REPORTS & SUGGESTIONS FOR THE TENANCY LAW REVIEW
Housing is a basic need just as food and clothing. The economic situation has really affected the purchasing power of the poor masses. Businesses are closing down. Some people can hardly feed. I see more people with mental health issues on the streets just as moderately dressed men & women approach me in the markets to buy raw food stuffs for them sometimes rejecting money.
The condition for owning a land or property for commercial purposes should also include supporting the government with providing housing for its citizens. The C of O expires after 99 years for some reason which can include the above so that house owners can feel obligated to be fair. The landlord should be seen as essential service providers by the government.
They can appreciate them with incentives such as offering them lands to develop and generate good returns for their investment over a stipulated period of time. Send house maintenance gifts to landlords who pay land use charges when due. Provide a channel to report troublesome tenants with evidences.
There are so many aspects of the tenancy law that needs to be reviewed to reflect the present realities especially the economic hardships, so that all the stakeholders can be taken care of by the law. Doing so will limit tenancy court cases in our courts . It will also drop the pressure that is already affecting the mental health of the poor masses. Reduce crime rates and empower tenants to become essential service providers as landlords too.
THE LANDLORD
Real estate is a long term investment but some landlords want to make the capital they invested within the shortest time, charging rents that the new tenants can't renew thereby flooding the courts with eviction cases and resort to crime to forcefully evict tenants or tenants attack in self defence.
Some house owners take undue advantage of certain absence or loopholes in the law to increase rent without consideration. The state house of assembly should please look at these issues and see how it can be addressed.
A- REGULATE RENT
1. Rent should be set by the law based on the location, basic amenities such as access roads, electricity, security, proximity to commercial centres. Facilities such as pipe borne water into the apartments, parking space, number of bathrooms & toilets kitchen also the number of apartments within a plot of land.
2. Some landlords in the suburbs want tenants to pay the same rent as those in the nearby cities. Rents should be set to reflect the current minimum wage. A standard single room of 12 X 12 with shared amenities now goes for ₦10,000 to ₦15,000 per month in the suburbs and minimum wage is ₦70,000.
3- The government should lead by example by setting the rents of government owned properties to reflect the current realities even if it means temporarily dropping the rates at least until the economic reforms are fully implemented and dividends felt by the people.
B- APPARTMENT TYPE
1. The law should define what an apartment type is. Some landlords rent out small rooms for the price of standard rooms. Single room or a room & parlour for the price of a room self contain or miniflat because there are two tenants sharing facilities such as toilet, bathroom and kitchen. They call it two-to-share, some even offer three-to-share but charge the same rates as flats. Such apartment should no longer be classed as a self contain or miniflat and must pay the rent applicable to it.
C- COMMISSION TO LANDLORDS
1. A law should be passed to prevent landlords from taking the commission that is meant for the agents and the agreement fees that is meant for lawyers. Some of these landlords who collect these free fees eject tenants randomly, some after a year or two just so that a new tenant can pay the free money.
2. The advance payment for damages which they call "Refundable Damages Fees" should be scrapped because most houses are never in good condition leaving the tenants to renovate to their taste and the fees are never returned. However, The law should hold tenants accountable for damages and tag such damages as malicious and criminal warranting an immediate repair or an arrest.
D- RENT INCREASE
1. Rent is not determined by market forces but mostly as the landlord or caretaker feels. On a street an appartment of the same size can go for several different rates depending on how the landlord feels. Section 37(1) of the Lagos State Tenancy Law is exploited because it gives the landlord power to increase rent any how they like and this should be reviewed, since salaries don't increase yearly in this country. There should be a legal cap like in California where rent increase is fixed to a percentage by their tenancy law.
Some landlords and caretakers use rent increase to harass tenants since there is no law prohibiting that. They maliciously increase the rent within short notices just so they can use a delay in response or compliance of the tenant as a reason to issue quit notice. Imagine asking a tenant to agree to cough out 200% rent increase within 7 days.
A legal cap should be placed for the increase of rent for existing tenants after a stipulated period of time, not less than 5 years and not more than 50%. The law should also allow room for negotiation between the landlord and tenant with a one year notice issued before the commencement of the new rent. This should reflect in the tenancy agreement.
With this passed into law tenants will expect these increase and prepare for it. This will reduce the need to contest rent increase and decongest our courts.
E- SHARED APARTMENT
1. A house shared by the landlord and tenant should receive special attention and consideration in our courts because a lot of emotional stress goes with living with a landlord and his family. If the landlord is fair his family may not be. A lot of ego, power struggle, bully, harassment even murder. An assassin was sent to a friend by her landlord fortunately she didn't step out of the building for it to happen. She added value to apartment which got the landlord greedy and wanted her out immediately.
F- TO LET SIGN
1- A To Let sign board should be placed in front of a house where there is a vacant apartment and removed after is has been rented. This is to prove that the landlord is aware and has given approval for the agent to rent his appartment out on his behalf thereby limiting fraud.
G- ELECTRICITY METERS
1. A law should be passed to ensure every appartment in a house is either metered directly by electricity DISCO or a sub-meter aka electricity readers are installed on each appartment to read electricity consumed. Some landlords sharing electricity meters with their tenants refuse the installation of sub-meter to prevent the tenants from knowing how much electricity they consume so that they can pay less while the tenant pay more.
H- INSURANCE
1. All tenantable building should be insured in Lagos state to enable the landlord to access funds for the speedy repairs of the building incase a damage occurs. Damages should stop being used as an excuse to terminate tenancy.
2. The law should make it known whose responsibility it is to pay land use charge and other charges that has to do with the government and land matters.
AGENTS
1. A law should be passed to insist that agents must have a licence to practice in the state from the estate agent association or governing body.
2. They must have a registered office with a signboard containing their licence number for verification purposes, this is to prevent scam that is often associated with people in that sector.
3. A law should be passed to enforce the payment of a total payment of ten percent fees: 5% agency fees & 5% agreement fees for the one year rent paid because some agents ask for 10% for the first and 10% for the second year even if the tenant pays the landlord one year as stipulated by the law.
4. An agent is entitled to his commission, landlords should not intercept or covet commission which makes the agent to demand for additional compensation for his work from the tenant.
5. The agent should be made by law to issue receipts for every business transaction. Most of them don't issue receipts for the monies they receive from tenants, right from the registration forms paid to the commission and agreement they receive. The tenant will have no evidence for that transaction if any issue arise.
5. Agents should not receive rent on behalf of the landlord except if the agent is also the caretaker of the house and his licenced real estate signboard matches the business name on the bank account number where the payment is going to. Payments made to such agent should be considered by law as payment made to the landlord. The landlord should be liable for any fraud. Some landlords connive with agents to defraud tenants.
6. Agents should be empowered by the law to report landlords who are exploitative or go against the tenancy law. They should ask landlords engaging their services to fill out a form stating the condition of the building, the facilities it has, numbers of appartment and if it is not under any dispute, sale etc.
7. They should be able to de-market a property that is not safe. I have heard of cases where landlords rent out a house that is uncompleted promising to use the money to complete it but give it to another tenant who pays more and do a refund. They rent out houses that they have sold or about to sell, houses under dispute in court, houses marked for demolition or used as collateral for loans also properties that have unnoticeable structural defect with eviction from the government for the existing tenants to vacate. Leaving tenants stranded.
TENANTS
1. The law should stipulate clearly the responsibility of the tenant such as caring for the internal facilities of the appartment. Some tenant damage things and expect the landlord to take responsibility all the time. I've seen where a tenant allowed water to stay on the decking of their apartment to leak into the apartment below them out of spite thereby damaging the building. A tenant should be demanded by the law to ensure that the facility remain functional with no obvious damage but normal wear and tear. They must be made to pay for these damages or face legal actions.
2- A tenant should be free to terminate their tenancy at any time and the balance of his rent refunded calculated from the date he vacated the appartment and not when the landlord finds another tenant to replace and pay. Some landlords lock up the appartment until the end of the tenancy of the tenant who had vacated then claimed the tenant vacated of their free will and since they didn't get a replacement to do the refund the rest of his rent has gone with it.
3- Tenants should be obligated by law to pay utility bills especially shared bills such cleaning of within and outside the premises, Street security, clearing of septic tanks. Most tenant don't pay and this puts stress on other tenants who are conscious of the hygiene of their environment.
Some landlords demand that tenants should pay in advance, some times for the whole year, for the above services but end up not rendering it.
CONCLUSION
We are all in this together. The rising cost of living can lead to insecurity affecting all citizens. It is of no benefit for a landlord to have tenants who can't renew their rent thereby spending time and resources in court to eject the said tenant. Let us have a fair ground to ensure we are all carried along in this matter.
Lily-Rose


















