Author: Margaret Ogbonnah.
Introduction:
In the intricate landscape of property rights and tenancy agreements, landlords play a pivotal role in Nigeria’s real estate landscape. Hence, it is imperative to recognize and understand the fundamental rights vested in landlords within the Nigerian legal framework. This article delves into the fundamental rights of landlords in Nigeria, elucidating the legal framework that underpins their authority and responsibilities.
DEFINITION OF LANDLORD/ TENANT.
The main legislation on the recovery of premises in Nigeria is the Recovery of Premises Act/ Laws of Various States.
According to Section 2 of the Recovery of Premises Act, a landlord about any premises is defined as the person entitled to the immediate reversion of the premises or if the property is held in joint tenancy or tenancy in common, any of the persons entitled to the reversion and includes:
- The attorney, solicitor, agent, or caretaker of any such landlord.
- Any person receiving whether in his own right or as an attorney or agent any rent from any person for the occupation of any premises in respect of which he claims a right to receive the same; or
- A former landlord where the context so requires.
Moreso, this section further states that a tenant includes any person occupying premises, whether on payment of rent or otherwise, but does not include a person occupying premises under a bona fide claim to be the owner of the premises.
THE RIGHTS OF A LANDLORD
A Landlord has rights in respect of his/her property which a Tenant is in occupation. These rights are as follows:
- RIGHT TO RECEIVE OR COLLECT RENT
A landlord has the right to the collection of rent on the apartment that has been rented out to a tenant. The rent to be paid is as agreed by both the landlord and the tenant. The amount payable is mostly stated in the tenancy agreement executed by the parties.
- THE RIGHT NOT TO RENEW TENANCY
A Landlord has the right not to renew the tenancy, most especially when the Tenant has violated the provisions/clauses stated on the face of the tenancy agreement. The law cannot impose an unwilling Landlord on a Tenant. The landlord has the right to evict the tenant in the occupation of his property.
- RIGHT TO NOT ISSUE QUIT NOTICE.
It should be known that the Landlord has the right not to issue a quit notice when the tenancy agreement is for a certain term. The effect of the tenancy agreement having a provision for a certain term means that the Tenant has waived his right to being served a quit notice. So, an intending tenant needs to review the tenancy agreement before signing it.
- RIGHT TO HAVE THE APARTMENT MAINTAINED IN GOOD CONDITION.
The Landlord has the right to have his house maintained in good condition by the tenant. The tenant is to take good care of the rented apartment and prevent avoidable damage to the apartment. This right does not however extend to damages caused by acts of God.
- RIGHT TO COMPENSATION FROM COMPULSORY ACQUISITION
By virtue of the Land Use Act, the government has the right to mandatorily acquire property for public purposes and infrastructure, however, the landlord has the right to be compensated by the government for such acquisition once the ownership has been confirmed.
Conclusion
In conclusion, understanding the fundamental rights of landlords is essential for promoting transparency, accountability, and fairness in Nigeria’s real estate sector. By upholding the rights of landlords while ensuring the protection of tenants’ interests, policymakers, legal practitioners, and stakeholders can contribute to the development of a robust and sustainable rental market.
REFERENCES
- RECOVERY OF PREMISES ACT, CAP 544 LAWS OF THE FEDERATION OF NIGERIA (ABUJA) 1990.
- LAND USE ACT, 1979.
Disclaimer: This article provides general information on tenancy laws in Nigeria and should not be considered legal advice. For personalized advice on your specific situation, consult a qualified legal professional.