Just yesterday someone sent me pictures on WhatsApp of court papers that were served on him. I wouldn't want to delve into full details to avoid quite lengthy post.

In short, his landlord wants an eviction over his head.

However, upon perusal I noticed the court processes smack of irregularities...but this is not the exact point.

While the fellow recounted the ancillary situations, he buttressed what he believed was his right, "AT LEAST I SHOULD HAVE SIX MONTHS GRACE" (he meant six months grace to stay, and leave thereafter without paying)

"Like seriously?", I thought to myself.... but I didn't fault him for having that impression. I've heard it several times.

Then I realised how age-long the misconceptions about the statutory tenancy Notices are.

Even we lawyers know how technical tenancy law is..... but i wish to clear the air on some of the misconceptions.

~~~~~~~~~~~~~~

- Notice to quit (whether 1, 3 or 6 months) is NOT an additional GRACE period.

--If issued you after your tenancy expires, the period of months within which the 'Quit Notice' runs still has to be paid for as the ARREARS of rent. They are not months of bonus.

-Then, the rental value during the period which the tenant stays after the Notice expires is called "mesne profit".

-A Quit Notice can be given to you even when your tenancy is subsisting; if there is an infringement on the tenancy terms, or if the landlord needs the premises for personal use (in which case, he's obliged to pay you the value of the unexpired tenancy)

(EDIT) - If a Notice is given while tenancy subsists, In Lagos, it USE to be that such notice can only be valid if it determines the tenancy at the very end of the current term of the tenancy, but by the advent of Section 13(4) of the Lagos Tenancy Law 2011, such notices need no longer terminate on the eve of the anniversary of the term sought to be determined and may now lapse on or after the date of its expiration.

-A Notice must only be calculated in CALENDAR MONTHS to be VALID. That is, the 30 or 31 days of each clear month must be complete.

For example, a Notice dated December 1 and served same day rules out December already. I hope this is clear?!

- A yearly tenancy = 6months Notice
6 months tenancy = 3months Notice
1 / 3 months tenancy = 1 / 3 months Notice respectively.

- At the expiration of the Notice to Quit, landlord has to issue another Notice called "7 DAYS NOTICE OF OWNER'S INTENTION TO RECOVER POSSESSION" before proceeding to court.

This notice must also be for SEVEN CLEAR DAYS not including the date of service.

- Tenancy for a term certain or a long abandoned premises doesn't require NOTICE TO QUIT, the aforementioned 7 Days notice is sufficient.

- Sufficient is the service of court process to you personally or when they paste a copy of it on a conspicuous part of the premises sought to be recovered.

-Don't bother yourself with the right time of service, collect the process when/if they come for you (if you must), just put the date, time and sign.

Don't be the landlord/tenant who falls victim of an irregular procedure.

-Even as KANGAROO COURT is unfair to you as a tenant, don't be bent on intentionally frustrating your landlord too.

You can ask me questions.

Meanwhile, what's your idea of KANGAROO court in relation to Tenancy?


I'm your #REALPATHLAWYER

Legalolumoran:
Just yesterday someone sent me pictures on WhatsApp of court papers that were served on him. I wouldn't want to delve into full details to avoid quite lengthy post.

In short, his landlord wants an eviction over his head.

However, upon perusal I noticed the court processes smack of irregularities...but this is not the exact point.

While the fellow recounted the ancillary situations, he buttressed what he believed was his right, "AT LEAST I SHOULD HAVE SIX MONTHS GRACE" (he meant six months grace to stay, and leave thereafter without paying)

"Like seriously?", I thought to myself.... but I didn't fault him for having that impression. I've heard it several times.

Then I realised how age-long the misconceptions about the statutory tenancy Notices are.

Even we lawyers know how technical tenancy law is..... but i wish to clear the air on some of the misconceptions.

~~~~~~~~~~~~~~

- Notice to quit (whether 1, 3 or 6 months) is NOT an additional GRACE period.

-If issued you after your tenancy expires, the period of months within which the 'Quit Notice' runs still has to be paid for. The rental value during this period is called "mesne profit", they are not months of bonus.

-A Quit Notice can be given to you even when your tenancy is subsisting; if there is an infringement on the tenancy terms, or if the landlord needs the premises for personal use (in which case, he's obliged to pay you the value of the unexpired tenancy)

- If a Notice is given while tenancy subsists, it will only be valid if it determines the tenancy at the very end of the current term of the tenancy. (Note: this condition is particularly obtainable in Lagos) 

-A Notice must only be calculated in CALENDAR MONTHS to be VALID. That is, the 30 or 31 days of each clear month must be complete.

For example, a Notice dated December 1 and served same day rules out December already. I hope this is clear?!

- A yearly tenancy = 6months Notice
6 months tenancy = 3months Notice
1 / 3 months tenancy = 1 / 3 months Notice respectively.

- At the expiration of the Notice to Quit, landlord has to issue another Notice called "7 DAYS NOTICE OF OWNER'S INTENTION TO RECOVER POSSESSION" before proceeding to court.

This notice must also be for SEVEN CLEAR DAYS not including the date of service.

- Tenancy for a term certain or a long abandoned premises doesn't require NOTICE TO QUIT, the aforementioned 7 Days notice is sufficient.

- Sufficient is the service of court process to you personally or when they paste a copy of it on a conspicuous part of the premises sought to be recovered.

-Don't bother yourself with the right time of service, collect the process when/if they come for you (if you must)

Don't be the landlord/tenant who falls victim of an irregular procedure.

-Even as KANGAROO COURT is unfair to you as a tenant, don't be bent on intentionally frustrating your landlord too.

You can ask me questions.

Meanwhile, what's your idea of KANGAROO court in relation to Tenancy?


I'm your #REALPATHLAWYER

Op, please review your assertions about notices terminating at the anniversary of your tenancy with regard to Lagos.

[quote author=potent5 post=63071113]

Oops..My bad..Big fat appreciation for the observation and reminder. I tweaked my old post and inadvertently left that part as it was. (This is no excuse)

[quote author=Legalolumoran post=63105620][/quote]
I understand, my brother. Sh*t happens. All the same you did justice to the treatise on landlord and tenant in re: notices. Well done.

potent5:

I understand, my brother. Sh*t happens. All the same you did justice to the treatise on landlord and tenant in re: notices. Well done.

Thank you sir.