Leases And Tenancies Flashcards
What kind of land transaction is usually but not necessarily for consideration?
Lease
What case defined a lease
Presidential Assurance co. V. London residuary body
Who pays the ground rent
The lessor pays ground rent to the governor
What rent does a lessee pay to a lessor for the occupation of property?
Rack rent or economic rent
what section provides for the power to impose ground rent and the obligation of a lessor to pay?
Section 5 (1) (c) of the land use act provides for the power to impose ground rent, and section 10 (b) of the land use act hey provides for the implied obligation of a lessor to pay
The rent review clause is stated in the……
Redendum
What section provides for the statutory notices for the different kinds of tenancies
Section 13 of the Tenancy Law of Lagos State
What section permits the creation of a parole lease
Section 3 of the Statute of Frauds Act
What section provides for the inability of an infant to create a lease
Section 7 of the Land Use Act
What case provides for where a body who is not a juristic or natural person is not allowed to create a lease
Idowu v. Williams
What are the essentials of a valid lease
- Ceratinty of parties
- Certainty of property
- Certainty of terms
- Exclusive possession
- Proper form
What case provides for certainty of property
Yakubu v. Kaduna furniture carpet
What case provides for certainty of term
Lace v. Chatler
What case provides for certainty of term where a term may be dependent on the occurrence of a future contingency?
Bosah v. Oji
What section of the law provides for a licensee
Section 47 of the Tenancy law of Lagos State
What case provides for assignment of lease
Nwakpa v. Nwogu
A grant of a right of occupancy constitutes….. between the state and the holder of the right
A leasehold
What are the areas not covered by the tenancy law of Lagos state
- Victoria Island
- Ikoyi
- Ikeja GRA
- Apapa
What law applies to the residential areas not covered by the Tenancy Law of Lagos State?
Rent Control & Recovery of Residential Premises of 1997
What law applies to the business areas not covered by the Tenancy Law of Lagos State?
Recovery of Premises Law
What case aids the principle that rent could be money or moneys worth
Pitcher v Tovey - Bottle of wine
What case aids the principle that where the time to pay rent is not stated in a deed it should be paid in arrears
GB Olliviant v. Alakija
What sections prohibit the charging of premium rent in Lagos
- Section 4 of the tenancy law of Lagos state
-section 4 of the rent control and recovery of residential premises 1997
What case provides for rent review clause
Unilife Dev. Co. V. Adeshigbin
Where is the rent clause usually inserted?
The redendum
What does it mean for a lease to commence on a date
It includes that date eg. 1st of January 2024 will end 31st of December 2024
What does it mean for a lease to commence from a date
It excludes that date eg. 1st of January 2024 will end 1st of January 2025
Covenant to pay rent is drafted in the …..
Redendum
Where there is no prescribed manner, rent should be paid…..
In arrears
What case provides for covenant to repair - do not leave it in a lesser condition than how you met it
Demure v. Plastic manufacturing
Where a lease is for short duration ……. has the obligation to repair where a lease is for a long duration ……. has the obligation to repair
Where a lease is for short duration the lessor has the obligation to repair where a lease is for a long duration the lessee has the obligation to repair
It is usual for ……. to undertake structural repair.
The land lord
It is usual for ……. to undertake internal repair.
The tenant
What section entitles the lessee to claim compensation for improvements made with written consent of the lessor after the lessor determines the lease
Section 6(2) of the Lagos Tenancy Law
what case contains the remedies for breach of covenant to repair
Reynolds construction company v. Rocking properties company
Can a tenant withhold rent for lack of repairs
No, he has no right to do so
what case provides for covenant against assignment
Keeves v. Dean
Can consent to sublet be withdrawn?
No
what case provides that consent to sublet cannot be withdrawn
Alakija v. John Holt
what case provides that the landlord may seek for reentry and forfeiture where there is a breach of covenant against assignment
Ojukwu v. Governor of Lagos state
What kind of covenat is a proviso for forfeiture and re-entry
It is an express covenant, but in Lagos it is implied under Section 17 (b) RTL
What are the ways the lessor may enforce a covenant of forfeiture and re-entry
- By peaceful re-entry
-By action to possession
Who prepares a lease?
The lessor solicitor
what section provides that it is the duty of the party that engages the solicitor in respect of tenancy transaction to pay for the service
Section 111 of the Tenancy law of Lagos 2011
What are the three conditions for an oral lease to be enforceable
Exclusive position must be taken by the tenant
Term of years must not exceed three years
The rent must have been paid
What are the conditions for the enforceability of a written lease?
Exclusive position must be taken by the tenant
Term of years must not exceed three years
The rent must have been paid
It must be in writing
It must be signed
