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My House Sold Without A Quit Notice To The Tenants - Properties (4) - Nairaland

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Whose Duty Is It? The Landlord Or The Tenants? / My Landlady Just Brought A Quit Notice To Me Out Of The Blue! / My Landlord Served Me A Quit Notice And I Want To Know What What My Rights Are (2) (3) (4)

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Re: My House Sold Without A Quit Notice To The Tenants by candyguyofficia(m): 5:57pm On Nov 13, 2019
Simpubozz:
Please, lawyers in the house, i write to seek advice on this pressing issue.

Just of recent, we discovered the house where i rented a room has been sold. Though we have been hearing the rumor since last year but none of the landlords confirmed the rumor either through a letter or any other notification, not until today when a Tipper truck came to offload sand at entrance of the house.

The said house has been managed by Administrator General and Public Trustee of Lagos State over the years and this public Trustee department has been the one collecting rent. Again, they didn't not notify us through any formal means the intention to sell the property. Meanwhile, my rent will be due by December.

In as much as i don't have anything against the landlords selling the house, but i have these questions:

1. Shouldn't there be a prior and formal notification to sell the house?
2. Shouldn't there be a Quit Notice served to the tenants?
3. What step can i take to ensure my tenancy right is not cheated?
Please, your contribution is highly appreciated, because it seems they want to eject everybody out of the house in a very short time.

Mod please it will do me good if i can get more contributions by taking this to the front page. Thank you.
In the case of De Mattos v Gibson Knight Bruce L.J stated the principle
" Reason and justice seem to prescribe that, at least as a general rule, when a man by gift or purchase acquires property from another with the knowledge of a previous contract lawfully and for a valuable consideration made by him with a third person to use and employ the property for a particular purpose in a specified manner, the acquirer shall not, to the material damage of the third person, in opposition to the contract and inconsistently with it, use and employ the property in a manner not allowable to the giver or the seller". However, Wood V.C failed to adopt the principle from the dictum of Knight Bruce L.J years later Wood V.C adopted the principle in the case of Messages Imperiales Co. v Baines. The rule got a powerful booster when the Privy Council adopted it in Lord Strathcona Steamship Co. v Dominion Coal, although all this case apply for hire/mortgage/outright sale of ship it has same material fact for a house as ship and house are both property. (I believe you have a idea of your legal stance I will modify and tackle the issues you raised)

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Re: My House Sold Without A Quit Notice To The Tenants by candyguyofficia(m): 6:34pm On Nov 13, 2019
YorubaPrince:
Alert: I'm NOT a Legal expert or professional but, my comment stems from several years of common experience.

Well, the owner can sell his property at will, at anytime and at any price without initial notification to the tenants as (she)he is technically no longer the owner. In theory, they don't owe anybody explanation not even their creditors.

Of course in the case of creditors, the property would serve as a collateral / security which the new owner would have done proper case and due diligence to avoid any illegality.

You can take it up with the new owner / Landlord as they've assumed responsibilities and contractual agreement formerly borne by the previous owner. cool

The new owner MUST follow and abide by the due/legal process of the Landlord-Tenancy agreement.
I don't know your profession but I sure know that you have a diagnostic and analytical mind and you must be very experienced in life matter to successfully analyze issues

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Re: My House Sold Without A Quit Notice To The Tenants by GodgraciousR: 2:52pm On Apr 22, 2021
Good afternoon house. Pls I really need your advice especially from lawyers on this matter. I just rented a 3 bedroom apartment. After paying for the rent including the outrageous agreement and commission fee and repairing the house with over 500 000 naira. I even paid the outstanding power bill of almost 200, 000, which the caretaker said will be deducted from next year rent. This is where my question comes in. I was just informed that the house is up for sale, of which I was not informed before paying and potential buyers have been coming around. When I asked the caretaker and the landlord himself , they both confirmed the house is up for sale . I was to pack in this month ,but the caretaker pleaded with me that I should give him till end of this month to see how things turn out between them and the potential buyers. Pls what do you expect I do now. How do I get back my house rent, money spent in repairing the aparment , The NEPA bill, agent and commission fee and all . Thanks.

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