₦airaland Forum

There are some situations where the serving of a quit notice is no longer necessary. In such cases, all you are expected to do as the landlord is to serve a 7-day notice of your intention to recover your property from the said tenant. Under the law, this is known as the compulsory ‘7 Days Notice to Recover Premises.’ FInd the situations where the quit notice is no longer necessary below:

Expiration of Fixed Tenancy
In a case where the tenancy is a fixed-term tenancy and it expires, there is no need to serve a notice to quit. You can, however, serve the tenant with a notice of your intention to apply to a court to recover possession of your property.

When in Arrears of 6 Months of Rent
If your tenant, under a monthly tenancy, ever gets to the point of being in arrears of unpaid rent for 6 months, a notice to quit is no longer necessary. What you can serve instead is a notice of your intention to apply to a court to recover possession of your property.

When in Arrears of One Year of Rent
If you have a tenant, who is under a quarterly or half-yearly tenancy and is in arrears of rent for one year, you don’t need to put yourself through the rigours of issuing a notice to quit. A notice of your intention to apply to a court to recover possession will suffice.


Barr Ayo Aderinto (Treash) 08068088866

Treash:
There are some situations where the serving of a quit notice is no longer necessary. In such cases, all you are expected to do as the landlord is to serve a 7-day notice of your intention to recover your property from the said tenant. Under the law, this is known as the compulsory ‘7 Days Notice to Recover Premises.’ FInd the situations where the quit notice is no longer necessary below:

Expiration of Fixed Tenancy
In a case where the tenancy is a fixed-term tenancy and it expires, there is no need to serve a notice to quit. You can, however, serve the tenant with a notice of your intention to apply to a court to recover possession of your property.

When in Arrears of 6 Months of Rent
If your tenant, under a monthly tenancy, ever gets to the point of being in arrears of unpaid rent for 6 months, a notice to quit is no longer necessary. What you can serve instead is a notice of your intention to apply to a court to recover possession of your property.

When in Arrears of One Year of Rent
If you have a tenant, who is under a quarterly or half-yearly tenancy and is in arrears of rent for one year, you don’t need to put yourself through the rigours of issuing a notice to quit. A notice of your intention to apply to a court to recover possession will suffice.


Barr Ayo Aderinto (Treash)

I rented this 3-bedroom apartment, a Jakande Low Cost housing scheme since 2007 for my family (Mum and siblings) to be living in and have been on a yearly rent. Rent expires May every year and I pay duly by June, I have never defaulted in the payment of the rent since they occupied the place. Early this year, February to be precise, my agent called me to tell me that the landlady wants to sell the apartment if I would be interested in purchasing the place. When I first moved in, I had approached the agent in charge then that I would like to buy the flat if the owner would sell, but he said the owner does not sell her apartments.
So when the new agent told me the landlady’s new intention, I told him I was low on cash this period, had other projects that was really taking the bulk of my income., he said ‘Ok’ and that other agents would be coming to check out the apartment, which I replied ‘No Problem’. Since then various people have been coming to check the flat, at a time, my mother got enraged and told the agent she wasn’t happy with having strangers in her home all the time, and that the next time they should stay outside and check out the apartment, I told her it was Ok, that she should just bear it. Yesterday the agent called and said some people would be coming to check out the flat, they came and met me there, so they said the prospective buyer would want to pay for a vacant property, which made the agent to ask me how soon can I move out? I replied him, since they haven’t issued us a Notice of Quit, they should allow us 6months to get another place, but he refused saying its 3months he can allow, and that he could even write me a quit notice asking me to vacate in 7days, which I find preposterous for a yearly tenant.
Now my question is this:
1. is it LEGAL to issue a 7-day Notice of Quit to a yearly tenant?
2. Am I not on the right side asking for a 6-month period to seek another apartment?
3. Since a Notice of Quit wasn’t served to me when I was told they wanted to sell in February neither did they when my rent expired this year May, do they have the legality to issue a 7days notice or give a 3months grace?
I wanted to call their bluff and wait out the 6months I have intentionally but for peace sake and wanting to know if my rights is not being trampled upon I decided to seek the advice of the tenancy laws luminaries who would know better.
Please help a brother out. Thank you

inikamoze:
I rented this 3-bedroom apartment, a Jakande Low Cost housing scheme since 2007 for my family (Mum and siblings) to be living in and have been on a yearly rent. Rent expires May every year and I pay duly by June, I have never defaulted in the payment of the rent since they occupied the place. Early this year, February to be precise, my agent called me to tell me that the landlady wants to sell the apartment if I would be interested in purchasing the place. When I first moved in, I had approached the agent in charge then that I would like to buy the flat if the owner would sell, but he said the owner does not sell her apartments.
So when the new agent told me the landlady’s new intention, I told him I was low on cash this period, had other projects that was really taking the bulk of my income., he said ‘Ok’ and that other agents would be coming to check out the apartment, which I replied ‘No Problem’. Since then various people have been coming to check the flat, at a time, my mother got enraged and told the agent she wasn’t happy with having strangers in her home all the time, and that the next time they should stay outside and check out the apartment, I told her it was Ok, that she should just bear it. Yesterday the agent called and said some people would be coming to check out the flat, they came and met me there, so they said the prospective buyer would want to pay for a vacant property, which made the agent to ask me how soon can I move out? I replied him, since they haven’t issued us a Notice of Quit, they should allow us 6months to get another place, but he refused saying its 3months he can allow, and that he could even write me a quit notice asking me to vacate in 7days, which I find preposterous for a yearly tenant.
Now my question is this:
1. is it LEGAL to issue a 7-day Notice of Quit to a yearly tenant?
2. Am I not on the right side asking for a 6-month period to seek another apartment?
3. Since a Notice of Quit wasn’t served to me when I was told they wanted to sell in February neither did they when my rent expired this year May, do they have the legality to issue a 7days notice or give a 3months grace?
I wanted to call their bluff and wait out the 6months I have intentionally but for peace sake and wanting to know if my rights is not being trampled upon I decided to seek the advice of the tenancy laws luminaries who would know better.
Please help a brother out. Thank you

Your first and second questions clues into same answer. You're entitled to 6 months quit notice in writing as a yearly tenant. You were informed orally in February, barely 3 months into the expiration of your tenancy. However, the 6 months notice only applies if there was no initial tenancy agreement between you and your landlord.
Another issue: No one has the right to encroach into your apartment without your voluntary permission, otherwise you consider it a trespass, notwithstanding the expiration of your terms in May, yet without notice. Thank you.

Treash:
Your first and second questions clues into same answer. You're entitled to 6 months quit notice in writing as a yearly tenant. You were informed orally in February, barely 3 months into the expiration of your tenancy. However, the 6 months notice only applies if there was no initial tenancy agreement between you and your landlord.
Another issue: No one has the right to encroach into your apartment without your voluntary permission, otherwise you consider it a trespass, notwithstanding the expiration of your terms in May, yet without notice. Thank you.

Thanks for your prompt response. In response to the emboldened, there was no written tenancy agreement between the Landlord and I, or the Agent and I, just receipts issued after rent is paid. So that suffices it to say that I can stand and insist on the 6 months notice of quit or grace to allow me get another apartment?

Thanks once again for your input, I really do appreciate.

inikamoze:
Thanks for your prompt response. In response to the emboldened, there was no written tenancy agreement between the Landlord and I, or the Agent and I, just receipts issued after rent is paid. So that suffices it to say that I can stand and insist on the 6 months notice of quit or grace to allow me get another apartment?

Thanks once again for your input, I really do appreciate.

Thank you sir.