Securing one's personal shelter in a country like ours is an uphill task for many, as they are not financially buoyant to embark on such capital project. It therefore becomes imperative that temporary
arrangements be made to secure a place in the premises of other persons. This arrangement in law is referred to as Tenancy Contract.
Tenancy is a contract between two parties known as landlord and tenant, wherein the former rents out a portion of his premises for a duration and the latter pays an agreed sum. Tenancy relationship always have a happy beginning, however, history has repeatedly shown that the elated experience is mostly short lived within the span of one (1) to three (3) years. Thereafter the relationship becomes sore and both parties wished it never started.
This unpleasant experience has made many dread the subject matter of Tenancy. My friend, it is on the above premise that I write to inform you that tenancy as a contract is not really as hard as it appears to be. This is notwithstanding the stories of bitter experience(s) are not far-fetched from tenants and landlords living around your neighbourhood, or worst still, your personal experience. The challenges
faced by many (landlords/tenants) are majorly borne out of their ignorance of the rules of tenancy. This is why I deemed it important to share with you these so called rules.
First, you must know that tenancy is a contract and it is moderated by the law based on the express agreement of both parties at the inception of the tenancy and not at the whims and caprices of either the landlord or the tenant.
Secondly, you must appreciate that there are rights to be enjoyed as well as duties and obligations to be carried out by both the landlord and the tenant which are enforceable in court.
Thirdly, there are set down procedures for commencement as well as termination of the tenancy relationship and same must be adhered to strictly, else the defaulting party may have himself to blame. For the purpose of this edition of Public faces magazine, we shall limit our discussion to the rules guiding the commencement and termination of Tenancy.
COMMENCEMENT OF TENANCY CONTRACT Tenancy as a contract must start on the basis of the agreement of both the landlord and the tenant. Both parties are to state clearly their terms and conditions of entering into the contract, which are written down and signed as Tenancy agreement. Each party must know that the court only gives interpretation to the express intentions of the parties as agreed upon in the Tenancy agreement. It is also important to know that what is not expressly stated in the tenancy agreement might not be enforceable in court. (E.g. provisions against subletting) However, where there is no express agreement on some certain issues, then the provisions of the statute will apply.
TERMINATION OF TENANCY CONTRACT It is important to know that a tenancy contract is perpetual in nature, except where it is for a fixed term or is terminated by the issuance and service of a valid quit notice by the landlord or his agent to the tenant.
STATUTORY NOTICES Statutory Notices are mandatory for ejecting a tenant except where the tenancy is for a fixed term. Statutory Notices vary from jurisdiction to jurisdiction. It is therefore important to know what is obtainable in each jurisdiction (State)Statutory notices are of two kinds: Quit Notice: The duration is dependent on the terms and conditions as contained in the tenancy agreement or as provided by the statute where there is no express agreement between parties. In executing a valid quit notice, it must be promptly issued and served on the tenant. In some jurisdictions like Ogun State, a valid quit notice
must terminate on the eve of the anniversary of the subsisting tenancy; else it is invalid and worthless.
Notice of Intention to Recover Premises: This is to be issued and served only after the expiration of a valid quit notice or as the case maybe and it is for seven (7) clear days. The procedure for ejecting
a tenant are to be strictly followed, else the tenant will remain in the property until the needful is done. The failure of the landlord to issue and serve a valid quit notice however, does not deprive him of
his entitlement to the rent fee from the tenant. Please note that the rules herein discussed are not exhaustive of the rules of tenancy contract. We shall at the next edition discuss further on the subject
matter of tenancy contract.
This article was written from the stables of S T E E P Facility Management Company. A property maintenance and management company with vast experience in administration, maintenance and management of your property.
For further discussions contact us at:3, surulere Street, Off-Pepsi Junction, Quarry, Abeokuta, Ogun StateTel: 07038634637 or 08185264226Motto: "..... Maintaining your property for posterity
Written by - OKUNAIYA OLUWASEUN Esq.
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