The New Lagos Tenancy Regulation: Who Does It Favor Most, The Landlord or the Tenant?

For a regulation to control rights and obligations under tenancy agreements and the marriage among the Landlord and the tenant which include the method for the restoration of premises and for other linked uses in Lagos Point out.

The Lagos State Home of Assembly enacts as follows:

Typical Application
1. Software of Law
2. (1) This Legislation shall implement to all premises in Lagos Point out, including enterprise and residential premises unless of course usually specified
(2) This Regulation shall not utilize to:
(a) residential premises owned or operated by an educational establishment for its employees and students
(b) household premises furnished for emergency shelter
(c ) Household premises
(i) in a treatment or hospice facility
(ii) in a community or personal medical center or a mental wellbeing facility and
(d) that is designed offered in the class of providing rehabilitative or therapeutic treatment.

2. Jurisdiction of the Courts
(1) A Courtroom shall have jurisdiction on application manufactured to it by a landlord or tenant or any intrigued particular person to figure out issues in regard of the tenancy of any premises allow before or just after the graduation of this Law.
(2) The jurisdiction of a Court docket shall not be ousted by the defendant or respondent setting up the title of any other occasion.
(3) Proceedings may perhaps be brought underneath this Law at the Substantial Courtroom or at the Magistrates Courtroom in the division or the Magisterial District in which the topic matter providing increase to the proceedings is located.
(4) Matter to the provision of this Regulation, a Court docket shall be certain by the exercise and technique in civil matters in the Magistrates Courtroom or the High Court of Lagos Condition.

3. Tenancy Agreement
For the uses of this Legislation, a tenancy agreement shall be considered to exist where by premises are granted by the landlord to a man or woman for price no matter if or not it is
(a) convey or implied
(b) oral or in producing or partly oral or partly composed or
(c) for a fixed time period.

4. Advance Lease
(1) It shall be illegal for a landlord or his agent to need or acquire from a sitting tenant lease in surplus of 3 (3) months in regard of any premises.
(2) It shall be illegal for a sitting down tenant to offer you or pay out rent in excessive of a few (3) months in regard of any premises.
(3) Any human being who gets or shell out rent in surplus of what is approved in this segment shall be responsible of an offence and shall be liable to a fantastic of one hundred thousand naira (N100,000.00) or to a few (3) months imprisonment or any other non-custodial disposition.

5. Rent payment receipt
(1) As from the graduation of this Law, all landlords of premises shall on payment of rent by the tenants, be obliged to challenge a lease payment receipt to their tenants in regard of these payments.
(2) The receipt shall condition the
(a) Day of which lease was obtained
(b) Identify of the landlord and the tenant
(c) Site of premises in regard of which the rent is paid
(d) Total of lease compensated and
(e) Time period to which the payment relates.
(4) Any landlord who fails to difficulty a hire payment receipt to his tenant as prescribed less than this Portion, shall be liable to a good of ten thousand Naira (N10,000.00) payable to the Court.


6. Rights of the get-togethers
(1) The tenants entitlement to quiet and peaceable enjoyment features the correct to:
(a) affordable privateness
(b) flexibility from unreasonable disturbance
(c) Exclusive possession of the premises, subject matter to the landlords restricted suitable of inspection and
(d) the use of typical areas for sensible and lawful uses.
(2) Where by a tenant with the past consent in crafting of the landlord, outcomes advancements on the premises and the landlord decides the tenancy, these kinds of a tenancy shall be entitled to declare payment for the influence enhancements on quitting the premises.

6. Obligations of the Tenant
Subject matter to any provision to the contrary in the settlement concerning the events, the tenant shall be obliged to do the pursuing:
(1) Pay back the rents at the situations and in the way mentioned.
(2) Pay out all existing and future prices and fees not relevant to the landlord by regulation.
(3) Keep the premises in very good and tenantable maintenance, realistic don and tear excepted.
(4) Allow the landlord and his brokers for the duration of the tenancy at all realistic hrs in the working day time by composed see, to look at the issue of the premises and to impact repairs in required parts of the creating.
(5) Not to make any alterations or additions to the premises with out the composed consent of the landlord.
(6) Not to assign or sublet any aspect of the premises without the need of the written consent of the landlord.
(7) Notify the landlord the place structural or substantial hurt has happened to any section of the premises as soon as practicable.

7. Obligations of the Landlord

8. Subject to any provision to the opposite in the arrangement involving the functions, the landlord shall be obliged to do the adhering to:
(1) Not to disturb the tenants tranquil and peaceable pleasure of the premises.
(2) Pay out all fees and costs as stipulated by legislation.
(3) Continue to keep the premises insured against decline or damage.
(4) Not to terminate or prohibit a frequent facility or service for the use of the premises.
(5) Not to seize or interfere with the tenants access to his own property.
(6) Influence repairs and maintain the exterior and prevalent parts of the premises.

9. Obligations of landlord regarding business enterprise premises only
Topic to any provision to the opposite in the agreement among the events, a business premises settlement shall be taken to offer that where the landlord
(a) inhibits the access of the tenant to the premises in any considerable fashion
(b) requires any motion that would significantly alter or inhibit the flow of the clients, clientele or other individuals utilizing the tenants business enterprise premises
(c) results in or fails to make fair efforts to stop or take away any disruption to trading or use in just the business premises which benefits in decline of income to the tenant
(d) fails to have rectify as soon as practicable, any breakdown of plant or tools less than his care and routine maintenance which outcomes in reduction of income to the tenant or
(e) fails to keep or repaint the exterior or the prevalent components of the constructing or structures of which the premises is comprised and right after currently being offered notice in creating by the tenant requiring him to rectify the matter, does not do so in this sort of time as is moderately practicable, the landlord, is liable to spend to the tenant these kinds of sensible compensation as shall be decided by the Court, where by the tenant outcomes the repairs or routine maintenance.

10. Provider Demand, Services and Protection Deposits
In any situation the place the landlord or his agent may perhaps in addition to rent involve the tenant or licensee to pay:
(a) a security deposit to protect problems and repairs to the premises
(b) for services and services for the premises or
(c) support prices in flats or units that retain popular areas on the premises, the landlord or his agent shall situation a individual receipt to the tenant for payments been given the this kind of tenant shall be entitled to a written account at minimum each and every six (6) months from the landlord of how moneys paid were being disbursed.

11. Provision for re-entry
Subject matter to
(a) any provision to the contrary in the agreement between the functions and
(b) the services of method in accordance with the related provisions of the Law, upon the breach or non-observance of any of the situations or covenants in regard of the premises, the landlord shall have the right to institute proceedings for an get to re-enter and identify the tenancy.

12. Size of Detect
(1) Where by there is no stipulation as to the recognize to be specified by both social gathering to figure out the tenancy, the following shall apply
(a) a months see for a tenant at will
(b) one particular (1) months see for a regular tenant
(c ) 3 (3) months discover for a quarterly tenant
(d) three (3) months recognize for a 50 percent-annually tenant and
(e) 6 (6) months detect for a annually tenant.
(2) In the case of month to month tenant, the place he is in arrears of lease for three (3) months, the tenancy shall be established and the Courtroom shall make an get for possession and arrears of hire on proof of the arrears by the landlord.
(3) In the scenario of a quarterly or 50 percent-annually tenant, wherever he is in arrears of rent for 6 (6) months, the tenancy shall be identified and the Court docket shall make an buy for possession and arrears of lease on proof of the arrears by the landlord.
(4) See of tenants under subsection (1) ( ), (d) and (e) of this Portion require not terminate on the anniversary of the tenancy but might terminate on or after the day of expiration of the tenancy.
(5) In the scenario of a tenancy for a preset time period, no observe to stop shall be essential at the time the tenancy has been determined by effluxion of time and in which the landlord intends to progress to Court to recuperate possession, he shall serve a seven (7) days prepared recognize of his intention to utilize to get better possession as in Sort TL4 in the Timetable of this Legislation.
(6) The character of a tenancy shall, in the absence of any proof to the contrary, be identified by reference to the time when the hire is paid or demanded.

13. Notice to Licensee
In which a man or woman is a licensee and upon the expiration or withdrawal of his license, he refuses or neglects to give up possession he shall be entitled to company of a 7 (7) days discover of the house owners intention to use to get better possession as in Form TL4 in the Agenda to this Legislation.

14. See essential for deserted premises
(1) A premises will be considered to be deserted where by the
(a) tenancy has expired and
(b) tenant has not occupied the premises considering the fact that the tenancy expired and has not supplied up lawful possession of the premises.
(2) Adhering to subsection (1) higher than, the landlord shall
(a) difficulty a seven (7) days detect of the landlords intention to get well possession as approved in Sort TL4, which shall be served by pasting the recognize on the deserted premises and
(b) apply to the court docket for an get for possession and an purchase to power open the premises.

15. Tenant refusing or neglecting to give up possession
As quickly as the time period or interest of any premises has been determined by a composed recognize to give up as in Sort TL2 or TL3, in the Timetable this his Law and the tenant neglects or refuses to quit and deliver up possession of the premises or any aspect of it, the Landlord or his agent may perhaps lead to the tenant to be served with penned recognize as in Sort TL4, signed by the Landlord or his agent, of the landlords intention to proceed to recover possession, stating the grounds and particulars of the declare, on a date not significantly less than 7 (7) days from the day of the notice.

16. Provider of Notices
(1) Notices referred to below Sections 12-15 of this Legislation shall be by correct provider as approved underneath Segment 17 and 18.
(2) Appropriate provider shall be support in these a manner that it can be proven to the pleasure of the court that the particular person to be served will have expertise of any of the notices.

17. Services of Notices for Residential Premises
Appropriate service on a tenant of household premises shall be own service, which consists of but is not restricted to the next
(a) service on the tenant in man or woman
(b) delivery to any grownup residing at the premises to be recovered
(c) by courier wherever the tenant are not able to be identified, by delivering exact at the premises sought to be recovered and the courier shall deliver evidence of shipping or
(d) affixing the discover on a distinguished element of the premises to be recovered and offering corroborative proof of service.

18. Service of Notices for Business enterprise Premises
Good company on a tenant of a enterprise premises shall be by
(a) delivery to a individual at the business enterprise premises sought to be recovered or
(b) affixing the see on a outstanding component of the premises to be recovered and giving corroborative evidence of provider.

19. Responsibility to notify other folks in profession
The place the tenant is a human being other than an person (together with a corporate entity), the landlord shall assure good service of all notices demanded under this Law on the tenant:
Presented that the failure of the tenant to notify any other person in profession shall not affect the proceedings to recover possession.

20. Individuals in unlawful occupation
Exactly where a person statements possession of premises which he alleges is occupied only by a particular person in illegal occupation, the proceedings for restoration of the premises shall be by the summary treatment contained in the Civil Treatment Procedures of the suitable courtroom.

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