Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,153,364 members, 7,819,313 topics. Date: Monday, 06 May 2024 at 02:13 PM

Does Landlord Have Right To Break And Enter Tenant's Flat? - Properties - Nairaland

Nairaland Forum / Nairaland / General / Properties / Does Landlord Have Right To Break And Enter Tenant's Flat? (16417 Views)

FIRS' 6% Stamp Duty Charge On Agreement. How It Affects You As Landlord/tenant / Landlord Evicts Tenant Not Knowing That His Daughter Has Collected Rent / Does Landlord Have Right To Break And Enter Tenant's Flat? (2) (2) (3) (4)

(1) (2) (3) (4) (5) (Reply) (Go Down)

Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 8:41pm On Jan 20, 2017
A yearly tenant, who is occupying a three bedroom flat in a compound, that has another three bedroom flat occupied by the landlord and his family in the same compound.

The tenant has 3 months to the expiration of his rent. The tenant returned from a one week try trip, only to discover that his flat had been opened and strange properties packed in.

On enquiry from the landlord, the landlord's wife replied by saying - "don't be angry, one of my children had issues with his accommodation, therefore i packed his properties into your flat".

The tenant then asked how they gained entry (there's no sign of forceful entry), the landlord's son said - "i tried calling you, but no network connection, i then got a master key to open your door".

QUESTION :

What legal action(s) can be instituted against the landlord by the tenant?

2 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by PqsMike: 8:52pm On Jan 20, 2017
FTC grin

I'll really love to know too
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by engrMikemd(m): 9:12pm On Jan 20, 2017
he owns d god damn house and he does whatever he likes

1 Like 3 Shares

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 9:16pm On Jan 20, 2017
engrMikemd:
he owns d god damn house and he does whatever he likes

Really?
Are you speaking from legal ground?

35 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by spongebob0006(f): 9:24pm On Jan 20, 2017
that action from the landlord is a no no. first of all, you are a yearly tenant and you are entitled to a six months notice S.13(1)(e)Tenancy Law,Lagos 2011.
again,there is something called exclusive possession in law. S.6(a-d)Tenancy Law,Lagos 2011.
whether or not you are absent fro. the house for one or two reasons ,the landlord has no right at all to break into your apartment in any way. so he has breached one of the covenants and duties of a landlord. just sue him for damages,house breaking which is a criminal act and unlawful possession. nobody cares if its his own house because he has violated the law and agreement.

91 Likes 7 Shares

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by spongebob0006(f): 9:25pm On Jan 20, 2017
that action from the landlord is a no no. first of all, you are a yearly tenant and you are entitled to a six months notice S.13(1)(e)Tenancy Law,Lagos 2011.
again,there is something called exclusive possession in law. S.6(a-d)Tenancy Law,Lagos 2011.
whether or not you are absent fro. the house for one or two reasons ,the landlord has no right at all to break into your apartment in any way. so he has breached one of the covenants and duties of a landlord. just sue him for damages,house breaking which is a criminal act and unlawful possession. nobody cares if its his own house because he has violated the law and agreement..........

13 Likes 1 Share

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Babacele: 9:26pm On Jan 20, 2017
before the law, the tenant owns that room till the expiration of the annual rent. and even if his rent has expired, no landlord in the world can trespass by breaking the tenants space. The Nigerian tenancy law adequately protects the tenant , and if the tenant knows his basic rights the lawless landlord would be in damn hot soup. Let us hear from lawyers on NL.

9 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by ybalogs(m): 9:31pm On Jan 20, 2017
Landlord can never have such a right on his tenant. In fact,if any landlord tries that with me all the money lost by my friends and families to MMM will be refunded by his whole family.What Rubbish.

21 Likes 2 Shares

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by akintom(m): 9:34pm On Jan 20, 2017
spongebob0006:
that action from the landlord is a no no. first of all, you are a yearly tenant and you are entitled to a six months notice S.13(1)(e)Tenancy Law,Lagos 2011.
again,there is something called exclusive possession in law. S.6(a-d)Tenancy Law,Lagos 2011.
whether or not you are absent fro. the house for one or two reasons ,the landlord has no right at all to break into your apartment in any way. so he has breached one of the covenants and duties of a landlord. just sue him for damages,house breaking which is a criminal act and unlawful possession. nobody cares if its his own house because he has violated the law and agreement..........

I once heard a judge (in a private conversation) said that, the landlord can't be charged/convicted for "breaking and entering", because he owns the house.

1 Like 1 Share

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by doctokwus: 10:08pm On Jan 20, 2017
This is d kind of case Nigeria police like handling because the man has broken d law and many of them being tenants,av grudges against landlords.
Op,u musnt hear a lawyers opinion to know an illegal act has been committed,unless u are not telling d full story,or are scared of being told to pack out if u follow up d case.
If u report to d police and u are co operative,i bet u d landlord is in deeper shit than his son's accomodation issues because a criminal act has been committed.

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by spongebob0006(f): 6:46am On Jan 21, 2017
akintom:


I once heard a judge (in a private conversation) said that, the landlord can't be charged/convicted for "breaking and entering", because he owns the house.
says who? this is a criminal act .......there is no immunity for landlord o, nobody is above the law abeg

16 Likes 1 Share

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by George2016(m): 6:47am On Jan 21, 2017
You need to drag them to police with your Lawyer and follow what your Lawyer tells you.

But they will pay for the insult

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by AfonjasMustProsper(m): 6:47am On Jan 21, 2017


Yes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 6:47am On Jan 21, 2017
No.

According to Penguin guide to the law. The Rent Act 1974 introduced the full protection tenants.
1. The rights to have a fair rent registered for the property . This then becomes the maximum rent they can be charged and
2. The right not to be even evicted unless they misbehave (or unless certain narrowly defined situations exist)

In 1981 they used a special category of tenants called the full-protection tenants. That is this one now. Just like the English laws of 1974 and 1925. About ''deed''

It is a full protection tenants you have paid for the house. It no longer belongs to the landlord until your rent expires. And even when it expires you have what we call Statutory Tenancy.


BiafraudExposed


Ipob youths good morning o cheesy

7 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 6:48am On Jan 21, 2017
If the Tenant press charges, all of you might end up in jail undecided If he says he has 1 million in his apartment and it was stolen by you guys... Y'all have a big case at hand!

3 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by yomalex(m): 6:50am On Jan 21, 2017
Breaking and Entering is a crime

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by KillerBeauty(f): 6:51am On Jan 21, 2017
That's breaking and entering in any law in the world

2 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by shakes101(m): 6:51am On Jan 21, 2017
That is invading personal privacy and is against the law except from the orders of the court.

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by AlexCk: 6:52am On Jan 21, 2017
The landlord has no right, the flat has been paid for,

That breach of privacy if u ask me, a tenant can even claiim that the landlord stole some valuables sef,

It's weird that most landlords do this

2 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Kakamorufu(m): 6:53am On Jan 21, 2017
The landlord has no right whatsoever
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by tijjanioyan: 6:54am On Jan 21, 2017
ybalogs:
Landlord can never have such a right on his tenant. In fact,if any landlord tries that with me all the money lost by my friends and families to MMM will be refunded by his whole family.What Rubbish.
iyen ni wipe......food don land be dat.

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by 2sa2: 6:54am On Jan 21, 2017
engrMikemd:
he owns d god damn house and he does whatever he likes
you are an illiterate.

28 Likes 1 Share

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Nobody: 6:54am On Jan 21, 2017
Only an illiterate will let such pass.....If Na me,that is the end of that landlord,he will be worshiping me till he dies

2 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by SIRKAY98(m): 6:55am On Jan 21, 2017
K
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by Mrdecent(m): 6:55am On Jan 21, 2017
Its just as if u rented a farm land and the owner now came to plant whatever on the land for one reason or the other. That is trespass!

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by 2shur: 6:56am On Jan 21, 2017
the law always favors tenants anytime ..anyday
Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by MARKone(m): 6:57am On Jan 21, 2017
Did you say that rent is yet to expire. Ps tell the tenant to start looking for the 800k he put under the drawer, the one in a brown paper bag. If he doesn't see it, he should report straight to the police.

11 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by emi14: 6:57am On Jan 21, 2017
Big NO... That's criminal act. Unless you runaway for longtime yet the house owner need police / court order to open such apartments .

3 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by jomoh: 6:59am On Jan 21, 2017
I've always said it. In a sane environment the judicial system works perfectly, most Nigerians are criminals.

Imagine a landlord breaking into a tenants apartment because his son has accomodation issue. What nonsense.

I am very sure it must be a face-me-I-slap you house.

1 Like

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by oseka101(m): 6:59am On Jan 21, 2017
He has committed a crime liable to go to jail...... but you won't do nada because you're a Nigerian........

2 Likes

Re: Does Landlord Have Right To Break And Enter Tenant's Flat? by emi14: 7:01am On Jan 21, 2017
Benz4pimp:
Only an illiterate will let such pass.....If Na me,that is the end of that landlord,he will be worshiping me till he dies

Everything illiterate? You haven't seen an illiterate treating a lawyer like crap, with his money even when the lawyer is right. Nigeria is lawless everything goes with cash.

(1) (2) (3) (4) (5) (Reply)

Why Do People Park At Night / Advantages Of Shower Cubicles / 3mins Drive From Eleko Junction Is Where This Beaut Is Located +2349030188831

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 37
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.