By Dave Ajetomobi
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Continued from last week
The Tenancy Law of Lagos State makes provisions for five types of tenancy which are:
- Weekly tenancy
- Monthly tenancy
- Quarterly tenancy
- Half yearly tenancy
- Yearly tenancy.
Outside these five, there are other types like leasehold, the occupiers are usually called lessee while the landlords are called lessor.
The weekly tenants are tenants who pay rent on weekly basis, monthly tenants pay rent monthly, quarterly tenants pay every quarter, half yearly tenants pay every 6 months while yearly tenants pay on yearly basis.
In Leases however, the rent or the consideration is not paid on weekly, monthly, quarterly or yearly basis. A lease may grant a term of 50 years and stipulate how the rent should be paid. For instance, it may require that the rent should be N250, 000. 00 per annum but N10 years rent should be paid in advance and make provisions for rent review after a period of time.
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Termination of Tenancy
The tenancy Law of Lagos state for example made provision for the termination of tenancy by the landlord in section 13 of the Law.
- Weekly tenant is entitled to one week notice
- Month notice is entitled to one month notice
- Quarterly tenant is entitled to a three (3) months’ notice.
- Half yearly tenant gets six months’ notice.
- Yearly tenant is entitled to 6 months’ notice.
However, there are circumstances that may allow the landlord to issue notices short of what the law provides, for instances, if a monthly tenant is owning 6 months’ rent, he is only entitled to seven days’ notice because the tenancy has been determined by operation of law after six months’ rent become outstanding. See section 13 (2) of the Lagos Law. This is also the position at common Law.
Also where a quarterly or half yearly tenant is in arrears of rent for one year, the tenancy is determined by operation of law and the tenant is only entitled to a notice of owner’s intention to apply to recover possession (i.e. 7 days’ notice).
The law did not make provisions for yearly tenancy that is indebted but the Supreme Court I the case of Oduntola & Anor V. Papersack Nig. Ltd (2016) LPELR 2259SC stated that if a yearly tenant defaulted and failed to pay after his rent has expired he will only be entitled to seven days’ notice and not six months’ notice as provided for the normal tenant who is not in default.
It is to be noted that under normal circumstances, two notices are required to be served, these are notice to quit which effectively terminates the tenancy. Is the tenant still remains in possession after the notice to quit has been issued, the landlord notice is required to issue and serve the notice of landlord’s intention to apply to recover possession (7 days’ notice) after the expiration of the notice to quit.
However, under some exceptions already discussed above, the landlord is only required to issue and serve seven days’ notice.
The issuing and serving of statutory notices are very important in tenancy law. If the notices are not properly issued or the premises concerned is not properly described in the notice, the case for possession will not succeed.
For instance if the premises is a three bedroom flat but erroneously described as two bedroom flat or the wrong address is stated in the notice served. The action to recover is sure to fail.
There is another type that is not very common but is nevertheless exists, it is called licence.
Licence is a permission to enter upon and remain in the premises of another for an agreed purpose and who granted that permission is called the Licensor while the person taking it is called the Licensee.
Under the common law there are 2 types of licences:
- Bare Licence
- Contractual Licence
Bare license merely permits a licensee to enter a licensor’s premises without which he becomes a trespasser while contractual licence on the other hand require the licensee to furnish consideration in other words he is required to pay for the premises to enter upon the licensor’s land. Examples are lodging in hotel or watching football in a stadium or viewing centre.
It is to be noted that while a tenant can maintain an action in trespass against his landlord, a licensee cannot be because he does not acquire any interest in the property.
This is because the tenant is in the exclusive possession of the premises while the tenancy lasts, a licensee in a viewing centre cannot claim to be in exclusive possession.
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