Legal advice should be sought before initiating legal proceedings.
Conclusion
The concept of recovery of premises in Lagos State is a critical aspect of property law and landlord-tenant relations. It reflects the balance the law seeks to strike between protecting the rights of landlords to repossess their property and shielding tenants from unlawful eviction.
The law provides a structured process—rooted in fairness, due notice, and judicial oversight—which must be strictly followed. As Lagos continues to grow in population and economic activity, understanding the legal pathways to recover premises becomes ever more essential.
Legal practitioners, landlords, and tenants alike must stay informed of these provisions to avoid costly legal disputes and ensure peaceful coexistence and commercial success.
Are You a Landlord or Tenant Facing a Property Dispute in Lagos?
Whether you’re a landlord seeking to lawfully recover your property or a tenant protecting your legal rights, it’s crucial to act within the bounds of the law. At Chaman Law Firm, we specialize in landlord-tenant law, recovery of premises, and real estate litigation across Lagos State.
📌 Let our legal team handle your matter with professionalism, speed, and discretion.
Don’t risk an illegal eviction or delay in recovering your property. Get legal clarity and take the right steps today.
📞Phone: 08065553671, 08096888818
✉ Email: chamanlawfirm@gmail.com
📍 Address: 115, Obafemi Awolowo Way, Allen Junction, Ikeja, Lagos, Nigeria
🌍Click here to learn more about Chaman Law Firm
🛡️ Chaman Law Firm — Your Right, We Protect.