The first 6 months notice was sent in April 2010 to all tenants through my lawyer, the second 6 months notice followed 9 months later. In short, up till now the tenants are still living in the property giving different stories and I have to pay for there annual tenament rate. One said she has not found place to move to, 2nd tenant said she's been admitted to the hospital for the past 6 months and therefore unable to make a move while the last one hired a lawyer claiming he has paid is rent up till ending of August 2011 so he's not ready to leave. (the other 2 tenants have stopped payment since the notice was issued.)

I know the tenants are taking me for granted because they know that I live in the UK and does not know much about these stuff. After almost 2yrs of campaign my lawyer is now planning to sue the tenants to court.

This tenants has costed me a lot and I'm still struggling to believe this- at one point I almost hire military guys to beat and throw them out but advised not to cos they are covered by law.

Is my lawyer doing the right thing?
What can I do to kick this idiots out?
Are the tenants covered at all? Guys please advise cos I'm going insane.

All response will be highly appreciated thanks.

Why wait 2 years to take them to court? After the 6 months notice, u should av taken dem to court immediately. Make sure u sue them for your unpaid rent.

I know of a Housing firm that handle property matters such as property laws and issues like this and have one up to 150 house cases so it depends on you if you want to let me help you,here is my phone number:08136224028 so call me and lets discuss.

I don't think there's any law which cover home owner- I'm only following the lawyer's advise.

In addition I'm told that it could take up to another 1 year to resolve if taken to court and I have to pay court charges.


Which world are we in Nigeria?

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Nigeria is a very religious country so pray to god for his assistance.

The appropriate thing is to go to court. Usually if you served the 6 months notice and it was not complied with, then the court will award the case in your favour and will also award costs. The tenants will be given a day to pay up and vacate. If they fail, the court can then move in to effect seizures and eviction until you are paid.

Here's a radical advice although I'm no lawyer but having been in contract issues, I guess this is my own opinion.


Get the police and "forcefully" eject the other two. Let them take you to court; you have a tenancy agreement which is binding and since it's binding, the state law shouldn't cover them. To my understanding, a state law cover you when there is no contractual agreement. Next time when you rent your house, draft a thorough lease agreement where a tenant will waive their right to be forcefully removed i.e. if they don't leave your bldg after a certain period of them,

Are you sure your lawyer is not in cahoots with your tenants?
You dey sweat for mama Charlie for boys are not 'smiling' UK, dem dey laff @ your bombom?
Throw 'em out firstly [& legally too]
Then get decent property managers [maybe a renowned estate agent or something] to manage your property for you

Why are people like this? Because the landlord is lenient, they have decided to play him for a fool.
Is it their fault? Is it not OP that is busy dulling himself?
If it was to be one of those money hungry and ruthless landlords their sorry behinds would have been thrown out long ago and one of them would probably come to NL to complain that his landlord is heartless.

Why don't you hire people to to throw them. You don't have to cause them physical harm but you ca n certainly remove them. It is your property abi

I was very close to my former landlord so he was finding it hard to eject me along with the others. So after after serving quit notice to the others two months earlier, he finally paste notice that the house had been sold and the new owners are to take possession in 3 months time. The rest is self explanatory, we all know what will happen with a new owner taking over. The first guy relocated after three weeks and the rest automatically followed suit

First of all, your Lawyer should have prepared a "Deed of Lease" rather than a "Tenancy Agreement". Before the lease expires, your Lawyer was supposed to give them notice according to the lease agreement but if it was a tenancy agreement, the tenant is covered even though he or she is owing rent. Under the tenancy agreement, if a tenants pays for rents in bits, it is still rent in as much as he or she has paid something.

Tell your Lawyer to get an eviction notice from the court as soon as possible since he has already given them 6 months notice. You can say you want to renovate the houses, if they prove stubborn, buy three trips of chippings and four trips of sand or laterite and tip them inside the compound and in front of the gate, no one will tell them you are serious.
If they still refuse to leave, get a Carpenter to pull the roofs of the building after which the doors and windows will go next.

If you don't act now, they won't take you serious because your lawyer has his limits since he is just representing you.

What can I do to kick this idiots out?

Mind your language.

change ur lawyer and introduce a radical  1 to handle ur properties, a tenant was owing my dad 4 2yrs when we changed our lawyer he moved quickly out of d house.

hey dts bad, i need a copy of the notices to see if they are in fact valid. call me 08053779782, or are u sure your lawyer did not renew thier tenancy since you aint around?

skyper those kind of leases dont work in nigeria. even with the lease you still have to go to court to evict am ooh

My late mum rented the appartment out without any contract. Those days elderly people do things base on trust, unfortunately it does not work anymore.

No close relative except a sister who's married and has zero idea regarding this issue. My lawyer is an old man with old idea, unfortunately I've wasted too much time with him.

My next step:
I have copies of all 3 quit notice sent to the tenants, hopefully with this I can get a reliable lawyer to eject them before the end of the year.

Thanks for your tips

Absolute rubbish from your lawyer sorry to say! Once the quit notice has been filed validly for 6 months, any day over that 6 months notice means the tenant is holding over that property illegally and he no longer becomes a tenant but a tenant at sufferance and from there onwards you dont need to issue him a quit notice again but an OWNERS INTENTION TO RECOVER PREMISES in 7 DAYS And from there onwards the tenant practically has no defence legally when the matter will be filed at the rent tribunal nearest to you. Tops with all the adjournment within 3 to 5 months the  court balliffs will personally come to serve them to eject them of the premises compulsorily. So its a no brainner for a lawyer with half a brain in litigation!

scopusng:

What can I do to kick this idiots out?

Mind your language.

^^^Are you one of the guy tenant? Abeg make una pay am e money oohh, to build house nor easy ohhh

@ Lawyer

My lawyer has issued 2x 6 months quit notice and recently issued a 7 days notice which has expired since last month.

What should be the next step?

bros, this your lawyer is incompetent sha. I say fire him/her and get another.
Your current lawyer sucks at his job and is just pulling things out of his/her arse for reasons no one knows.

your lawyer is not doing his job and not competent, fire your lawyer and give the job to new firm and you will see action or maybe your lawyer has compromise.

2buff

You're right, initially I was made to believe by everyone that it's the right process couple with the fact that I'm not in Naija.

Its jx very easy. In a nutshell,give them a very reasonable time 4 IMMEDIATE RENOVATION. Then, make sure u dnt leave there. Unroof the house & unfence d house. If they av cars,their Vehicle insurance policies wil be @ Stake.

Who is mama Charlie?

Please do not listen to all these people saying remove door and roof. Once u do so, u will fall into ur tenants trap and they will have the upper hand if they go to court. The law protects them from that kind of stuff. Follow what lawyer has posted and u will be fine. Do not spoil ur case by running foul of the law.

lawyer:

Absolute rubbish from your lawyer sorry to say! Once the quit notice has been filed validly for 6 months, any day over that 6 months notice means the tenant is holding over that property illegally and he no longer becomes a tenant but a tenant at sufferance and from there onwards you dont need to issue him a quit notice again but an OWNERS INTENTION TO RECOVER PREMISES in 7 DAYS And from there onwards the tenant practically has no defence legally when the matter will be filed at the rent tribunal nearest to you. Tops with all the adjournment within 3 to 5 months the  court balliffs will personally come to serve them to eject them of the premises compulsorily. So its a no brainner for a lawyer with half a brain in litigation!

lawyer, you are the real deal, I enjoyed reading your story about tenacious due diligence and protecting your client!


https://www.nairaland.com/nigeria/topic-595696.0.html

OP, U need to change your old man lawyer. I guess you probably "inherited" his services from your late mum because he is the lawyer handling her estate. Just get a young counsel that has something to prove and a reputation to build. He'll flow with you.

Your next step after the expiration of the 7days notice is to file actions for Recovery of Premises preferably at a Court of Summary Jurisdiction i.e. Magistrate Court/Rent tribunal. Thankfully, their jurisdiction have been expanded to catch up with the times. The High Court is to be avoided as much as possible. Where is the location of the property sef? The whole thing from issuance of Court processes to judgement execution shouldn't last more than 3-5 months under the new regime of Court rules. And you should go after your outstanding rent too (Hopefully, we won't find trouble fetching the necessary evidence in this regard- cuz its not enough to just say it!). And trust me, by the time they find themselves answering Court summons repeatedly, they will approach you for settlement or just leave.

Lets talk man. k.ayinde@adenijikazeem.com.

Loses war with force.
DIALOGUE is the best weapon.