Recovery of Premises

Question 1

What laws govern the recovery of premises in Lagos?

Answer 1

1. The Tenancy Law of Lagos State 2011 applies to both residential and business premises throughout Lagos state
2. Recovery of Premises Law of Lagos State applies to business premises in Apapa, Ikeja GRA, Ikoyi and Victoria-Island

Question 2

What areas are exempted from the Tenancy law of Lagos State 2011?

Answer 2

Apapa, Ikeja GRA, Ikoyi, and Victoria-Island

Question 3

What law governs the Abuja recovery of premises?

Answer 3

Recovery of Premises Act

Question 4

What court has jurisdiction over tenancy matters?

Answer 4

Magistrates court or the High Court

Question 5

What is the limit on the jurisdiction of the magistrate court?

Answer 5

Limited to claims where the annual rental value is N`10 million or less

Question 6

what is the limit on the jurisdiction of magistrate where the additional claim exceeds 10 million?

Answer 6

The magistrate will still have jurisdiction

Question 7

Where is the action for recovery commenced in Abuja?

Answer 7

In the district court or the high court

Question 8

What is the monetary limit of the magistrate in Abuja

Answer 8

N5 million

Question 9

Who is a statutory tenant?

Answer 9

is a tenant protected by the law from being evicted from the premises without following the due process of law

Question 10

Who is a trespasser or a squatter

Answer 10

A person who is in unlawful occupation of premises

Question 11

Who is a tenant at will

Answer 11

Is a person who occupies premises purely at the will of the landlord.

As such he may be given reasonable notice to give up the premises at any time.

There is no fixed period given to him by the landlord

Question 12

Who is a licensee?

Answer 12

A person who is on premises with the landlord’s permission.

Such permission may be withdrawn at any time

Question 13

What is the procedure for recovery of premises?

Answer 13

1. Obtain letter of authority from landlord
2. Serve notice to quit
3. If notice to quit is not complied with, serve a 7 days notice of intention to recover possession of premises
4. If there is still no compliance with the 7 days notice of intention to recover possession of premises, commence action in court for recovery of premises

Question 14

How should the letter of authority from landlord be given?

Answer 14

Authorisation should be given in writing

Coker v Adetayo

Question 15

Who should serve a notice to quit ?

Answer 15

May be served by the landlord or his solicitor/agent authorised to do so.

Question 16

How is length of notice to quit determined?

Answer 16

It is open to parties to determine the length of notice to quit

In the absence of any agreement between the parties, the following would apply:
1. Tenancy at will- 1 week notice
2. Weekly tenancy- 1 week notice
3. Monthly tenancy- 1 month notice
3. Quarterly tenancy- 3 months notice
4. Half-yearly tenancy - 3 months notice
5. Yearly tenancy- 6 months notice
If the length of notice is short by even one day, the notice will be declared invalid

Nnadozie v Oluoma

Question 17

What does statutory interpretation say about calculating one month’s notice?

Answer 17

one month is calculated to be the corresponding day in the ensuing month, less one day

Question 18

What does common law say about calculating one month’s notice

Answer 18

A calendar month ends on the day of the ensuing month having the same number

or if the ensuing month does not have the same number, then the last day of the month

Question 19

What does ‘one clear month’ mean

Answer 19

If parties have provided specifically for ‘one clear month’s notice’ it means the notice must encompass a full month inclusive of the first day and the last day of the month

Question 20

When should notice to quit expire under RPL & RPA ?

Answer 20

Under the RPL and RPA notice to quit should terminate on the eve of the anniversary of the tenancy

Question 21

When should notice to quit expire under TL?

Answer 21

Under the TL notice to quit foes not need to terminate on the eve of anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy

Question 22

when is service of notice to quit not necessary?

Answer 22

If a monthly tenant is in arrears of rent for more than 6 months S. 13(2) TL

2. If a quarterly or half-yearly tenant is in arrears of rent for 1 year. S.13(3) TL
3. Tenancy for a fixed term determined by effluxion of time
4. If tenant serves the landlord a notice of termination of tenancy

Question 23

What forms are used for serving notice to quit under TL?

Answer 23

Form TL 2 ( By the landlord)

Form TL 3 ( By the solicitor)

Question 24

What forms are used for serving notice to quit under the RPL?

Answer 24

Form B ( By the landlord) 
Form C ( By the solicitor)

Question 25

How is 7 days notice calculated?

Answer 25

Using '7 clear days' i.e. the day of service is excluded in the computation while the day of expiry is included

Question 26

What is the effect if notice is short even by one day?

Answer 26

It is invalid Nnadozie v Oluoma

Question 27

What is the condition precedent to the landlord's right to bring an action for recovery of premises?

Answer 27

Service of the notice of intention to recover possession of premises

Question 28

When will the court have jurisdiction to hear a recovery of premises matter?

Answer 28

After the expiration of 7 clear days

Question 29

what are the contents of the 7 clear days notice to recover premises

Answer 29

1. Name of addressee 2. Name of solicitor/agent 3. Owner's name 4. State that the tenancy has ended and on what day it was determined 5. State that 7 clear days from the day of service of the notice, you will proceed to the court to recover possession of the premises 6. State the ground/statutory right on which you seek possession

Question 30

What form is used for serving 7 clear days notice of intention to recover possession of premises?

Answer 30

Under the TL, Form TL 4 is used | Under the RPL/RPA , Form E is used

Question 31

How should notice be served on the tenant under the RPL/RPA?

Answer 31

Served personally, but may be pasted in a conspicuous part of the premises if the tenant is unavailable Leave of the court is not required

Question 32

How should notice be served on the tenant under the TL?

Answer 32

Personal service is required, however, personal service includes pasting it in a conspicuous area of the premises or serving it on an adult, or by courier

Question 33

when is action for recovery of premises commenced?

Answer 33

When there is still no compliance with the 7 days' notice of intention to recover

Question 34

How is an action for recovery of premises commenced in High Court ?

Answer 34

The landlord or his agent may apply to the court for the issuance of a writ

Question 35

How is an action for recovery of premises commenced in the magistrate court (Abuja) ?

Answer 35

Enter plaint as in Form F against such person refusing to deliver up possession

Question 36

How is an action for recovery of premises commenced in the parts of Lagos where TL does not apply ( magistrate) ?

Answer 36

Ordinary summons

Question 37

How is an action commenced to recover premises under TL

Answer 37

The landlord or his agent may file an action by way of summons as in Form TL6; with particulars of claim annexed

Question 38

What happens if the action brought by the landlord is successful?

Answer 38

He will be issued with a warrant of possession which entitles him to repossession of the premises

Question 39

What form issues the certificate of warrant issued and for how long?

Answer 39

Issued in Form 10 Valid for a period of 3 months It can be renewed 3 more times

Question 40

Which grounds would a landlord need to prove in court if stated in the notice to quit under the TL?

Answer 40

In the absence of contrary agreement, these are the grounds the court will consider when ordering possession: 1. Arrears of rent 2. Breach of covenant 3. Where the landlord requires the premises for personal use 4. Where the premises requires substantial repairs s.25(1)TL

Question 41

Which grounds would a landlord NOT need to prove in court if stated in the notice to quit under the TL?

Answer 41

The court shall have power to order possession upon proof of the following: 1. Premises is being used for immoral/illegal purposes 2. The tenant has abandoned the premises 3. The premises is unsafe and unsound to constitute danger to human life 4. The tenant is constituting an intolerable nuisance 5. The tenant is inducing a breach of the tenancy agreement

Question 42

When can a tenant file a counter-claim?

Answer 42

For compensation for unexhausted improvement made by the tenant

Question 43

What is required for a counter claim for unexhausted improvements to succeed?

Answer 43

The tenant must have carried out such improvements with the written consent of the landlord

Question 44

Can a landlord resort to 'self-help' in his effort to recover possession of premises?

Answer 44

By virtue of s.44(1) of the Lagos State Tenancy Law 2011 A landlord is prohibited from self-help in recovering his premises and can be sued/made liable for damages worth 250,000 or 6 months imprisonment

Question 45

When does a landlord not need to serve a notice to quit?

Answer 45

A landlord is not required to serve notice to quit where the tenancy has expired by effluxion of time or by operation of law.