RECOVERY OF POSSESSION OF PREMISES. PART 3

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 long as he is still in the service of his employer. 

Whether a service tenant or service occupant, he is a LICENCEE and no need to serve him notices: CHUKWUMA v. SPDC  

DIFFERENCE BETWEEN A SERVICE TENANCY AND SERVICE OCCUPANCY  

Service occupancy is when a premise is given to a person depending on one’s job while service tenancy is a person (usually an employee) given premises by his employer upon payment of some nominal rent. CHUKWUMA V. SHELL PETROLEUM DEV. CO. LTD, Section 13 of the Tenancy Law which provided for 7 days Notice of owner’s intention to recover the premises and recourse to the Courts to recover same ODUYE V. NIG. AIRWAYS.

TYPES OF TENANCIES  

1. TENANCY AT WILL  

Here the tenant stays in a property with the consent of the landlord for no fixed time. It could be determined at anytime by the landlord. ODUTOLA V. PAPERSACK (NIG.) LTD.

2. TENANCY AT SUFFERANCE  

The tenant is initially lawfully occupying the premises but later holds it without the consent of the Landlord because the tenancy has been determined. 

The tenant can be evicted by the Landlord and treated as a trespasser. In that case, he cannot sue the landlord for wrongful/unlawful ejection. 

3. PERIODIC TENANCY  

It is a tenancy for a fixed term, e.g. yearly, monthly, weekly etc. It has an inherent renewal at the expiration of the term granted. 

It can only be determined by issue of Notice to quit. 13 OF THE TENANCY LAW OF LAGOS STATE, 8(3) OF THE RECOVERY OF POSSESSION OF PREMISES ACT GAND V. JUBBER.

4. STATUTORY TENANCY  

This is a person/tenant staying on a premise under the protection of the Law. Example is a licensee entitled to 7 days Notice of owners’ intention to recover possession of premises.

This usually arises when the agreed term of tenancy has expired and the tenant retains possession. Section 13 of the Tenancy Law, PAN ASIAN AFRICAN CO. LTD V. NICON, AP V. OWODUNMI.

5. TENANCY BY ESTOPPEL  

Here a person, who takes premises from another as a landlord, is stopped from denying that fact that a landlord/tenant relationship exist. UDE V. NWARA 

LICENSEE  

A person is permitted to use premises without having any estate or exclusive possession of the premises. 

It arises out of privilege to use the premises by another who is the owner/lawful person in possession of the premises. CHUKWUMA V. SHELL PETROLUEM DEV. LTD, NWANO V. FCDA

A LICENCEE is not a tenant within the meaning of the law and is therefore not entitled to the statutory notices or the protection by the recovery law

TYPES OF LICENSEES

 A licensee may be any of the following types: 

1. Bare license- He is to be given 7 days Notice before the property in his possession is recovered.

2. Contractual license - This is regulated by the agreement of the parties.

3. License coupled with an interest- The license cannot be terminated until the condition or interest on which it was made has been satisfied or exhausted.