Mastering the Legal Framework: Recovery of Premises Under Tenancy Law
Recovery of Premises Under Lagos State Tenancy Law
The procedure for the recovery of premises is generally regulated by statute. In the absence of a separate agreement regarding the period of notice to be given to a tenant, a landlord must comply with the provisions of the Lagos State Tenancy Law. Failure to adhere to these legal provisions renders any eviction invalid.
Laws Governing Recovery of Premises in Lagos State
In Lagos State, the following laws regulate the recovery of premises:
- Lagos State Tenancy Law 2011
- Rent Control and Recovery of Residential Premises Edict No. 6, 1997 of Lagos State
- Recovery of Premises Law, Cap. 118, Laws of Lagos State 1973
- Magistrate Court Law, Laws of Lagos State 2009
Under the Lagos State Tenancy Law 2011, the court has jurisdiction to determine matters relating to tenancy agreements for any premises, whether let before or after the enactment of the law. The law defines the “Court” as the High Court or Magistrate Court of Lagos, explicitly excluding the Customary Court from such matters.
Exemptions Under the Lagos State Tenancy Law 2011
It is important to note that the Lagos State Tenancy Law does not apply to the following categories of premises:
- Residential premises owned or operated by educational institutions
- Residential premises provided as emergency shelters
- Residential premises in a care center, hospital (public or private), or mental health facility
- Premises used for rehabilitative or therapeutic treatment
Additionally, the law does not apply to certain high-value areas in Lagos, including:
- Apapa
- Ikeja GRA
- Ikoyi
- Victoria Island
In these exempted locations, the Rent Control and Recovery of Residential Premises Edict No. 6, 1997 and the Recovery of Premises Law, Cap. 118, Laws of Lagos State 1973 remain applicable, depending on whether the premises are residential or non-residential.
Types of Tenancy and Their Legal Implications
The type of tenancy relationship determines how and when a landlord can lawfully recover possession of a property. The main types of tenancies are:
1. Periodic Tenancy
A periodic tenancy can be monthly, quarterly, or yearly. The specific type must be expressly stated in the tenancy agreement. Where the agreement does not specify the tenancy type, it is determined by the rent payment cycle (i.e., if rent is paid monthly, it is a monthly tenancy).
2. Fixed Tenancy
Unlike periodic tenancy, a fixed tenancy has a clearly defined duration. It could be for a specified number of months or years, such as May 12, 2020 – June 12, 2021. Regardless of the duration, the commencement and expiration dates must be explicitly stated.
This distinction between periodic tenancy and fixed tenancy is crucial, as it affects the legal procedures for terminating the tenancy.
Procedure for Recovery of Premises in Lagos State
A landlord who wishes to recover possession of a rented property must follow the legal steps outlined in the Lagos State Tenancy Law. The process is as follows:
Step 1: Issuance of a Quit Notice
A landlord must serve the tenant a Quit Notice before terminating the tenancy. The required notice periods under Section 13 of the Lagos State Tenancy Law 2011 are:
- Weekly tenancy – 7 days’ notice
- Monthly tenancy – 1 month’s notice
- Quarterly tenancy – 3 months’ notice
- Yearly tenancy – 6 months’ notice
If the tenancy has already expired, this step may not be necessary.
Step 2: Issuance of Notice of Owner’s Intention to Recover Possession
If the tenant does not vacate after receiving the Quit Notice, the landlord must serve a 7-day Notice of Owner’s Intention to Recover Possession. This informs the tenant that legal action will be taken if they do not vacate within the given timeframe.
Step 3: Filing a Court Action
If the tenant still refuses to vacate after the notices expire, the landlord must file an action in court to recover possession. The claim may include:
- Arrears of rent (if owed)
- Mesne profits (compensation for unlawful occupation after notice expiration)
- Possession of the premises
Step 4: Court Hearing and Judgment
The court will hear arguments from both parties and assess whether the landlord has met the legal requirements for eviction. If the judgment favors the landlord, the court will issue an Order for Possession.
Step 5: Enforcement of the Court Order
If the tenant still refuses to vacate, the landlord can apply for a Warrant of Possession, allowing law enforcement agents (e.g., court bailiffs) to evict the tenant.
2. Procedure for recovery of premises for fixed tenancy:
Evicting a tenant under a fixed tenancy differs from the process followed in a periodic tenancy. Since a fixed tenancy is always for a specified duration, the tenancy automatically terminates at the end of the agreed term or on the date stated in the tenancy agreement. This means that a landlord is not required to serve a quit notice to formally end the tenancy.
However, to recover possession of the property, the landlord must serve the tenant with a seven-day notice of the owner’s intention to recover possession. It is important to note that if this notice is given for a period shorter than seven days or is served before the tenancy term expires, it will be deemed invalid.
Grounds for Recovery of Premises
A landlord can seek to recover possession of a property under the following circumstances:
Non-payment of rent – If the tenant fails to pay rent as and when due.
Breach of tenancy agreement – If the tenant violates key terms of the lease (e.g., unauthorized subletting).
Illegal or immoral use of premises – If the property is being used for unlawful activities.
Abandonment of premises – If the tenant vacates the property without notifying the landlord.
Unsafe premises – If the building is structurally unsound or poses a danger to human life.
Serious nuisance or misconduct – If the tenant or their sub-tenants engage in conduct that severely disrupts others.
Legal Consequences of Wrongful Eviction
A landlord who fails to comply with the proper eviction procedure may face legal action by the tenant. Possible consequences include:
Trespass claims – If a landlord unlawfully enters or takes possession of the premises.
Damages for unlawful eviction – A tenant can seek compensation in court.
Reinstatement of the tenant – In some cases, the court may reinstate the tenant.
To avoid these risks, landlords must follow due process and obtain a court order before taking any eviction action.
Conclusion
The recovery of premises under Lagos State Tenancy Law follows a strict legal procedure to balance the rights of landlords and tenants. While landlords have a legitimate right to reclaim their properties under certain conditions, they must adhere to statutory requirements, including proper notices and court proceedings.
Failure to comply with these legal steps may lead to claims of wrongful eviction, which could result in financial penalties or even reinstatement of the tenant. By following due process, both landlords and tenants can ensure a fair and legally compliant resolution to tenancy disputes.