IS THE LAGOS STATE TENANCY LAW WORKING?

It is difficult to answer the above question as I know that if you speak to ten people, you will get ten different answers. I guess that in itself is an answer that the Tenancy Law is not as cohesive as it should be. In my opinion the Law is not being followed to the letter, I guess because it is difficult to implement some of the requirements ie collecting only one year’s rent in certain areas and not in others. This creates confusion for landlords and tenants who cannot understand why Lekki should command one year’s rent and Victoria Island, two years. Some landlords who are paying off mortgages, really cannot afford to take one year’s rent as they need to service their mortgages. Landlords will tell you that if the tenant cannot pay the two years or more rent that he wants, they are welcome to go look for a property elsewhere that accepts one year payment. The landlord is well within his rights to decline a tenancy as long as monies and an agreement have not been exchanged, which can be tendered as evidence in a court of Law

The rate at which court decisions are made for the eviction of illegal occupiers, defy the purpose for taking them to court, as they end up staying rent free for up to a year or more before a judgment is made. There is unfortunately a lack of confidence in the court system.The property market environment is of course open to corruption and unregulated practices when one or all parties involved, try to cut corners. I frequently receive requests from Agents looking for properties for their client, some are so insistent on viewing without their client, that an alarm bell goes off as to why they are so insistent on viewing the property alone. Unfortunately some “Agents” give the business a bad name by going back to the property without the knowledge of the principal agent and many times, closing the deal with the landlord. Some landlords plead ignorance and some tell you that they owe no one any allegiance, therefore the property market regulations are really subject to the honesty of those involved in its practices.

A lot of tenants are not aware of their right and therefore get bullied by landlords who increase rents without notice or because they have received an offer of higher rent payments or they tell the current tenants to leave the property before their lease expires. If the tenant does not move out or increase the rent to match the offer being touted by the landlord, their belongings are thrown out and locks changed. Most tenants resort to begging the landlord instead of taking the matter to court. Sometimes Agents capitalise on this by demanding exorbitant fees and higher rent from the tenant in order to assure them of getting a sought after property.  

Repairs is another area where tenants and landlords are not clear about responsibilities. Some landlords feel that a tenant should take their property in the state of disrepair it is advertised and fix the repairs themselves. Some tenants carry out all sorts of alterations and works to their rented property without consulting the landlord. Both actions are wrong and can be taken to a court of law for resolution. There may really be no way of ensuring the Law works due to the mindset that operates in the property business and the country as a whole. What needs to be done is closer monitoring of practices and instant penalties from the monitoring agencies for those found breaking the law.