Good people, I'm new to this site and I need good advise on how to go about recovering outstanding rent from this family. Mr K rented a 3bed(en suite) duplex from me through my (greedy) lawyer in 2011, property is in Ajah area and rent was 1.1m per year for two years after which the rent will increase in the third year. Mr K said no problem, that his international employer pays his rent ( a claim that my then greedy lawyer did not verify,as I later found that she was only after her own commission). I parted business with the lawyer when I realise she was not looking after my interest, and gave management of the property to one of the biggest property management companies in the land (don't know if I'm allowed to mention their name here) but they honestly, have been so unprofessional its laughable. Mr K is still to pay for this year, he told the company in January that the EFCC are "investigating" his company because of some large amount of money that was transferred into Nigeria, then months later that he's going to issue a private cheque to pay his rent. This is August and I'm still waiting, I live abroad and its so frustrating that this so called reputable management company don't seem to be doing their job or am I been naive in thinking things should work the same in Nigeria as most other countries?
This said management company on many occasions gets my name/address wrong in letters to the tenant,and will not update me on progress of matter unless I call them. What do I do now, please, please help.

You need to get a new attorney. He/she would be able to give you legal advise and know what steps to take in order to help receive your rent. You also need a new caretaker

OP,

Was he offered a fixed one year term certain for the current term? For how long has he been in arears?

If he was offered a fixed term certain, and has had a history of delayed and piece-meal rent payment, then get the Managing Agent to issue him a 6-months Notice to Quit. In the Lagos State Tenancy Law one of the grounds for an owner to seek to recover possesion of premises is owing arears of rent. Serving a NTQ serves two purposes, you might have no intention of actually evicting him (ofcourse he has no way of knowing) but if he's a responsible person it would jolt him into paying the rent. If that doesn't happen (because in your mind you have concluded that he can no longer afford the premises or abide by the covenants in the lease agreement) you would not be caught unawares and is just as well that you have served him a statutory notice.

If he was NOT offered a fixed term certain for the current term then his tenancy has now been determined by effulxion of time, he can be issued a 7-days Notice (of Owners intention to apply to court to recover possession).

If after the 7-days notice he's still in possesion you can file an action in court against the tenant seeking to recover possession and outstanding arears of rent.

Your Managing Agent can serve the 6-months NTQ, while a lawyer can serve the 7-days Notice as well as file an action in court.

Ryabcool: You need to get a new attorney. He/she would be able to give you legal advise and know what steps to take in order to help receive your rent. You also need a new caretaker

A new caretaker? What she needs is a registered firm of Estate Surveyors and Valuers.

azpekuliar:

A new caretaker? What she needs is a registered firm of Estate Surveyors and Valuers.

even better

@ azpeculiar, a number of legal in accuracies in your write up.

1. A periodic tenancy is that which requires the 6 monthly notice. (Precisely the yearly tenancy and above)

2. A tenancy for a fixed term does not attract anything more than a 7 days notice. (A tenancy for a fixed term is said to expire by effluxion of time ie the time fixed for its termination has passed.)A day after this expiry date, you issue a 7 days notice to recover posession and if the tenant refuses to give up posession, you issue a writ for posession.


@ OWNER OF THE PROPERTY
Is the tenancy for a fixed term or a periodic tenancy.

If it is the former, you issue a 7 day notice. If latter, it is a 6mth notice

This notices can be to shakara the tenant or be with a view to recovering posession. In any case, it all ends in court if the tenant refuses to leave.

As to the issue of management of the place , forget about those large companies and and get an experienced individual to handle it.


Enjoy

You sound so pseud!

younglawya:
@ azpeculiar, a number of legal in accuracies in your write up.

1. A periodic tenancy is that which requires the 6 monthly notice. (Precisely the yearly tenancy and above)

Did you miss the part of my post where I asked the OP to clarify the existing tenancy? If the tenant was offered a one year term certain that hasn't expired, a 6-month NTQ would suffice.

younglawya:
2. A tenancy for a fixed term does not attract anything more than a 7 days notice.

This statement is too vague and therefore inaccurate! A tenancy for a fixed term is either unexpired or has determined by effluxion of time. If it's the latter, a 7-days notice would suffice.

younglawya:
@ OWNER OF THE PROPERTY
Is the tenancy for a fixed term or a periodic tenancy. If it is the former, you issue a 7 day notice. If latter, it is a 6mth notice

Let the OP clarify the tenancy. How do you issue a 7-days notice for a fixed term certain that is still running?

@ az, I don't know the mean of pseud. so I wont respond to it at all.

Statement

"Did you miss the part of my post where I asked the OP to clarify the existing tenancy? If the tenant was offered a one year term certain that hasn't expired, a 6-month NTQ would suffice."

Response

Section 13(5) of the lagos state tenancy law provides that

In the case of a tenancy for a fixed term, no notice to quit shall be required once the tenancy has been determined by effluxion of time and where the landlord intends to proceed to court to recover possession, he shall serve a 7 days notice of his intention to recover possession as in form tl5....

THE SIMPLE MEANING OF THIS IS WHEN YOU CREATE A TENANCY FOR A FIXED TERM OR FIXED PERIOD, UPON EXPIRY, IE A DAY AFTER THE PEROIOD GIVEN,YOU GIVE A 7 DAY NOTICE. NO ISSUE OF 6MTH NOTICE AS THE LAW HAS ALREADY PROVIDED FOR THE 7 DAYS NOTICE . GIVING A 6 MTHS NOTICE WILL STILL TAKE YOU TO THE STAGE OF THE 7 DAY NOTICE.

Statement

This statement is too vague and therefore inaccurate! A tenancy for a fixed term is either unexpired or has determined by effluxion of time. If it's the latter, a 7-days notice would suffice.

REPLY

There is no question of a 7 days notice in an unexpired period. I"m sure you knew that .

Statement

Let the OP clarify the tenancy. How do you issue a 7-days notice for a fixed term certain that is still running?

Reply

"Mr K is still to pay for this year"

I understand this to mean that the tenant is in possession and hasn't paid for the year. I am sure my learned colleague would noticed that the TENANCY RELATIONSHIP WASNT STILL RUNNING if he read the post diligently.



@ op if you created a periodic tenancy, you serve a quit notice 6 months to the end( it doesn't have to terminate on
the eve of the expiration of the tenancy.

if it was for a fixed period ie 2013 to 2014 you give a 7 days notice.

Thank you all for your inputs. To answer the question as to fixed/periodic tenancy, the agreement the previous lawyer gave to him states that the tenancy will be for the period of Jan 1st 2011 to Dec 31st 2011. He paid for that year,( and mind you he actually moved into the property in December 2010 and pleaded with me to let the rent start in January 2011 , which out of the goodness of my heart, I obliged to). He also paid for Jan - Dec 2012 through the new management company, but they did not issue him a new contract as far as I know, because the rep from the company told me that agreement he has then, though it states for a period of one year, was still valid to continue into the next year.

Now, the problem started when Mr K was informed last year that his rent, as agreed two years previous will be going up from Jan 2013. He's been telling stories and tales since then, and hasn't come up with the rent for Jan 1st - Dec 31st,2013.

The rep from the management company has informed me that they have issued him a notice to quit back in May which will expire in November.(6months)
I am a bit confused now, from the comments from you all, which time limit does the law say he should be given? Please bear with me if my question seem silly, I'm new to all this property mine-field, and already I'm beginning to ask myself what did I get myself into.

Thank you all for your contributions.

Hi


I've considered your write up. I believe a periodic tenancy was created as soon as you accepted rent from the tenant for the second year. This does not have to be in a contract. As the situation stands, the company has followed the proper procedure. This may not necessarilt be the best procedure for you. I as a practice give 6 month notice to all tenants whether I intend to renew the agreement or not. This would have been given last year. It saves the time and wahala of having to give it when the tenant begins misbehaving. This is a pre emptive move sha. The only thing that can happen in your case is to wait for the 6 mth notice to expire,give a 7 day notice of owners intention and then proceed to court to evict.

As a means of recovering your money, a claim for arrears of rent and / or mesne profits can be included.

Enjoy.