Lagos Landlords To Face 3-Month Jail Term
January 20, 2010 16:37 (1 hour ago), 49 views
By Eromosele Ebhomele


A law that will land many Lagos landlords in jail for three months or pay a fine of N100,000 if they collect more than three-month rent advance is on the way.

The Tenancy Bill, which is slated for public hearing tomorrow, has some sections which some landlords in the state consider very harsh.

One of such is Section 4, subsections 1, 2 and 3 which states that: “It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant, rent in excess of three months in respect of any premises.

Another stated: “It shall be unlawful for a sitting tenant to offer or pay rent in excess of three months in respect of any premises.”

According to subsection 3 of the same section: “Any person who receives or pays rent in excess of what is prescribed in this section shall be guilty of an offence and shall be liable to a fine of N100,000 or three months imprisonment or any other non-custodial disposition.”

Section 5 of the bill further prescribes a N10,000 fine for landlords who fail to issue receipts to their tenants upon payment of the rent. It further states that, “Where a tenant, with the previous consent in writing of the landlord, effect improvements on the premises and the landlord determines the tenancy, such a tenant shall be entitled to claim compensation for the effected improvements on quitting the premises.”

Section 9, subsection 2 and 3 state respectively: “No landlord shall demand or receive any additional fees, charges or rates outside the agreed rent for premises, for services that the tenant has not expressly contracted for.

“No sitting tenant will be liable to pay any agency or other fees outside the contracted rent, unless expressly agreed at the inception of the tenancy.”

The bill further tasked landlords never to take laws into their hands but seek redress in the courts should there be issues between them and their tenants.

However, some landlords in Lagos have expressed displeasure with the bill. They expressed their disappointment with those who proposed the bill.

While some have threatened to go to court over the bill, others claim that the bill, when passed into law, would not work in the state.

The landlords based their argument on the cost of building a house in the state. They claimed further that they source for funds with which they erect their buildings. “How do they want us to get our money back?” one of the landlords asked.

Meanwhile, the Lagos State House of Assembly says it may invite the state Ministry of Agriculture and Cooperatives to clarify some allegations leveled against it by the Civil Society Club of Nigeria (CSC) recently.

Chairman of the House Committee on Agriculture and Cooperatives, Hon. Babatunde Adewale, who disclosed this said that the committee would ensure a thorough investigation of the case.

Among the allegations was that unscrupulous butchers still operated an illegal loading bay at the Irepolodun Market in Oko-Oba Abattoir, Agege.

Comrade Babatunde Ashafa, the coordinator of the CSC, further alleged that some of the butchers were fond of killing sick cattle at night and selling them to unsuspecting buyers in the morning as fresh meat.

http://thepmnews.com/2010/01/20/lagos-landlords-to-face-3-month-jail-term

Otobroto:


Another stated: “It shall be unlawful for a sitting tenant to offer or pay rent in excess of three months in respect of any premises.”

According to subsection 3 of the same section: “Any person who receives or pays rent in excess of what is prescribed in this section shall be guilty of an offence and shall be liable to a fine of N100,000 or three months imprisonment or any other non-custodial disposition.”[/b][/color]

Section 5 of the bill further prescribes a N10,000 fine for landlords who fail to issue receipts to their tenants upon payment of the rent. It further states that, “Where a tenant, with the previous consent in writing of the landlord, effect improvements on the premises and the landlord determines the tenancy, such a tenant shall be entitled to claim compensation for the effected improvements on quitting the premises.”

Section 9, subsection 2 and 3 state respectively: “No landlord shall demand or receive any additional fees, charges or rates outside the agreed rent for premises, for services that the tenant has not expressly contracted for.

“No sitting tenant will be liable to pay any agency or other fees outside the contracted rent, unless expressly agreed at the inception of the tenancy.”

The bill further tasked landlords never to take laws into their hands but seek redress in the courts should there be issues between them and their tenants.

However, some landlords in Lagos have expressed displeasure with the bill. They expressed their disappointment with those who proposed the bill.

While some have threatened to go to court over the bill, others claim that the bill, when passed into law, would not work in the state.

The landlords based their argument on the cost of building a house in the state. They claimed further that they source for funds with which they erect their buildings. “How do they want us to get our money back?” one of the landlords asked.

Meanwhile, the Lagos State House of Assembly says it may invite the state Ministry of Agriculture and Cooperatives to clarify some allegations leveled against it by the Civil Society Club of Nigeria (CSC) recently.

Chairman of the House Committee on Agriculture and Cooperatives, Hon. Babatunde Adewale, who disclosed this said that the committee would ensure a

Na today? Abeg, all these laws no dey work for Lagos, becos they too are house owners!.

^^^^ what are you saying?

These laws are no different than what most expect in developed countries.
Good for lagos state for making these laws, the state is moving ahead.

nice one. we need more affordable housing.

Very soon, i am sure that it is the Tenant that will take the govt to court, when there is no house for them to rent.

What the the law lacks is enforcement - I rest my case

blacksta:

What the the law lacks is enforcement - I rest my case

How do they plan to enforce it.
There is still something called Demand and Supply.

blacksta:

What the the law lacks is enforcement - I rest my case

You need not rest your case, because it is very obvious that, many of such laws never saw the light of day!.

blacksta:

What the the law lacks is enforcement - I rest my case

Can you Police such laws "with our N20 N20 Police men?". I will never work!

Gbam. Even the tenants -especially the Okoro ones-will be willing and ready to pay years of rent behind the scene. Who go report who to the govt?

Fhemmmy:

Very soon, i am sure that it is the Tenant that will take the govt to court, when there is no house for them to rent.

chosen04:

Can you Police such laws "with our N20 N20 Police men?". I will never work!

It is not even about the cop, there is no accommodation, the govt cant build for the people, and people wont sleep on the street  . . . so what would the govt do, if the landords sends the tenant packing?

Fhemmmy:

It is not even about the cop, there is no accommodation, the govt cant build for the people, and people wont sleep on the street  . . . so what would the govt do, if the landords sends the tenant packing?

Nothing!. Meanwhile, our Okoro brothers will never allow such laws work, because of their way of life (accommodation-wise). They are ready to pay 5 years, in advance to secure any accommodation.

Otobroto:


Nothing!. Meanwhile, our Okoro brothers will never allow such laws work, because of their way of life (accommodation-wise). They are ready to pay 5 years, in advance to secure any accommodation.

Some people are even willing to take loan to get a house, so how can the govt enforce such mickey mouse law
trust me, i am for such law. . . .but just wont work in Lagos

Rubbish law! The only way government is able to control these markets is by providing enough public housing to reduce the pressure private tenancy, the market would start to decline slowly, and the terms would fall into place. Too many homeless people for a law to fix the problem.

Problem: The economic distance is so much that only 20% of the population account for 80% of the wealth; how do people build their own houses? How do they get mortgages?

Answer: Take from the rich and give to the poor. Enact laws that would see good taxation on property transactions. For example, any property above 75 million would pay a 15% tax on transaction of sale + annual property tax. Take this money and earmark it SOLELY for public housing, make it more affordable and the societal strata would start to come closer together.

aahmed112:

Rubbish law! The only way government is able to control these markets is by providing enough public housing to reduce the pressure private tenancy, [color=#006600]the market would start to decline slowly, and the terms would fall into place. Too many homeless people for a law to fix the problem.[/color]

Problem: The economic distance is so much that only 20% of the population account for 80% of the wealth; how do people build their own houses? How do they get mortgages?

Answer: Take from the rich and give to the poor. Enact laws that would see good taxation on property transactions. For example, any property above 75 million would pay a 15% tax on transaction of sale + annual property tax. Take this money and earmark it SOLELY for public housing, make it more affordable and the societal strata would start to come closer together.

I strongly believe that, the only way these issues will be addressed is that, government through government-private partnership, should build at least, low cost housing units for the populace. That way, the law of demand and supply, will operate and drive the market force, which will drive down the demand of houses, from these shylock landlords.

Lagos is on high gear with good control. Effort !!!! Effort is the key here.  

The enforcement is going to be easy because if you are the tenant you can sue the landlord for any childish game he may want to start. This is just one of the great equality beginning and Lagos is once again a leading pioneer. The state that brought democracy to Nigeria. A great state indeed. Greed will be the next ones to be hit and many more including tribal discrimination laws, land size laws, individual rights laws, etc

May God bless Lagos state and amuwo odofin area, FTT.  Fashola is just my homie 4 real, and also a great Nigerian.

naijaway:

Lagos is on high gear with good control. Effort !!!! Effort is the key here.  

The enforcement is going to be easy because if you are the tenant you can sue the landlord for any childish game he may want to start. This is just one of the great equality beginning and Lagos is once again a leading pioneer. The state that brought democracy to Nigeria. A great state indeed. Greed will be the next ones to be hit and many more including tribal discrimination laws, land size laws, individual rights laws, etc

May God bless Lagos state and amuwo odofin area, FTT.  Fashola is just my homie 4 real, and also a great Nigerian.

Lets say it from the reality aspect of it. No poor tenant can sue his landlord. Immediately you attempt that, you are a gunner!. Once you try such, he/she will device every means possible to get you ejected. He doesn't mind giving you three whole months to scram!. If in 3 months you are still there, may GOD help you.

naijaway:

Lagos is on high gear with good control. Effort !!!! Effort is the key here.  

The enforcement is going to be easy because if you are the tenant you can sue the landlord for any childish game he may want to start. This is just one of the great equality beginning and Lagos is once again a leading pioneer. The state that brought democracy to Nigeria. A great state indeed. Greed will be the next ones to be hit and many more including tribal discrimination laws, land size laws, individual rights laws, etc

May God bless Lagos state and amuwo odofin area, FTT.  Fashola is just my homie 4 real, and also a great Nigerian.

agreed I await the tribal discrimination laws and individual rights laws . . . . I know its commin

chosen04:

Can you Police such laws "with our N20 N20 Police men?". I will never work!

maybe in your own state but in Lagos implementing of laws and enforcing them is possible. The state itself has always been progressive in history since the 1800's and will remain that way.

Otobroto:

Lets say it from the reality aspect of it. No poor tenant can sue his landlord. Immediately you attempt that, you are a gunner!. Once you try such, he/she will device every means possible to get you ejected. He doesn't mind giving you three whole months to scram!. If in 3 months you are still there, may GOD help you.

The law would only apply to the tenant and landlord if the tenant wishes to bring charges against the landlord. If the tenant knows he does not have money to move elsewhere then he shouldnt file any lawsuit against the landlord. Thats how it is in America, UK etc and thats how it should be in Nigeria.

Its simple if the tenant doesnt have any other place to stay he shouldnt report his landlord and just pay whatever the landlord asks for.

r u guys even sure d law 'll be effective??

I dont think it 'll help

This is not the first time we've heard of these laws but the law makers who are landlords will frustrate the effort.

Fhemmmy:

Very soon, i am sure that it is the Tenant that will take the govt to court, when there is no house for them to rent.

are u for real?
so the landlord prefers his house empty?

Fhemmmy:

How do they plan to enforce it.
There is still something called Demand and Supply.

and their something called regulation

It would be wonderful if this law can be implemented and not just lip talking. At least relocation wahala in Lagos would become a thing of the past.

The highest I've heard or seen anyone pay to a  Landlord in advance here in the UK, even as a new tenant is 6 weeks security deposit and 1 month rent in advance. This does not matter whatever the demand and supply situation is.

If the government is serious about enforcing this Law, then the better for tenants in the State.

tkb417:

and their something called regulation

Called regulation? In a de-regulated economy?

Otobroto:


You need not rest your case, because it is very obvious that, many of such laws never saw the light of day!.

gimme one of such laws

i hope lastma people in lagos havent arrested u b4

or lets put it this way, try taking a one-way and lets see if ur anti-govt pranks/disposition will save u frm an arrest

chosen04:

Called regulation? In a de-regulated economy?

are u serious?

de-regulated economy?

tell me the name of the company that supplies u power in the country

and de-regulation means what?

throwing a wild party for capitalists? no frameworks by the govt to ensure sanity?

is that what de-regulation means? No sir!

First thing first, I guess it is a step in the right direction. However, there are fundamental issue that need to be viewed in proper perspective,

1. Law of Demand and Supply
2. Does the Tenant have substitute - (option to call the bluff )
3. Who reports who? Don't 4get, the Landlord first and foremost earned the loyalty of the tenant, whichever way you look at it.
4. After reporting the issue, will the tenant have the audacity to stay in the rented apartment thereafter. (A kin ti court dey ka se ore - interpretation - when we get back from court, friendship is not an option)
5. Where is the judicial capacity to hear this case
6. Is the government really ready for the showdown resulting from this ready?

I would rather the we propose laws that feasible that can be operational with less energy and resource utilization.

3 months appears to be too small a time, 6 months or a year would have wider acceptance for the operation of this law.

I will also, suggest the government face there duty and deliver on there promise of 7 points agenda!!! E fi epa sile en pa lapalapa!

We have heard case in court between landlord an tenants, such case where decided in the absence of the tenant and same becomes binding. What does it cost to rent an hungry man to represent the tenant and the importer deny the allegation , Naija lawa!!!!

One of such is Section 4, subsections 1, 2 and 3 which states that: “It shall be unlawful for a landlord or his agent to demand or receive from[b] a sitting tenant[/b], rent in excess of three months in respect of any premises.

Another stated: “It shall be unlawful for a sitting tenant to offer or pay rent in excess of three months in respect of any premises.”

@Poster

Please help us post the law as it affects the un-sitting-yet tenants. Thanks

calyx:


@Poster

Please help us post the law as it affects the un-sitting-yet tenants. Thanks

lol
the law that covers the sitting tenant will be applicable to the un-sitting-yet tenants

He was donating 1,000,000 dollars to Haiti.Money that could have been used to build a housing estate.He is busy intimidating landlords

hollandis:

He was donating 1,000,000 dollars to Haiti.Money that could have been used to build a housing estate.He is busy intimidating landlords

Charity begins at home, so Fashola, what is the meaning of this?