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RECOVERY OF POSSESSION OF PREMISES. PART 3

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WHO IS A TENANT? A tenant includes a sub-tenant or any person occupying any premises whether on payment of rent or otherwise but does not include a person occupying under a bonafide claim to be owner. Section 2 Recovery of Premises Act, Section 17 Tenancy law Stated to be too wide a definition as appears to include squatters A SUB-TENANT is deemed for the purposes of the Law to be the tenant of the Landlord.  The key word is LAWFUL OCCUPATION of premises by the tenant in ODUYE v. NIG. AIRWAYS LTD; the Supreme Court stated that when a person occupied premises lawfully he becomes a protected tenant and it does not matter whether he pays regular rent, subsidised rent or indeed no rent. What is necessary to come within the Law is lawful occupation. WHO IS A STATUTORY TENANT? He is a person who holds over premises after his tenancy has expired. SULE V. NIG. COTTON BOARD A SERVICE TENANT could servant or any employee given residential accommodation in his official capacity as...
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RECOVERY OF POSSESSION OF PREMISES. PART 2

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SCOPE AND APPLICATION OF THE LAGOS STATE TENANCY LAW 2011 It applies to residential and business premises. EXEMPTED AREAS  However, it doesn’t apply to all areas in Lagos.  Apapa, Ikeja GRA, Ikoyi Victoria Island EXEMPTED PREMISES Section 1(3) of the Tenancy law of Lagos State 2011 states that:- The law shall not apply to  Residential Premises owned or operated by an education institution for its staff and students. Residential premises provided for emergency shelter. Residential premises in a care or hospice faculty or in a public or private hospital or a mental health facility. Residential premises for providing rehabilitative and Therapeutic treatment. The OBJECT of the various laws is to regulate the relationship between Landlord and Tenant and to prevent arbitrary increase in rent. It is also to prevent unlawful ejection of tenants. It is also to prevent illegal holding over by tenants.  COURTS WITH JURISDICTION FOR ABUJA: Recovery of possession case...
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RECOVERY OF POSSESSION OF PREMISES. PART 1.

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Today, we shall discuss the applicable Laws for the recovery of possession of premises in Abuja and Lagos.  Let's start with ABUJA. In Abuja, we have the following laws that are applicable for the recovery of possession of premises and they are as follows:- 1) Recovery of Premises Act Cap 544 LFN  Abuja 1990  2) High Court Rules Abuja. In LAGOS, we have the following laws that are applicable for the recovery of possession of premises and they are as thus:- 1. TENANCY LAW OF LAGOS STATE 2011 – applies to residential and business premises but it doesn’t apply to the whole of Lagos (doesn’t apply to Ikeja GRA, Victoria Island, Ikoyi, Apapa and houses owned and operated by educational institutions, hospitals, care/hospice facilities, emergency shelters). 2. Recovery of Premises Law CAP 118 Laws of Lagos State : applies to business premises in those areas excluded under Tenancy Law Lagos State 2011. 3. Common law principles in respect of landlord and tenant and ...
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Consumer protection in e-commerce.

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Consumer protection in e-commerce is a crucial aspect of creating a secure and trustworthy online marketplace.  It involves a set of measures and regulations aimed at ensuring the rights and interests of consumers are safeguarded during online transactions.  Consumers are one of the major components of the business system. The  consumers are persons who use the goods and services offered by the business Players.  The protection of the rights of the consumers is also important for the  betterment of the commercial world. With the advent of the internet and World Wide Web there was an expansion of traditional commercial activities into the electronic platform. People are becoming more attracted towards online shopping.  The e-commercial activities have become the most important and happening activities which are taking place in cyberspace. Many e-commercial activities take place in cyberspace.  The e-commerce platform had enabled the Indian c...
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Cybercrime laws and regulations

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Cybercrime laws and regulations Cybercrime law includes laws related to computer crimes, internet crimes, information crimes, communications crimes, and technology crimes. While the internet and the digital economy represent a significant opportunity, they’re also an enabler for criminal activity. Cybercrime laws are laws that create the offences and penalties for cybercrimes.  Cybercrime is a global problem, which requires a coordinated international response.  Cyber crime has become a global phenomenon; this kind of crime has the serious potential for severe impact on our lives, society, and economy because our society is becoming an information society where communication takes place in cyberspace. While there are several textbooks talking about cyber crime, but only few literatures focus on the relevant laws to combat these seemingly uncontrollable phenomenon.   In other words, most materials talk about the crime of cyber crime witho...
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Regulatory compliance for online businesses

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What is Regulatory Compliance? Regulatory compliance involves the process of ensuring that an organization adheres to the rules and standards set forth by regulatory bodies, which can include government agencies or industry associations.  The primary goal is to enable organizations to operate within legal and ethical boundaries, mitigating the risk of penalties or sanctions imposed by regulators. This adherence to regulations is crucial for maintaining the integrity of business operations and safeguarding against potential legal consequences. Regulatory compliance, a longstanding concept, has become increasingly essential in tandem with technological advancements. As businesses leverage technology to innovate products and services, the risk of inadvertently violating regulations or struggling to keep pace with them rises.  Regulatory compliance serves as a guiding framework, enabling companies to navigate the intersection of technology and adherence to regulations,...
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STEPS TO EVICT A TENANT LAWFULLY

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STEP 1: ISSUANCE OF LATE RENT NOTICE  This is usually the first step when the reason for the eviction is for non-payment of the rent. Here, the landlord or your authorized agent is required by law to have made several demands on the tenant.  Under the law, a landlord can seek an order of possession and an order for the recovery of unpaid rent in court. The landlord will be required to provide evidence of the non-payment of arrears of rent in court.  Therefore, the landlord is required to issue a letter titled “Late Rent Notice” to the tenant. This would serve as the evidence in court.  STEP 2: ISSUANCE OF A NOTICE TO QUIT  This is mandatory for periodic leases and the length of the notice to quit depends on the agreement signed by both parties (the landlord and the tenant). For example, the landlord and the tenant can agree that a one month notice would be given in the case of the yearly tenancy by stipulating it in the tenancy agreement and executin...
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