Lastpage's Posts
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Lagos people, come and hear this one o! ![]() To end the menace of land grabbing in Lagos, I ordered a complete excision on untitled land across the State today.My Thoughts: 1) What has Excision of Undocumented/Untitled (but owned) land, got to do with helping Community and Family land owners? Govt is seriously looking for Money and l am wondering if this is to force owners of such land to come forward and apply for C-of-O, which currently costs much more than the land itself. ![]() 2) Collecting Rent Annually, it is serious wahala for some House Owners, imagine now that they have to go and ask for it, every Month End? Even the Govt is not collecting Monthly Rent in its own built Houses, they just sel it outright. ![]() Anyone who cannot regularly pay an annual Rent (where he has a whole year to plan for the next rent!) will certainly not be able to pay regularly, if asked to pay monthly, especially for Traders/Business People whose cash-flow is unpredictable. Lastpage! |
bjtinz:Let us reason the matter together, Bro. Flogging or other forms of Corporal punishment, are not bullying in themselves, the problem arises from the MOTIVE and EXTENT of doing so. - What is your "Motive" for flogging your Child? Is it to CORRECT him as per a repeated wrong doing or is it to INFLICT PAIN on him? Do you know that some people enjoy and take a lot of pleasure (some, even unknowingly!) in inflicting Pain on others, even on thei rown Children? - Does the Parent have an idea of how much flogging is ENOUGH for a Child (Extent), depending on the age? Do you know that some Parents, maybe due to Anger and lack of Self Control, once they get into the "flogging mode", they wont stop until someone stops them or until they get tired? How do you explain a father flogging a Child to death? His own Child o! How do you explain a Mother putting Pepper inside the Vagina of her own daughter? It is these extremes that are classified as Bullying and Child abuse. I have flogged my Sons and my youngest Son has only been flogged Once in his Life time (he is a teenager right now) but since then, just showing him my "Red Eye" or Growling at him when he misbehaves, is enough to make him adjust. It is important for Parents to know the steps involved in using Corporal Punishment, despite the State Laws disallowing it. 1) Flogging or other forms of Corporal Punishment should only be administered as a "last resort". That is, after every manner of verbal entrities and Counselling has failed. 2) before flogging, have a one-on-one talk with such Child and explain to him/her, why you have No Choice than to resort to Floggin or other serious forms of Punishment,. Cite examples of how you have repeatedly tried to make the Child behave properly or obey instructions and how he/she has been obstinate. 3)Tell the Child how much Cane, he or she would be entitled to and stick with that number. If it is a Punishment, tell him/her how long it will last. Prepare the Child's Mind. 4) Administer the punishment (Flogging, Punishment) with love and not in anger. The "talk period" in #2 and #3 above is also to give you time, to overcome your initial Anger at the Child and gain Control over your Emotions. Most Parents "lose it", when they are angry with a Child and want to flog with Anger! Not good at all, we are too strong for a Child, to flog them with Anger. 5) After the Flogging or punishment cycle, tell the Child to frshen up immediately and then have a reconciliation talk with him/her. You see, Children are not like adults, they dont usually hold grudges for too long so, it is important you reconclie with your Child by letting him/her know that flogging /punishing him/her is also painful to you and you feel the pain and will not want it to occur again. That alone, will melt a Child's heart (well, a well-raised Child sha), to hear that the Parent is not happy flogging or punishing them. Finally, Cuddle or embrace yoru Child and repeatedly tell him/her: I love you, you hear? I love you very much and lwant you to turn out well, Dont do so again, you hear? But compare the above with a Parent who flogs and flogs until a Child passes-out or all the Back turn out like a badly made Ankara, with all manners of designs or uses Electric Wire to flog a 7yr old and flog strongly with Anger? Hwo does that show "Correction" or Love? That is what we term "Child abuse". You are abusing the fraility and helplessness of such Child. Will you flog your muscular 21yr Old Child that much and not expect 'a reaction', even if it is just to use his elbow to target your hand and cause you injuriy? ![]() So, flogging a Child is not Abuse but doing so in excess is an abuse. Parents need to be trained to understand when they are crossing the line. Ofcourse, l am an advocate of "Spare the rod, and spoil the child". there are times when you need to flog a Child, if he/she wants to prove stubborn and obstinate. Lastpage! |
annavanpraagh:How you take miss road , jam enter dis thread sef? Speak to you say who-die or because diarrhoea dey chook me for mouth or wetin? Abeg, carry ya Amebo longathroat waka commot for this thread go look for who wan do Aproko, for yonder. No be only phenomenon, na Philomena. Thread don close since! |
Mup4life:You are right Sir, l said l will do so around July/Aug/Sept or so, last year but certain events developed that required my Time and l left it half-way done. Apologies, MyBad! What l have in mind is a DIY, Step-by-Step explanation, highlighting pitfalls and how to make it work for the individual. I was also looking for a way to embed Videos into it but l have not been able to get around that. Since you are reminding me, l will pick it up again and finish it, for post. Keep your fingers crossed. ![]() Cheers, Lastpage! |
dapotemi: Okay, I will be very blunt with you. I look at issues from the "immediate effect" and the "Long term Effect" and try to do a SWOT analysis of both, so l can take the best decision. Either way, Men would Die - Fredrick Forsythe (The Devil's Alternative). ![]() In the Short term, like others have said, since he does not disturb you and you have no issues with what goes on, Let it Slide. Just make sure you work on having your own House, if it is just land, BUY NOW, that "bush" would have opened up to a Village or Town by now, if you bought it five years ago.... and the Price would be cheaper. Its never too late to start. Start now. In the Long Term, getting a Written, Signed and Dutied Agreement in matters of "Contract", is very germane. Since you pay by bank Transfers and he acknowledges by Text, please ensure you keep records of both the Bank Transaction and the Acknowledgement text Now, let me say this openly: My Post is not to incite a Tenant against their Landlords or vice versa, l have many, many Lessors (otherwise tenants) myself so it will not be to my advantage to do so but when we discuss a matter here, it should not matter how it affects us personally, all information should be provided and done openly. As things stand now, in LAW, you can prove you are a "sitting, bonafide tenant" in that House, when things turn sour (I hope it doesn't and never does, but it is still not your house, if you get what l mean ). Worst case scenario, it is your Landlord who needs to Prove he gave you Conditions and Terms of Rent Contract, it is also his responsibility to collect Stamp Duty from you and remit to Govt, he has not asked and you have not refused to pay (You are not at fault). So, just relax. But in some workplaces, they need to see your Rent Agreement/Contract as Proof of Address, in some Embassy Transactions, you also need to forward your Rent Contract Agreement. So, if you ever fall into such category or you need the "Agreement in Writing", all you need to do is tell your landlord that your Office wants to arrange a foreign Training for you and the Embassy is requiring your Rent Agreement, as Proof of Address, so can he oblige you with one. I am sure he will quickly Print one for you.. Cunny-Man-die, Cunny-Man bury-am ![]() I dont see why a Landlord who collected Money for Rent Agreement from a Tenant, will refuse to give same to his Tenant, it is UNFAIR, all Landlords were one tenant and most Tenants will become a Landlord, one day. I do unto others, as l expect them to do unto me. *** I dont know the "demeanor" of your Landlord, the nice guy who will do what is right if asked to do so or the dodgy type who will get annoyed and start animosity, if asked to do something like that. Use your Judgement on this (You know him more than any of us here), if you dont need it, just let it slide but know that if you also wait and not collect it now and things go sour between the two of you, it will not be a good time to ask for it, as he would read meanings into it. **** Cheers, Lastpage! |
KelvinCoaster:Thank you Sir, we are all Learners and that is the main purpose of this thread. You now Something?, You Share Something ..... with others. If the Crayola helps to highlight a point, all well and good. Happy Weekend Sir. Lastpage! |
temi4fash:As it affects RENTS and LEASE AGREEMENTS, it will depend on the TENURE of such Agreement. Please see attached Page-snap from FIRS website Lastpage!
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AngelicBeing:How are you sir, its been quite awhile. I have "retired" from the usual frontal posting on NL, l just read and pass-by most times now. ![]() It is my good friend @gbadexy that drew me out. I think the pages can do with less of my crayons ![]() Hope you are doing good Sir? Cheers. Lastpage |
Badgers14:I can understand you are not feeling fine, in the real sense of it but can it be this bad?. How you still dont get it, after all this explanation, baffles me. ![]() This issue is about complying with the "Tax Law" of the land (Nigeria) as it concerns agreements and other related matters You keep using words "carelessly and loosely or maybe you dont know exactly what they mean, in legal terms. You are saying a Judge can suppress Evidence? Can an "invalid document" be considered evidence? When a Judge throws out a Document or refuse to admit it to Evidence, do you call that "suppression of evidence"? ![]() Do you actually know exactly what "suppression of evidence" means in a Court setting? Incase you dont know, "Suppressing Evidence" is a criminal offense and to imply a Judge can "suppress evidence", simply because the evidence-document IS NOT EVIDENCIAL and cannot stand the standard required by the Law, is just..... (I wont use the word on my mind but l am sure you get the drift). The fact that you dont "understand something or cant rap-your-head around it", does not make it wrong or impossible, it is you that is yet to understand it and that is not a crime nor wrong, understanding is a process, as long as we keep an open mind. Do you think Govt that made that 'Stamp Duty Tax Law', does not know what could happen if you refuse to Stamp Duty your Agreement? I have tried to 'broaden your knowledge' of this matter (Yes, l dont need to know you or know what you do for a living (It certainly has nothing to do with Taxation or Law), ... to know your level of understanding, in these matter)) but you just kept throwing Mud back. . This is not just "Landlord and Tenant" issue, it is "Tax-Legal matter o"!) All your arguments are pedestrian and showing lack of basic understanding of how the law works. You dont have to agree with what l say but l urge you to not Stamp Duty your Rent Agreement and then try to refer to it, present it as 'evidence' of your Contractual dealings with your tenant, in a Court proceeding, you will come back here and confess. ![]() We are all learning but you dont need to keep saying things that are tangential to Knowledge! Good thing is, those that value knowledge will investigate what l wrote, speak to practicing Lawyers about it and increase their pool of knowledge. Am done Sir. Lastapge! |
Badgers14:You are thinking and writing like a 'layman', as people who are not trained in law are addressed. You cant interpret an "analogy:, literally. What you are missing in my analogy, which was a perfect analogy, is that l am not talking about the "nature of the infraction", l was explaining to you (in the simplest terms one can explain to someone not learned in Law) that particular principle that you cannot build 'Something', on 'Nothing'. Once an Agreement or Contract is VOID, whatever you build on it, will also be VOID. Whether it is a Business, a Contract to supply Water, An agreement to Rent a House, a Contract to Kill, Anything you can think of! Once the "legal foundation" upon which is it placed is "legally faulty", you cannot seek any legal redress, based on it. Go and ask Lawyers that are seasoned, they would easily tell you this. Another thing to be mindful of is, if the evidence (tenancy agreement) was successfully suppressed in court and the court ruled it invalid... what other legal documents does the tenant have that gave them the legal rights to be in possession of the property?Hmmm.... You make me laugh! You dont know how the law works at all.What we want, 'as laymen', and what the Law requires from all of us, are two different things! If you put yourself in "jeopardy" as l said before, your Tenant will have it both ways and unfortunately, it might make you so angry you might commit another offense that would send Landlord to jail. ![]() There is nothing like criminal Trespassing, for a sitting Tenant, unless the Court says so. Even when the tenant is owing you and his Tenancy has elapsed, he becomes a 'Statutory Tenant' and you can claim Criminal Trespass and you cant deny him entry or throw him out forcefully. You still need to go through the Court. As a Landlord, you need to study the Law properly, know your Rights, your Duties and your Obligations. In summary, In a Landlord/Tenant dispute, the tenancy Agreement is the major document that is used to determine and decide the case, because the Law/Courts will respects "Private agreements" willingly entered into, as long as that Agreement is not in itself, Unlawful (You see why l used an analogy of an unlawful agreement, in my example to you?). if your Rent Agreement is Inadmissible as Evidence (due to your making it so, by not paying Stamp Duty on it), the Court will still decide your case but that "Agreement" wont be admitted as evidence in your favor! So, if it is what you are relying on, to get a tenant out of your property, that 'Court action' will fail. You wont be able to eject that Tenant because you will lose the Case. And once you lose in Court, your tenant will continue to occupy the Rent, and you have to find other "clever ways" using a good Lawyer, to get the tenant out. (For example, l will allow the Tenant to fall Victim of an offense that the Statutes forbid which does not need an agreement, to prove in Court! I wont expatiate on this any further) ![]() The Tenant will leave eventually but it will take some time, longer than necessary and that will be an embarrassment to the Landlord, not to mention the financial loss. I have seen a Landlord that collected "Agreement Fee" and ate it but did not produce any "Agreement".. Tenant showed his payment Receipt to the Judge, which shows he paid for "Agreement". Judge dismissed Landlords Application and asked the tenant to chose between "One Month and Two years", when he knows he would have found another House. Tenant chose Two years (maximum) and lived in that House, on same amount, taunting the Landlord all those two years, before moving out. Moreover in a landlord and tenant dispute, the majority of the cases, the bone of contention is rent due not possession of the property because the landlord owns the building, that is his property, he just have to file proper notices to evict the tenant from his property.You are wrong Sir! Rent due and not paid, is just a small part of it. It could be "noise", disorderly or nuisance behaviour like "partying all night" every time, It could even be 'physical fight' between Landlord's Wife and Tenant's Wife or landlord Son and Tenant's daughter One male, Single Tenant like that, will not stop banging landlords daughter and that drives the Landlord crazy and wants him out! )It could be landlord wants to raise Rent, it could be he want the property for his own use, it could be they come home late at 2am and starts to banging the gate, it could be damage to the Tiles and other accessories of the House, l can go on and on because l have seen many, many in my young life. If you file proper notices but commit a blunder like not paying Stamp duty (a very, very small fraction of the rent, IMO, then you could be in for a very long and torturous experience with some stubborn tenants. Like l have said in one of my previous post some months back, the Rent/Lease Agreement is EVERYTHING, pay attention to it, if you want a peaceful and easy relationship with your tenant. Let us call it a day on the subject. It has been nice chatting with you guys, l guess the point is made and we are all enriched by the discussions. Lastpage! |
Go and read any Textbook on the Law of Evidence. It will explain to you in more detail, why some EVIDENCE, though TRUE, become INADMISSIBLE in a Court of Law. When Evidence is Tainted (Like a Tenancy Agreement that is not Stamp Duty paid), it becomes inadmissible as evidence, for the Party who is seeking to use it as a defense. ****Not withstanding, l will take the time to answer each of your posers, (by putting the answers below each line), l am sure someone might gain from them I also like you as a person, from time. ![]() diordaves:Cheers, Lastpage! |
Forgive me, l have to compress all the responses together, so l can give one, final blow to them and be done. The Choice to Stamp Duty your Nigerian Lease/Rent Agreements is an individual Choice and Responsibility, l am just trying to 'share knowledge'. I cant, and l am not, forcing anyone to obey the Law. Far from it Sirs. ![]() Badgers14:Thank you. Yes, there is a legal background to it. Infact, anything that is an existing LAW, already has a legal background to it so the questions are: 1) Is Stamp Duty payment A Law in Nigeria? Answer: YES, the LAW or Legal basis for this position is the Stamp Duty Act (Law) 2019 as Amended. I have given you the link to that Law, on the FIRS website. 2) Are Rents and Lease subject to Stamp Duty Payment in Nigeria? YES, again, it is in that FIRS website. So, if a Law is passed, signed by the President and in Operation, it is in Legal Operation in that country (Nigeria) and that is the Legal background. My past example is 'true and correct' and correct but you seems not to be able to connect the dots! The Law is BLIND, so it is not a question of whether the "Invalid Agreement" is Business, Tenancy, Criminality or even a Love affair! Once there is a Law in place and what you "signed an agreement on" is UNLAWFUL, with respect to that Law, your agreement becomes null and valid and of no effect.... and you cant seek redress on it, from a Nigerian Law Court (Those who must come to Equity, must come with Clean Hands). Where you "connect the dots" in this: If there is a Law which says you must "stamp Duty Rent agreements" and you have failed to obey that existing Law, by NOT paying Stamp duty on your business/Rent/Lease Agreement, your "Agreement Document" has become illegal, unlawful, unenforceable and will not be enforced by a Judge, in any Nigerian Court. The Court Judge will not act or enforce anything "the law has made illegal". That is why l gave you that example os something a Law has made illegal, dont view it in the literal sense, just pay attention to the phrase "illegal Agreement". ![]() bixton:Thank you Sir! The Stamp Duty Law, is a Federal law and it is being operated by the FEDERAL INLAND REVENUE SERVICE (FIRS), as the only body empowered (or its appointed subsidiaries), to collect Stamp Duty on behalf of the Government. May l point out that it is on the "exclusive list", that is, what only the Federal Govt can legislate on (Not State) but the law applies to all Nigerians, irrespective of what the State Laws State. Nigeria is a federal System of Govt and "Exclusive List" Laws override State laws.Everybody with a Tenancy/Lease or operating an Agreement with a Monetary Value in Nigeria, is subject to Stamp Duty Payment. It has nothing to do with State Laws. Badgers14:First, I dont (and you dont) have to personally experience something, to know it is true or for it to be true! That is why we rely of History/Past Events, to guide us. For example, when the Tenancy laws states that you cant remove the Roof of a tenant, to effect forceful ejection, have we all experienced it individually, to know/believe it is true? Do l have to kill someone, to know that there is a penalty of death sentence for Murder? Why do we have Books and Google, then? Why do we attend Court hearings then? I keep using "examples" because l want o keep it simple and in layman's language so that all of us here can benefit, it will make no sense if l start quoting legal jargons here, just to impress someone. ![]() But having said that, l have colleagues who have experienced it in all States of the Federation (on Different areas of the 'Stamp Duty Payment', as it affects Agreements in general and Lease in particular. (I am deliberately not mentioning three States that l have been personally involved in, for personal reasons which l do not intend to discuss here but be assured Abuja is one of them. But if you still have doubts, please walk into any Nigerian Court House and speak with the Registrar or even a Court Clerk. Remember, this is a NEW Law (Came into effect in 2019... Anyone can google "FIRS Stamp Duty Act 2019" Most Landlord will personally not know the effect of this Law, until they face a Judge in Court and they need to use their Tenancy/Lease Agreement to PROVE what they agreed between their tenants and themselves. ![]() I hope we dont learn the hardway sha, it is an individual Choice. NB: I keep emphasising that this is a DOMESTIC Nigerian Law, meant for Rent/Lease operable in Nigeria or with effect in Nigeria, please, no one should disturb me again with US or UK examples, they are irrelevant to what we are discussing. Thanks to all who contributed, have a blessed evening Sirs. Lastpage! |
Badgers14:SIGHS! ![]() Lastpage! |
Badgers14:You are kind of confusing issues here. My Post relates to Nigeria ONLY, not US, not UK. Stamp Duty needs to be Paid on Rent or Lease Agreement, it is a requirement of the Govt of Nigeria. Again, NOT ALL 'signed agreements' are legally binding and enforceable, despite being signed by the two parties involved, as you claim/ I wont go into any legalese but let me just give you an example we use in teaching: Imagine two people "signed an agreement" between them, for one party to kill somebody, on behalf of a second party and that second party will paid the first party #200K. (All the elements of a Contract are fulfilled: Offer, Acceptance and Consideration) Ordinarily, both parties have agreed, signed and executed the agreement but in Law, that agreement is INVALID, NULL and VOID and UNENFORCEABLE because the agreement is illegal from the onset (Killing is unlawful and an agreement to kill becomes unlawful, by extension). The second party cannot sue the first party or seek redress, that the first party took his money and refused "performance", despite their "Signed Agreement". ![]() diordaves:Calm down, you dont understand anything here. I never mentioned the UK or US, my reference was to Nigerian Tax Laws. Laws can be 'local to an environment', just because something is not done in the US, does not mean it cant or wont be done in Nigeria. And you are wrong in that your last statement, completely wrong. I have taken cases to Court on it and l know what obtains inside the Court. Who draws up an Agreement? The Landlord. For who is it drawn? The Tenant. Who goes to Court to take Possession? The Landlord/Owner Who does the Govt "know", when it comes to a Property or whose name is on the Property or the Land Use Tax? The Landlord/Owner. So, you can see that the onus or duty rests on the Landlord, to ensure that the 'Agreement" he draws up with a Tenant, signed by both Parties, is Stamp Dutied.. A Landlord may neglect to do this but there are two jeopardy, he may face: 1) If he seeks to use the Court (which is the only legal means), to take Possession of his Property from his Tenant, relying on the agreement between them (that is, asking the Court to enforce such Signed Agreement), the Court will refuse to Enforce such Agreement because it is not a Legally enforeceable Document ,recognised at Law. following the dictum that "you cant build something on nothing". By not paying stamp duty on the Rent/lease Agreement, (as required by the 'Stamp Duty Act 2019' (Amended)), it becomes illegal document, from the position of the Law, ab initio. You therefore cant rely on it in court, it wont be admitted into evidence by any Judge This means the Court will not oblige you to remove the the tenant, and you cant remove the Tenant by your "own force" and Tenant can and will, then continue to live in your House perpetually, under the protection of the Law. ![]() 2) Stamp Duty is a Govt Tax. If not remitted to the Govt, by the Landlord, the Govt may wake up one day and decide it wants its TAX, accrued interest and also issue a Big Fine for "Default". It can even be considered a Criminal Act of Fraud! The Tenant may have moved out a Week earlier before the Govt came calling and if the Landlord does not pay-up, his House could be confiscated, for Tax fraud/Debt. It is the Duty of the Landlord to either Collect and Pay Stamp Duty on behalf of the tenant or to ask the tenant to Pay it to the bank and give him Proof that it has been Paid to Govt. Most landlord, myself inclusive, to ensure that they are not "setup for jeopardy" by their Tenants, will collect the Money from the tenant and pay the Duty to the Govt, on behalf of the Tenant. That way, there wont be any 'had l known'. To the issue of whether Stamp Duty MUST be paid on Rent/Lease Agreements, l dont think that should be a subject of Debate for anyone who has a House in Nigeria, they should know. Both of you can read all about it here and please dont just be arguing for the sake of argument. Ad Velorem is a fact. https://thenationonlineng.net/tenants-now-to-pay-six-per-cent-stamp-duty-says-firs/ THE Federal Inland Revenue Service (FIRS) has directed landlords and property agents to charge six percent Stamp Duty on all tenancy and lease agreements.Also, below is the Federal Inland Revenue (FIRS) Website where you can pay your Stamp Duty, for any Agreement you draw Out. https://stampduty.gov.ng/ Please, dont be caught unawares, a 'Smart Nigerian Tenant' (or with his lawyer) will take you to the Cleaners, if you dont do the needful. I wont say more than that, for the sake of our long suffering House Owners. Lastpage! NB: Lease/Rent Agreement Stamp Duty payment is "graduated" based on the number of years of the Lease or Rent (1-7yrs, 8-21yrs, over 21years), maximum is 6% of Value, for over 21yrs. |
gbadexy:How are you Sir. Click my mention for some of my previous posts, l guess one of two will be of assistance in your quest. You can serve requisite Notice (6months, 3Months, 1Month, 7days, depending on the type of tenancy and SIGNED, Written agreement), to coincide with the last day of the Tenancy. It is legal. Dating and content is very crucial, please. And may l add, Landlords should Stamp Duty their Tenancy Agreements, for it to be legally binding and Evidencial in court. It is just 0.78 % of Value. Not doing so can make a Judge refuse to accept your signed agreement as 'evidence' in Court, during an ejection hearing. Lastpage! |
I applaud the Governor for what he has done, every little helps. More grease to his elbow. But it bothers me that the office of "Governorship" has now been reduced to the level of "Counsellorship", as we used to have it in the past. I have seen Governors commissioning Bus Stops, Bore Hole, Local Market, Street Light and other small, small relatively inconsequential projects that even LGA Chairmen use to allow their Ward Counsellors to Commission. And it really smirks of mediocrity and a lowering of the Bar LGA Chairmaen do virtually nothing nowadays, not even the smallest Projects. And the Ward Counsellors are no-where to be found, made redundant. Some said it is because of the "quality" of people we now have in those positions (Area Boys and Tinubu Thugs/Street Urchins). Others say it is because the Governors have muscled them, seize their allocation and only release a pittance of it to them (which they also quickly embezzle!) And who suffers? the Citizens and residents. Street Roads are not receiving any attention, money budgeted and allocated for them has been looted by the LGA Chairmen Now, look at all the funfare and noise, to Commission just a 6Km Road? ![]() Back in the good, old days, such Road will be constructed and Commissioned by an LGA Chairman, while the Governor is busy Constructing a 40Km Express and the Counsellor is repairing and rebuilding Street Roads Hmm... Na wa o. Lastpage! |
Nonexistent1:Your Life is truly Nonexistent! ![]() Lastpage! |
Celestial Church, una weldone o. Trouble for this Nigeria, be like person wey wan ride Bicycle from Nigeria to America, it does not end well. ![]() Make l go carry my own White Garment and candle follow. Dont worry, l dey go along with 50Kg Class C Fire Extinguisher! ![]() All White Garment Church-goers suppose to dey carry fire Extinguisher along to Church. RIP to the Dead brother. Lastpage! |
michlins:Unfortunately, that is what Governance in Nigeria has become. Very, very Sad. Until we can change that situation, Residents have a Choice, to keep driving back and forth, on that muddy Road, while damaging their Car in the rainy season and pouring red dust on their property in the dry season. ![]() Lastpage! |
rmx:If l may ask: What exactly was the bone of contention, that was being litigated on? I dont think the seller can put the place in vacant position before selling because the "selling process" takes time in some cases and those are periods the seller is loosing income. Also, the decision to sell may come suddenly due to sudden need for money, No seller will want to wait till all occupiers are out, before selling.. But l agree with you that the Owner needs to come clean, the Buyer needs to see the Rent agreement of each Occupier in the building to ascertain the extent of the Seller's liability (which transfers to the buyer on purchase) to his occupiers. Even after all that, the Eviction Process could still become cumbersome if the Owner does not have a very detailed Agreement, which stipulates what and how it happens, when the Seller/Owner needs his property (Surrender of Property). Most Tenants will resist moving out in Peace (and l can understand that inertia to move, unpacking can be stressful) so, a House Owner must always factor that in, in his Rent dealings, from the onset and prepare an agreement which gives him the widest latitude to legally remove the Tenant, when that times comes, in the shortest, possible time. A Judge will honor a 'stamped,private rent agreement' that both parties have put their signature on, as long as it is not overly abusive of any of the party or outrightly unlawful It is a delicate endeavor, even a Lawyer that is not sound, will bungle it with some smart tenant. ![]() Lastpage! |
diordaves:You hit the nail on the head, this has always bothered me too and [b]it shows how selfish Nigerians can be. We had some Electricity problems in my area some time past and the Disco was wasting time so l suggested we buy a transformer, some Poles and Cables, requiring each house owner to fork-out between 500K and #1M, depending on the size of your property. You wont believe that some, who are even very well-off, refused to cooperate but rather prefer to burn Diesel all day and pollute the environment. Only about half of us shouldered all the contribution and since that time, l have lost respect for some of my neighbours, despite still being on greeting terms with them. If l have my way, l will say every House Owner shall set aside at least #1M for Drainage and Road otherwise, they cannot build. Such Funds will construct the Road and Drainage that passes in front of your House, that way, no new house will be devoid of road and Drainage. But then, those that are supposed to manage that fund and provide the infrastructure, will embezzle it or do a shoddy work that will fail within 12months. Honestly, we need a rebirth in this Nigeria, the level of Corruption is unbearable. Lastpage! |
kopell:As a Landlord, the "Golden Rule" when you are into "Renting for Profit", is to always stay within the bounds of the Law. It certainly does not take 4-5yrs to evict a Tenant, UNLESS the House Owner has gone into some Illegality, in his dealings with the Occupier or is completely clueless about what to do. Even more important, always make sure you have a water-tight agreement signed between you and your tenant. And keep to the letter of that agreement so that you dont invalidate it yourself.. I will have any Tenant out of my House within Five Weeks maximum, because for one, if l am serving a Notice, l will do it such that it will expire as your payment expires thus, l just have to give you Seven days Notice of Intention to Reposes Property, after which l will approach the Court for Eviction, using the requisite Form. Court will hear that House Owner/Occupier within three Weeks and if your Agreement is firm, the Judge will be too happy to decide the case immediately and send him packing. Gone are those days when tenancy cases drag for long, it is usually because the Judge cannot be given a "Deed of Agreement" to work on. Your Agreement will determine how easy and how long it may take you to discharge a stubborn tenant, pay good attention to it and ensure it is signed and stamped-dutied. I beg Landlords not to take laws into their hands, it is not necessary and it does not make you or mean you are weak, it simply means you are smart! Dont take any Tenant for granted because you never can say who is behind the curtain, drumming to the music he is dancing to. And dont let greed overtake you, in your dealings with your Tenants, no matter how Landlords and Tenants detest each other , dont over-charge them or embezzle many meant for provision of Utilities (Electricity Bills especially).Tenants are humanbeings too and should be treated with respect ...... and firmness, if they break agreements or act unworthy. Finally, consider not doing "Rent". Instead, do a fixed term, (non) extensible Lease. The Tenant must leave on the day a Lease Expires (as stated in the agreement). If he does not, You dont need a Six Months Notice, just Seven days Notice of Intention to Reposes Property. ![]() That is my little secret. ![]() You can let a Lawyer draw-up the LEase agreement for you, if you think you will bungle it. Lastpage! |
Let me add my own Ten kobo to the discuss: You dont really need a Lawyer, if you are willing to calm down and follow the law. I am saying this because whatever anyone does or says, those that follow the Law will always triumph. There is nothing wrong in buying a House with Tenants, there are procedures to follow, l have done the same thing not too long ago. - Once you pay for the House, the transaction is finalised, you wont be getting any money back! The House is now yours and the Seller owns the money you paid, unless she is willing to BUY BACK the House, from you, as the "Seller", at her own price. - The problem here is a Tenant (or Tenants) still in tenancy but perhaps unwilling to vacate at the expiration of their tenancy, as demanded by YOU, the New Owner. True, they have No Agreement with you but the agreement they had with the former Owner, which puts them in "lawful occupation", is now your Agreement (as the new owner). - The Law requires that a tenant be given a 'minimum number' of Months, as QUIT NOTICE. You obviously have not served such Notice in the PROPER manner. It cant be Verbal, it has to be written and properly dated ('technicality' like that can invalidate it). - You are even lucky that they have shown their position immediately and not wait till the moment when their rent expires. The Tenancy Law allows you to serve a Tenant a Quit Notice, within the period of Tenancy but the condition is that such Notice must not expire before the expiration of their Tenancy, it can only end on the date or after the date of Tenancy. - For a Yearly-paying tenant, they will need SIX Months Quit Notice. For bi-annual Tenants, you will serve THREE Months Quit Notice, for lesser duration of payment, you will serve One Month Notice. My Advice: Serve them a Quit Notice IMMEDIATELY, if they have less than Six Months left or on the day after their Tenancy remains Six Months (If they pay yearly). There is nothing you can do about the Six Months Notice, it is the Law. If you follow the Law, you are protected, dont allow some tenant to rubbish you openly. ![]() - Alternatively, you can invite them to a Meeting and Offer to Refund the "balance of their Rent" in CASH. If they ALL agree (No point doing it for one, when another will remain behind, ti will still hold you down), Draw-up and "Private Agreement" with them, stating what was agreed and the last day they must be in the House, Include an 'Ouster Clause' that states that "They have willingly agreed to these terms and wish to the bound by it, ousting any other rule or law that may govern such Agreement between the Tenant and Landlord". The reason for this "Ouster Clause" is to take care of any of them that may collect a Refund and still refuses to leave on the said date, while trying to go to Court. Ordinarily, the Tenancy Law still governs such relationship and the Law DOES NOT allow you to "forcefully eject them" on the agreed date but with the "Ouster Clause", they have submitted to a "private agreement" between the two of you and ousted the tenancy Law from coming into Play, so you can pack their things out without falling foul of "Self Help", since they would have become "Impersonators" in your building, after the agreed date. -Remember to go an pay "Stamp Duty" on this agreement (about #1,000) and get it stamped at the Court near you. That makes it enforceable in a Law Court, if you need to or defend yourself with it. - If they refuse to agree to being paid-off, then you have no choice than to serve them the Quit Notice, but ensuring it expires on the date after their Rent expires. Be sure it ends on the "day-after" otherwise the Notice becomes invalid. If they fail to leave on that day, you have to serve them another "Seven (7) Days Notice" of "Owners Intention to Reclaim Property". - If they still refuse to move-out at the expiration of that 7days Notice, you go to the nearest District or Magistrate Court (based on the amount involved) and collect a Recovery of Premises Form N. It is a Judge that will give an "Order of Ejection" of the Occupier. Any Rent owed between the expiration of Tenancy and this Order would also be ordered to be paid by the tenant (Mesne Profit) and the Court Bailiff will effect the Order and throw out the Tenant, including seizing his Properties for Auction, if he does not pay the ordered arrears on the spot. So, it takes roughly less than 6-Weeks, after the Tenancy has elapsed, to LAWFULLY eject a Tenant who refuses to leave. It is better to exercise this patience of time, than to fall foul of the Law, which can land a House-owner in Six Months Prison term and Fines. ![]() Dont buy the story that it takes years to eject an Occupier, that was decades ago, for only those who dont know how to go about it or commit errors that jeopardises their case in court. Lastpage! |
Lazy9jaYouth:They will pay the Kidnappers #22Million and claim it was #88Million they paid, wjile they pocket the rest Kidnapping is now Govt Official Business. Sai Baba, clap for yourself. |
Patrioticman007:All those cutting of hand and legs by Sharia Law, is for the "POOR and Foolish FOLLOWER Muslims", if it were to apply to the Muslim Elites (who are the real guilty ones), all these Northern Politicians would not have Arms and legs and many would have been stoned to death! ![]() By now, l can imagine "Gandollar" on a Roller Skate, without Arms and Legs, rolling along on a street in Kano. ![]() The lesson here is: Dont be a FOOL for Religion, it is a tool by the Elites, to control and manipulate the Poor and Foolish Next time they ask you to go and kill people because they drew a Cartoon of the Prophet, ask them if you should also kill them for every infraction they make, against the Sharia Code..... like Watching porn or American Film on DSTV, in the comfort of their homes. ![]() |
I have been quietly following recent situations here. On this Window issue..... If a Window is quoted and priced based on 4ft X 4ft, l will expect the Alluminium Window to be exactly 4 X 4 and to install it, the Bricklayer simply chisels back some part of the Wall Opening, if at all, to allow the frame into the 4 X 4 Space provided on the Wall. When it comes to Burglary, same process applies even moreso if the Burglary is to be installed outside of the Aluminium Casing. To install it, the installer chisels the point of installation, the Burglary slips-in and it is cemented in. Most come with 'legs' for that purpose. I have never bought a 7 x 4 or 6 X 3 door and it measures anything less than that, it is the Wall frame that gets dressed a little to allow that frame to slip in. So, l dont understand where all these argument about "reducing the frame size" from what was quoted, comes in. But in retrospect and in my own personal opinion, l will give @Michelins the benefit of the doubt in this matter. WHY? - the case against him, as it is right now, is not strong enough / weak, to call him out on financial impropriety or fraud. It is like loosing a case on 'technical grounds', because you dont have solid evidence or your evidence cannot prove your case BEYOND DOUBT.. - @michelins has not shown such nefarious tendency, not even the slightest, in his short time on this thread/Nairaland. I believe he took a LAZY DECISION (reducing burglary size, in all honesty), that will make fixing his Burglary work easier (in his own reasoning) and that decision may, UNINTENTIONALLY, also save him a some amount of money on materials to be used for the job ( no matter how small) but in all honesty, l dont think his intention was to defraud the Client by "under- producing to quoted size". The Client has the Right to be furious that the Dimensions he paid for, are being reduced (for whatever reasons), without his knowledge and consent! The Contractor should at the very least, inform the Client well- ahead of such decision. "Ceaser's wife must not only be Clean, she must be seen to be Clean". But when in doubt, we should always give the accused person the benefit of the doubt. l dont think the intention of @michelins was to do any hanky-panky to his Client. I will plead with @InvertedHarmmer to ask his Client to overlook this "error" on the part of the Contractor. I will also ask @michelins or any other contractor in here, to understand that once an agreement is reached with a Client, any variation, even if it is to the benefit of the Client, should be explained and discussed with the Client, get the nod of the Client, before implementation, so as to avoid this sort of unintended situation. @michelins, please make-up with your Client privately and get his confidence back. Avoid being lured into blaming the Alumaco guy, it serves no purpose. @All, please let us not escalate this matter by pouring more fuel into it. God bless. Lastpage! |
michlins:You nailed it Sir. That is why this particular Property thread on Nairaland, is like no other thread, anywhere else in or outside of Nairaland. It has been around for many years and would still be around for many years and no other place can compare to the spontaneous wealth of ideas that flow here. Everyone, from Contractors to Clients, Professionals, DIY enthusiasts and just 'naturally good' people who are contributors to such repository of free flow of information and ideas deserves a pat on the back The least we can do is to keep it going Lastpage! |
rotecch77:Thanks Sir, Your explanations and sketch drawings really shed light on the options. I think l will be using this method God Bless. My appreciation to all others who also contributed brilliant ideas, to my request Lastpage! |
yorubarere:Dont mind him. Every time he is supposed to act decisively, he will be whining that he is consulting widely! Consulting who sef? ![]() He is Aare Onakakanfo of Yorubaland yet Fulani are killing Yorubas, left, right and centre, yet the Clown is not doing anything. Maybe he wants to use 50yrs to prepare to go mad, so he can be mad for one 1,000 yrs ![]() If he cannot wrok with Sunday Ighoho, he should STFU. Nobody is stopping Amotekun from working, infact, Amotekun should be place under the command of Sunday Ighoho, who as we have seen, does not crave any publicity, unlike Gani Adams. Gani Adama should focus on Ogun State, Osun and Kwara States. Let Sunday Ighoho focus on Oyo, Ondo Ekiti and Lagos. As long as the herdsmen are out of the SW forests, nothing spoil. |
This is a sponsored write-up, probably from Tinubu himself. Was it Tinubu that make Herdsmen to rape and kidnap people? Believe this nonsense at your own peril. |
Ryan03:I am sure you read where "Gazetted" was explained. Once something becomes LAW, it must be obeyed by all and sundry. Gazetting or not, does not REPEAL a Law. Illiterate ![]() |



