Iyanuloluwaabiola

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...

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...

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 ...