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Tenants Can Sue Their Landlords For Arbitrary Increase In Rent - Properties - Nairaland

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Tenants Can Sue Their Landlords For Arbitrary Increase In Rent by Barristerlaw(m): 3:37pm On Jun 27, 2012
The act of unilateral increase of rent with an unimmaginable and unreasonable percentage by landlords every year without any justification has now become a thing of the past.landlords undoubtedly have the right to increase rent subject to the test of reasonability.however,where the increase is oppressive and unreasonable,tenants have the righ to apply to court to have it reviewed.The reasonability test here is determined by the current rent applicable in the area for that particular time.on this tenants in lagos state are fortified by the provisions of Section 37(1)-(4) of Lagos State tenancy Law 2011.For clarity, the provisions of the aforementioned sections is hereinafter reproduced seriatim:
37-(1) Subject to any agreement to the contrary,an existing tenant may apply as in form TL11 to the court for
an order declaring that the increase in rent payable under a tenancy agreement is unreasonable.
(2)in determined whether an increase in the rent is unreasonable,the court shall issue hearing notice as in form TL12 to the landlord and shall consider the application on the followig grounds-
(a) the general level of rents in the locality or a similar locality for a comparative analysis;
(b) evidence of th witnesses of the parties;and
(c) any special circumstances relating to the premises in question or any other relevant matter.
(3)if satisfied that the increase in the rent is unreasonable,the court may order as in form TL13 that the increase in the rent be changed to a specific amount.
(4) notwithstanding the provisions of any law,it shall be unlawful for a landlord to eject a tenant from any
premises pending the determination of the action.
This provision of the law is to protect the oppressed tenants against abuse from Landlords in Lagos and also to check their excesses.That notwithstanding,it is trite that vigilantibus non domientibus jura subveniut meaning equity aids the vigilant and not the indolent.if a man sleeps on his right there is nothing the law can do
for further enquiry or clarification contact lagoslawgurus@gmail.com,akinolaesq@yahoo.com or +2348032493960
Re: Tenants Can Sue Their Landlords For Arbitrary Increase In Rent by omogidi234(m): 8:39pm On May 03, 2013
Barristerlaw: The act of unilateral increase of rent with an unimmaginable and unreasonable percentage by landlords every year without any justification has now become a thing of the past.landlords undoubtedly have the right to increase rent subject to the test of reasonability.however,where the increase is oppressive and unreasonable,tenants have the righ to apply to court to have it reviewed.The reasonability test here is determined by the current rent applicable in the area for that particular time.on this tenants in lagos state are fortified by the provisions of Section 37(1)-(4) of Lagos State tenancy Law 2011.For clarity, the provisions of the aforementioned sections is hereinafter reproduced seriatim:
37-(1) Subject to any agreement to the contrary,an existing tenant may apply as in form TL11 to the court for
an order declaring that the increase in rent payable under a tenancy agreement is unreasonable.
(2)in determined whether an increase in the rent is unreasonable,the court shall issue hearing notice as in form TL12 to the landlord and shall consider the application on the followig grounds-
(a) the general level of rents in the locality or a similar locality for a comparative analysis;
(b) evidence of th witnesses of the parties;and
(c) any special circumstances relating to the premises in question or any other relevant matter.
(3)if satisfied that the increase in the rent is unreasonable,the court may order as in form TL13 that the increase in the rent be changed to a specific amount.
(4) notwithstanding the provisions of any law,it shall be unlawful for a landlord to eject a tenant from any
premises pending the determination of the action.
This provision of the law is to protect the oppressed tenants against abuse from Landlords in Lagos and also to check their excesses.That notwithstanding,it is trite that vigilantibus non domientibus jura subveniut meaning equity aids the vigilant and not the indolent.if a man sleeps on his right there is nothing the law can do
for further enquiry or clarification contact lagoslawgurus@gmail.com,akinolaesq@yahoo.com or +2348032493960

Many thanks sir,

May I humbly ask how do we determine arbitrariness? I mean if a tenant is paying the sum of N450, 000 for a 3 bedroom apartment in Oke-Ira, Ogba for example and the landlord increases by N50, 000, will you say it is arbitrary?

In other climes, at least I know of Canada, rent review is highly regulated, such regulations usually are based on data and statistical analyses of rents of similar apartment with similar amenities. Do we have that kind of system in Nigeria or at best in Lagos?

It would be a great challenge enforcing that section of the Law.
Re: Tenants Can Sue Their Landlords For Arbitrary Increase In Rent by spyder880(m): 5:44am On May 04, 2013
Barristerlaw: The act of unilateral increase of rent with an unimmaginable and unreasonable percentage by landlords every year without any justification has now become a thing of the past.landlords undoubtedly have the right to increase rent subject to the test of reasonability.however,where the increase is oppressive and unreasonable,tenants have the righ to apply to court to have it reviewed.The reasonability test here is determined by the current rent applicable in the area for that particular time.on this tenants in lagos state are fortified by the provisions of Section 37(1)-(4) of Lagos State tenancy Law 2011.For clarity, the provisions of the aforementioned sections is hereinafter reproduced seriatim:
37-(1) Subject to any agreement to the contrary,an existing tenant may apply as in form TL11 to the court for
an order declaring that the increase in rent payable under a tenancy agreement is unreasonable.
(2)in determined whether an increase in the rent is unreasonable,the court shall issue hearing notice as in form TL12 to the landlord and shall consider the application on the followig grounds-
(a) the general level of rents in the locality or a similar locality for a comparative analysis;
(b) evidence of th witnesses of the parties;and
(c) any special circumstances relating to the premises in question or any other relevant matter.
(3)if satisfied that the increase in the rent is unreasonable,the court may order as in form TL13 that the increase in the rent be changed to a specific amount.
(4) notwithstanding the provisions of any law,it shall be unlawful for a landlord to eject a tenant from any
premises pending the determination of the action.
This provision of the law is to protect the oppressed tenants against abuse from Landlords in Lagos and also to check their excesses.That notwithstanding,it is trite that vigilantibus non domientibus jura subveniut meaning equity aids the vigilant and not the indolent.if a man sleeps on his right there is nothing the law can do
for further enquiry or clarification contact lagoslawgurus@gmail.com,akinolaesq@yahoo.com or +2348032493960

Can prospective landlords drag the land sellers to court for arbitrariness in increasing land prices, omo-onile arbitrary unlawful levies and forced charges?
Can the landlord drag Dangote or Ibeto to court for arbitrary increases in the cost of cement and get a fair hearing?

Any law that is made without considering the interests of all the stakeholders will always backfire.

1 Like

Re: Tenants Can Sue Their Landlords For Arbitrary Increase In Rent by dollybliz: 12:37pm On Jan 03, 2020
Nigeria is an unlawful country. Else, in Canada, all these landlords and tenants issues are addressed properly. An increase in rent as of 2020 has already been reviewed and set in Canada to be not more than 2.2%.

That means if your rent is 500k you can easily calculate that 500000/100*2.2 which will give you 11,000 is an open something.

But in Nigeria lawmakers cannot clearly state this because they know they own most properties in the country and by doing so, it will hit them too. No clearly stated the law to control or guide the tenant and landlord rent increase percentage.

Bleep
Re: Tenants Can Sue Their Landlords For Arbitrary Increase In Rent by Lagosfinder(m): 1:01pm On Jan 03, 2020
Interesting to know

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