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My Landlord And I / Full Details Of A Landlord And Tenant Relationship. / Land Lord And Tenant Relationship In Nigeria,what You Should Know. (2) (3) (4)
Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 7:16am On Mar 25, 2017 |
Times are hard, and tenants are falling behind on their rent. Unfortunately, landlords depend on these rents to meet their own obligations so while they may be willing to cut defaulting tenants some slack, they cannot do so indefinitely and will at some point need to recover their premises from tenants, for any number of reasons. A landlord wishing to recover their premises from a tenant must first establish that a landlord and tenant relationship exists between them and the tenant – a lease contract should suffice. There are a few lawful grounds for an action to recover premises. Arrears of rent: This is probably one of the top reasons why landlords move to recover their premises from tenants. The courts can validly make an order for possession on grounds of arrears of rent if it is reasonable to make the order, and if the issue of arrears of rent has been provided for. The rent lawfully due must not be in excess of the standard rent (fixed by statute or rent tribunal in any location) and must be in arrears of at least three months from when it was due. A tenant may, however, put a stop to the proceedings by making an offer of the arrears to the landlord before the commencement of proceedings. This will usually turn the tides unless the tenant is shown to be a bad tenant – one who only pays rent when they are sued, is irregular with payment, etc. Furthermore, it is the tenant’s duty to seek the landlord and pay their rent so any excuse that the landlord did not come to collect rents is unpardonable. Alternative accommodation: Sometimes a landlord may want to upgrade their property and will need to evacuate all tenants in order to do so. Or, they may just need the tenant out of that property for another reason. For the inconvenience, they may offer alternative accommodation to affected tenants. A landlord may rely on the availability of alternative accommodation offered the tenant as a reason for recovery of premises. The court will consider the alternative accommodation with regard to the needs of the tenant – proximity to their workplace, location, etc., and decide whether it is reasonable to make an order for recovery of possession as a reason. Breach of an Express Covenant: Covenants are the terms of the lease agreement. An example of an express covenant would be the use of the premises. The lease agreement may specifically provide that the premises be used for residential purposes only. If the tenant converts the use to a commercial or religious purpose, that would be a breach of the user covenant. This would be a basis for the courts to make an order for possession in favour of the landlord. Notice of tenant’s intention to vacate the property: Where the tenant has indicated their intention to vacate the property, and based on this, the landlord contracts to sell or let the property to another person, or takes such other steps as a result of which he would be seriously prejudiced if he could not obtain possession, the court might grant the order for possession. For example, if a tenant informs the landlord that he would move out of the property at the end of the current term, the landlord may enter into an agreement with another person to let the property to them when the present tenant leaves. The landlord may also decide to renovate and use the property for another purpose. Where the landlord is certain to suffer some loss if the tenant does not vacate the property as anticipated, the order for possession may be granted. Property required for purposes of public interest: A public interest is one shared by citizens generally in the affairs of local, state, or national government. It exists in services which benefit the public directly, like schools and hospitals. Thus, the landlord must show by evidence what public interest is to be served. Where the landlord requires the property for setting up a business from which the public may benefit, the court will not make an order for possession. Nuisance: The court may make an order for possession where the tenant or any person residing with them or being their sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers. Or where the tenant has been convicted of using or allowing the premises to be used for an illegal purpose, or that the condition of the premises has deteriorated owing to acts of waste of the tenant or a sub-tenant, and the tenant has not taken necessary steps for the removal of such a person. The courts would consider the extent of the harm, nature of the locality, the degree of permanence of such act, or the landlord’s or other complainant’s sensitivity to the act (whether they are reasonable or hypersensitive people). Overcrowding: Where the landlord can prove that the property is so crowded as to be dangerous to the health of its occupants, and if the overcrowding could have been avoided by the removal of any lodger not being the parent or child of the tenant, the court may make an order for possession. The court on its part will have to consider the reasonableness of removing such lodger. Abatement notice: Where the landlord has been served with an abatement notice by a public authority in respect of a dilapidated property constituting health hazards, the landlord must prove that the notice cannot be complied with while the tenant is in possession. Substantial repairs: The question to be asked in determining what would constitute repairs is: is it something which affects the whole, or is it simply an injury to a portion, of the leased property? If it is the whole, it is a renewal, and if it is a portion, it is repair. Further, if the repairs can be carried out with the tenant in possession, however inconvenient it may be to the tenant, recovery of premises on this ground will fail. The court may make an order for possession on the grounds of personal use of the landlord, use by any son or daughter of his over eighteen years of age, or by the landlord’s father or mother. This is another commonly- used reason for seeking recovery of premises. Whatever your reasons are for wanting to recover your premises from a tenant, try not to resort to self-help. Source: www.thenigerialawyer.com/landlord-and-tenant-relationship-recovery-of-premises/ www.naijapropertiesonline.com 4 Likes 2 Shares |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 7:20am On Mar 25, 2017 |
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Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 7:15am On Mar 27, 2017 |
Interesting |
Re: Recovery Of Premises, Landlord And Tenant Relationship by dennisworld1(m): 12:21pm On Mar 27, 2017 |
PropertiesNaija:thanx for this. Have a question. What about if the tenant did not pay maybe let's say landlord fees which is optional. After parking in he want to destroy and reconstruct a window which is not part of the house plan. Can we boot that person out. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 2:21pm On Mar 27, 2017 |
dennisworld1: Tenancy agreement is a contract.. If there is any development that is outside the agreement by the landlord and tenant, but which does not negate the contents of the original tenancy agreement, then it would be deemed that the tenant has breached it..if he does not comply. Particularly when it has to do with the subject matter of contention. I believe the agreement should contain all other sundry fees the tenant is expected to pay..and if not, he may choose not to pay. If there was no agreement about it from the beginning. He cannot be regarded as not perfecting his dues in this regard, and cannot be forced to pay. Also, the tenant has no right to reconstruct, renovate or upgrade the property without the landlord's consent.. Even if it's a leasehold agreement, permission must still be sought. So in that regard, the tenant has erred. So in this light, the landlord or the representative thereof, should meet with the tenant and try to resolve the issue. failure of which they tenant may be asked to leave after the expiration of his tenancy. And if he proves stubborn, just increase the fees to an amount that he has no choice than to move out..instead of going through arbitration, which may take a longer process. #My_Opinion 1 Like |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 6:37am On Mar 28, 2017 |
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Re: Recovery Of Premises, Landlord And Tenant Relationship by iKnowevents(m): 7:17am On Mar 28, 2017 |
Utmost goal in life, to live in my own house. Tenant and landlord wahala is one reason for Hbp. Nice and insightful. You can execute your classy wedding comfortably with 805K. For breakdown https://www.nairaland.com/3706288/simple-classy-wedding-total-expenses#54986214 |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Rick9(m): 7:19am On Mar 28, 2017 |
Recession |
Re: Recovery Of Premises, Landlord And Tenant Relationship by jazinogold(m): 7:22am On Mar 28, 2017 |
hmm |
Re: Recovery Of Premises, Landlord And Tenant Relationship by sakalisis(m): 7:24am On Mar 28, 2017 |
Re: Recovery Of Premises, Landlord And Tenant Relationship by money121(m): 7:24am On Mar 28, 2017 |
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Re: Recovery Of Premises, Landlord And Tenant Relationship by Captain1Nigeria(m): 7:24am On Mar 28, 2017 |
Nice one |
Re: Recovery Of Premises, Landlord And Tenant Relationship by UIA04(f): 7:31am On Mar 28, 2017 |
Alternative accommodation for llagos tenants Laughs in Spirit powers |
Re: Recovery Of Premises, Landlord And Tenant Relationship by househunterman(m): 7:36am On Mar 28, 2017 |
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Re: Recovery Of Premises, Landlord And Tenant Relationship by Rett0: 7:39am On Mar 28, 2017 |
A friend of mine lives in Lekki and on expiration of his yearly rent, he begged the Landlord that due to hard times, he has half year rent and offered a postdated cheque for the balance but the Landlord got angry and began insulting him and told him to quit his house at the end of his half year rent. To buttress his point, he issued a 6 month backdated notice terminating on the expiration of the half year rent. The proof that the notice was backdated is that the date on the notice is earlier than the date he paid the Landlord the half year advance as this is traceable because he said he paid in cheque.. What should he do as a tenant in this case?? |
Re: Recovery Of Premises, Landlord And Tenant Relationship by eastman11: 7:55am On Mar 28, 2017 |
Thanks Bro. How do i handle a situation where my landlord wrote me through his lawyer to pay my house rent which is due to expire by 31st July, 2017 on or before the due date or consider this letter a quit notice. I have never owed him before. Can't i pay my house rent a month or two after expiration. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Xkalaban(m): 7:57am On Mar 28, 2017 |
Nice info op. You just confirmed somethings that I'm not quite sure of. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by vertueptime: 7:58am On Mar 28, 2017 |
Pack out. Rett0: |
Re: Recovery Of Premises, Landlord And Tenant Relationship by ccasilas(m): 8:09am On Mar 28, 2017 |
Thank for the information, please want to ask some questions, In a situation where the landlord sold a house for another person and during the transaction it was claiming by the agent who did sold the house that every tenants in the house were owing, then agreement and contract of sale completed and signed. It later turn out that some tenant were saying there rent is yet to be expired, but they failed to provide both receipt and agreement from the previous landlord now (mean no proof of any document that they are legal tenant in the house ) and the New landlord wanna recover the property by evacuate them. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by ccasilas(m): 8:10am On Mar 28, 2017 |
How much ? PropertiesNaija: |
Re: Recovery Of Premises, Landlord And Tenant Relationship by ccasilas(m): 8:10am On Mar 28, 2017 |
Thank for the information, please want to ask some questions, In a situation where the landlord sold a house for another person and during the transaction it was claiming by the agent who did sold the house that every tenants in the house were owing, then agreement and contract of sale completed and signed. It later turn out that some tenant were saying there rent is yet to be expired, but they failed to provide both receipt and agreement from the previous landlord now (mean no proof of any document that they are legal tenant in the house ) and the New landlord wanna recover the property by evacuate them. PropertiesNaija: |
Re: Recovery Of Premises, Landlord And Tenant Relationship by bettercreature(m): 8:20am On Mar 28, 2017 |
Incomplete information! Not good enough from a property lawyer 1 Like |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 8:22am On Mar 28, 2017 |
ccasilas: This is a case of misrepresentation by the seller of the property to the buyer. Whether it is a fraudulent or innocent misrepresentation, is left for the courts to decide. However, such transactions are voidable.. at the instance of the buyer. Concerning the lack of proof(s) of payment by the tenants. It will be deemed that they did not furnish any consideration (payment) to warrant a further stay, in so far as their original landlord (or his agent) has denied knowledge of such. The best thing is for the buyer to invite the seller to meet with the tenants so as to get them out. They are/ were his tenants and not that of the buyer. After which a notice of recovery of premises may be issued to them. Their case has little chance at arbitration, if they want to pursue it to that extent. #My_Opinion |
Re: Recovery Of Premises, Landlord And Tenant Relationship by paradigmshift(m): 8:23am On Mar 28, 2017 |
God bless the oba ...may you live long |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 8:24am On Mar 28, 2017 |
bettercreature: No one claimed to be a property lawyer here.. If you have a contrary opinion, share it. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 8:25am On Mar 28, 2017 |
ccasilas:You can place a call or send a mail. Thank you. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 8:27am On Mar 28, 2017 |
eastman11: Get a lawyer, You do have a strong case.. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Rett0: 8:29am On Mar 28, 2017 |
vertueptime: Do you know what it takes to park out from Lekki? Bulk rent+Agency+Agreement takes millions... If parking out was that easy, Government wouldn't have made provisions for 6 months notice... Did you read the part he said the notice was backdated? By the way do you stay alone? |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Nobody: 8:32am On Mar 28, 2017 |
Rett0: Your friend should try to convince the landlord otherwise and make him see reasons with him. He shouldn't forget to get. lawyer as well to prove the forgery at arbitration, where he is bound to be given some months extra after his payment lapses so he can move out. Reason why he should try t convince the landlord is to avoid all the legal drama, which will soil their relationship and eventually lead to him moving out at the end of the day. Though he has a strong case at arbitration. #My_Opinion |
Re: Recovery Of Premises, Landlord And Tenant Relationship by Rett0: 8:35am On Mar 28, 2017 |
PropertiesNaija: Alright. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by OLUJOSHINS(m): 8:38am On Mar 28, 2017 |
PropertiesNaija: Pls explain the process involved in issuing quit notice. |
Re: Recovery Of Premises, Landlord And Tenant Relationship by ccasilas(m): 8:46am On Mar 28, 2017 |
thanks for the response, but i was thinking in my opinion that no one should be negligence to the point of made any payment without a receipt , and according Lagos tenancy paying money without receipt is amount to Non-payment of due and the owner has denied of receiving of any payment from them and again it could possible for any tenant to come up with any claim that his or her rent is due between certain period to certain period without receipt or any contract that stipulated the time of rent Now the new landlord refuse to accept the claim asking them to provide any teller or any document signed that the old landlord received money from them which only one can be able to provided so what is ur opinion on this ? PropertiesNaija: |
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