Introduction
The relationship between a landlord and a tenant in Nigeria is governed by the tenancy agreement between the parties and the laws applicable in the jurisdiction where the property is located. Disputes may arise over rent, notices to quit, possession of the property, repairs, interference with occupation and other obligations arising from the tenancy.
Tenants are not without legal protection. However, the precise rights available and the procedure for enforcing them may depend on the nature of the tenancy, the terms agreed by the parties and the law applicable in the relevant state or jurisdiction.
This guide highlights some important issues tenants should understand when dealing with landlord-tenant disputes and the legal remedies that may be available where a landlord fails to follow the applicable law.
Understanding the Tenancy Agreement
A tenancy agreement is an important starting point in determining the rights and obligations of a landlord and tenant. The agreement may be written or, in some circumstances, oral, although a written agreement generally provides greater certainty regarding the terms of the tenancy.
Depending on the circumstances, the agreement may address matters such as:
- The duration and nature of the tenancy;
- The amount of rent and when it is payable;
- The obligations of the landlord and tenant;
- Conditions relating to the use of the property;
- Responsibility for repairs and maintenance;
- The circumstances in which the tenancy may be terminated; and
- The notice required before the tenancy is brought to an end.
Before entering into or renewing a tenancy, both parties should understand the terms governing their relationship. Where a dispute arises, the tenancy agreement may be an important document in determining the rights and obligations of the parties.
Protection Against Unlawful Eviction
One of the most important protections available to a tenant is that a landlord must generally follow the applicable legal procedure before recovering possession of premises occupied by a tenant.
The precise procedure may differ depending on the jurisdiction and the nature of the tenancy. In many landlord-tenant relationships, the process may involve determining the tenancy in accordance with the applicable law or agreement, serving any required notices and, where the tenant does not give up possession, commencing proceedings before a court of competent jurisdiction.
A landlord should not assume that the mere expiration or service of a notice automatically authorises the physical removal of a tenant from the premises. Recovery of possession must be carried out through the procedure prescribed by the applicable law.
Notices to Quit and Other Notices
The validity and effect of a notice served on a tenant may depend on several factors, including the nature of the tenancy, the terms of the tenancy agreement and the legislation applicable in the jurisdiction.
Where a tenant receives a notice to quit or another notice relating to recovery of possession, it may be important to consider:
- Whether the tenancy has been properly determined;
- Whether the appropriate period of notice was given;
- Whether the notice complies with the applicable law;
- Whether the notice was properly served; and
- Whether any further legal steps are required before possession can be recovered.
A defect in a notice or in the procedure adopted by a landlord may be relevant to a subsequent dispute. However, the effect of any alleged defect will depend on the applicable law and the particular facts of the case.
Peaceful Enjoyment and Interference With Possession
A tenancy gives the tenant the right to occupy the premises for the duration and on the terms recognised by the tenancy. A landlord’s ownership of the property does not necessarily permit arbitrary interference with a tenant’s lawful possession.
Disputes may arise where there is an allegation of conduct intended to force a tenant out of the premises without following the appropriate legal process. Depending on the facts and the applicable law, a tenant who suffers unlawful interference may have legal remedies available.
Rent and Other Financial Obligations
Rent is one of the principal obligations arising from a tenancy. A tenant should understand the amount payable, the payment period and any other financial obligations created by the tenancy agreement or applicable law.
Questions concerning rent increases, service charges and other payments should be considered in light of the tenancy agreement and the legislation applicable to the property. The law governing these issues may not be identical throughout Nigeria.
For this reason, a tenant facing a substantial rent increase or a dispute over additional charges should examine the applicable tenancy agreement and obtain advice on the law governing the particular property.
Repairs and the Condition of the Premises
Disputes concerning repairs and the condition of rented premises are common. The responsibility for particular repairs may arise from the tenancy agreement, the nature of the tenancy or applicable legislation.
A tenant experiencing serious problems with the condition of rented premises should keep appropriate records of the issue and, where possible, communicate the complaint to the landlord in a manner that can later be proved.
The legal consequences of a landlord’s failure to carry out repairs will depend on the terms of the tenancy and the applicable law. Tenants should therefore avoid assuming that a particular remedy applies automatically in every situation.
Legal Remedies Available to Tenants
Where a dispute cannot be resolved between the parties, a tenant may have legal remedies depending on the circumstances of the case.
Possible remedies may include:
- Defending Recovery Proceedings: A tenant may raise an appropriate defence where recovery proceedings are commenced and there is a legal basis for challenging the claim.
- Seeking Injunctive Relief: In appropriate circumstances, a court may be asked to intervene to prevent threatened or continuing unlawful conduct.
- Claiming Damages: Where unlawful conduct causes a tenant to suffer a legally recognisable loss, a claim for damages may arise depending on the facts and applicable law.
- Challenging Improper Notices or Procedure: A tenant may raise objections where notices or recovery proceedings do not comply with the requirements of the applicable law.
- Negotiating a Resolution: Some landlord-tenant disputes may be resolved through negotiation, mediation or another lawful dispute-resolution process.
What a Tenant Should Do When a Dispute Arises
A tenant facing a serious dispute with a landlord should avoid taking matters into their own hands. Practical steps may include:
- Reviewing the tenancy agreement;
- Keeping copies of notices, receipts and other relevant documents;
- Documenting important communications and events;
- Responding appropriately to any notice or court process received;
- Exploring whether the dispute can be resolved amicably; and
- Seeking professional legal advice where the dispute involves possible eviction, significant financial claims or court proceedings.
Conclusion
Tenants in Nigeria have legal protections, but the nature and extent of those protections depend on the tenancy, the agreement between the parties and the law applicable to the property.
A landlord-tenant dispute should therefore not be approached on the assumption that a single rule applies throughout Nigeria. Questions concerning notices to quit, rent, recovery of possession, repairs and other tenancy issues may require consideration of the legislation applicable in the relevant jurisdiction.
Understanding the applicable law, keeping proper records and responding promptly to notices and court processes can help a tenant protect their legal position when a dispute arises.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Landlord-tenant laws and procedures may differ depending on the location of the property and the circumstances of the tenancy. For advice relating to a specific dispute, consult a qualified legal practitioner.
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