By Victor Gbonegun
A Lagos-based Lawyer, Olajide Ajana has called for the review of the existing Tenancy Laws in Lagos State following the enforcement of a new Monthly Tenancy Scheme.
Ajana, a Solicitor of the Supreme Court of Nigeria, made the call while speaking on what to expect when the new Monthly Tenancy Scheme is passed into Law in Lagos.
The Lagos State Government had in December 2021 said it would be implementing a monthly rent scheme in the state beginning from January 2022.
One of the provisions of the new Tenancy Laws is that tenants in the state will no longer be required by their landlords to pay their rents yearly or two, three years in advance.
Ajana while examining the implication of the new Monthly Rent Scheme however expressed doubt if the existing Tenancy Laws of Lagos State would suffice in dealing with mirage of issues that will be arising and the volumes of cases that will be an off shoot of the said initiative.
Ajana, who sighted some cases to explain his points said the focus of discuss is if the provisions of Tenancy law No 14, 2011 Laws of Lagos State of Nigeria, would be relevant or sufficient for an all Monthly Tenant rent payment.
“On Grounds for recovery of premises; Failure to pay rent as and When due without any reasonable explanation for Such default, or bringing on the premises things or creating on the premises. Situations that threaten not only the safety of premises and occupiers but render quiet occupation impossible, the notice of intention to recover possession could be served on the tenant followed by notice to quit to be decided by the court.
“Similarly, when the premises is required for overriding convenience of the family, notice of intention to recover is sufficient to lead to recovery of the premises. All these remedies could be invoked individually or cumulatively if they do exist. (P. 264, paras. G-H). Section 13 (1) –(6) Tenancy law No 14 2011 Laws of Lagos State Of Nigeria also make provision for the Length of Notice required to recover a demised premises,” he said.
Ajana who sighted African Petroleum Ltd. v. Owodunni(1991) 8 NWLR (Pt. 210) 391 and Muonanu v. Nwaemelu (2021) 3 NWLR (Pt. 1763) 216 said It should be noted that Landlords cannot recover premises without serving appropriate notices in accordance with the prescribed laws and rules.
