Recovery of Premises Flashcards
What laws govern the recovery of premises in Lagos?
- The Tenancy Law of Lagos State 2011 applies to both residential and business premises throughout Lagos state
- Recovery of Premises Law of Lagos State applies to business premises in Apapa, Ikeja GRA, Ikoyi and Victoria-Island
What areas are exempted from the Tenancy law of Lagos State 2011?
Apapa, Ikeja GRA, Ikoyi, and Victoria-Island
What law governs the Abuja recovery of premises?
Recovery of Premises Act
What court has jurisdiction over tenancy matters?
Magistrates court or the High Court
What is the limit on the jurisdiction of the magistrate court?
Limited to claims where the annual rental value is N`10 million or less
what is the limit on the jurisdiction of magistrate where the additional claim exceeds 10 million?
The magistrate will still have jurisdiction
Where is the action for recovery commenced in Abuja?
In the district court or the high court
What is the monetary limit of the magistrate in Abuja
N5 million
Who is a statutory tenant?
is a tenant protected by the law from being evicted from the premises without following the due process of law
Who is a trespasser or a squatter
A person who is in unlawful occupation of premises
Who is a tenant at will
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
Who is a licensee?
A person who is on premises with the landlord’s permission.
Such permission may be withdrawn at any time
What is the procedure for recovery of premises?
- Obtain letter of authority from landlord
- Serve notice to quit
- If notice to quit is not complied with, serve a 7 days notice of intention to recover possession of premises
- 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
How should the letter of authority from landlord be given?
Authorisation should be given in writing
Coker v Adetayo
Who should serve a notice to quit ?
May be served by the landlord or his solicitor/agent authorised to do so.
How is length of notice to quit determined?
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
What does statutory interpretation say about calculating one month’s notice?
one month is calculated to be the corresponding day in the ensuing month, less one day
What does common law say about calculating one month’s notice
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
What does ‘one clear month’ mean
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
When should notice to quit expire under RPL & RPA ?
Under the RPL and RPA notice to quit should terminate on the eve of the anniversary of the tenancy
When should notice to quit expire under TL?
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
when is service of notice to quit not necessary?
If a monthly tenant is in arrears of rent for more than 6 months S. 13(2) TL
- If a quarterly or half-yearly tenant is in arrears of rent for 1 year. S.13(3) TL
- Tenancy for a fixed term determined by effluxion of time
- If tenant serves the landlord a notice of termination of tenancy
What forms are used for serving notice to quit under TL?
Form TL 2 ( By the landlord)
Form TL 3 ( By the solicitor)
What forms are used for serving notice to quit under the RPL?
Form B ( By the landlord) Form C ( By the solicitor)
How is 7 days notice calculated?
Using ‘7 clear days’ i.e. the day of service is excluded in the computation while the day of expiry is included
What is the effect if notice is short even by one day?
It is invalid
Nnadozie v Oluoma
What is the condition precedent to the landlord’s right to bring an action for recovery of premises?
Service of the notice of intention to recover possession of premises
When will the court have jurisdiction to hear a recovery of premises matter?
After the expiration of 7 clear days
what are the contents of the 7 clear days notice to recover premises
- Name of addressee
- Name of solicitor/agent
- Owner’s name
- State that the tenancy has ended and on what day it was determined
- 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
- State the ground/statutory right on which you seek possession
What form is used for serving 7 clear days notice of intention to recover possession of premises?
Under the TL, Form TL 4 is used
Under the RPL/RPA , Form E is used
How should notice be served on the tenant under the RPL/RPA?
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
How should notice be served on the tenant under the TL?
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
when is action for recovery of premises commenced?
When there is still no compliance with the 7 days’ notice of intention to recover
How is an action for recovery of premises commenced in High Court ?
The landlord or his agent may apply to the court for the issuance of a writ
How is an action for recovery of premises commenced in the magistrate court (Abuja) ?
Enter plaint as in Form F against such person refusing to deliver up possession
How is an action for recovery of premises commenced in the parts of Lagos where TL does not apply ( magistrate) ?
Ordinary summons
How is an action commenced to recover premises under TL
The landlord or his agent may file an action by way of summons as in Form TL6; with particulars of claim annexed
What happens if the action brought by the landlord is successful?
He will be issued with a warrant of possession which entitles him to repossession of the premises
What form issues the certificate of warrant issued and for how long?
Issued in Form 10
Valid for a period of 3 months
It can be renewed 3 more times
Which grounds would a landlord need to prove in court if stated in the notice to quit under the TL?
In the absence of contrary agreement, these are the grounds the court will consider when ordering possession:
- Arrears of rent
- Breach of covenant
- Where the landlord requires the premises for personal use
- Where the premises requires substantial repairs
s.25(1)TL
Which grounds would a landlord NOT need to prove in court if stated in the notice to quit under the TL?
The court shall have power to order possession upon proof of the following:
- Premises is being used for immoral/illegal purposes
- The tenant has abandoned the premises
- The premises is unsafe and unsound to constitute danger to human life
- The tenant is constituting an intolerable nuisance
- The tenant is inducing a breach of the tenancy agreement
When can a tenant file a counter-claim?
For compensation for unexhausted improvement made by the tenant
What is required for a counter claim for unexhausted improvements to succeed?
The tenant must have carried out such improvements with the written consent of the landlord
Can a landlord resort to ‘self-help’ in his effort to recover possession of premises?
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
When does a landlord not need to serve a notice to quit?
A landlord is not required to serve notice to quit where the tenancy has expired by effluxion of time or by operation of law.
