By Akhigbe Dominic M.
MON, 8 AUGUST 2016-I started this series in the last edition and the response was overwhelming. Tenancy could be very stormy. Everyone that called or emailed me had one experience or another to share. Thank goodness that by virtue of training; this is a familiar terrain. The agony arising from a lopsided Tenancy could be a huge burden to both the Landlord and Tenant. It is therefore better to get it right from the word go. Below is the concluding part of the current topic.
Instituting court Proceedings to Recover Premises:
At the expiration of the Issued Notices to the Tenant, if the tenant declines to surrender possession, the Landlord may, through his Counsels institutes a suit to recover possession of the premises at the Magistrate or state High Court of Jurisdiction ( closest to the premises).
In any case, the landlord is expected to do this with sufficient proof of grounds for possession. Such grounds could be arrears of rent, breach of any covenants of the Tenancy Agreement, illegal conversion of premises to the use of illegal of immoral dealings, abandonment, illegal, dangerous or unsafe conducts of the tenant or the occupier of the premises, nuisance or on grounds of the desirability for extensive repairs of premises. The landlord may also require the possession of premises for personal use. However, the above proof may not be necessary where all statutory notices were issued in compliant with the requirements of the law. Once this is done, the court may make an order for the repossession of premises by the land and any such orders the court may deem fit in the circumstance.
Expiration and Effluxion of term granted for tenancy of Term Certain:
In the case of a fixed tenancy; that is, tenancy for a certain period, the tenancy determines automatically at the expiration of the period or term fixed. This type of tenancy does not require any formal steps to end the tenancy. If the landlord is desirous to proceed to court, in the event the tenant declines surrendering possession all that is required of him is the issuance of a Seven (7) Days Notice to the Tenant. It is important to note here however; if the Tenancy Agreement stipulates that a Notice shall be issued, then, a Notice must be issued to the tenant to vacate and deliver up possession of the premises. Such a Notice should not be less than what is statutorily prescribed by law. Such Notices must be served on the Tenant personally or to an adult in the premises. In the event the tenant can not be personally reached or found, the notices may be delivered by a courier while a proof of delivery must be obtained if delivered by courier.
The Doctrine of Frustration:
The Doctrine of Frustration is provided for under the Force majeure clause. The doctrine provides that after a contract has been successfully and completely entered into, for some natural reasons, it has become practically impossible for a party to perform his contractual obligations. This must be due to supervening circumstances beyond the control of the party who is unable to perform his obligations. The situation must also have been seen to be beyond his control. The after effect of this is frustration. Consequently, the parties are discharged of their obligations in the contract. Such circumstances that could lead to the Doctrine of Frustration are War, Earthquakes, Flood and other non-controllable disasters.
The knowledge of the above steps is best for all parties to a Tenancy Contract. It saves the parties the agony of having the individual’s rights obliterated. Tenancy should not be a harrowing experience of a deal of mutual suspicion. No doubt that we have individuals who have taken advantage of others in the past, however, the 2011 Tenancy Law has tidied up most grey areas and has restored sanity and confidence in the entire system and process. It is best to explore the weapons of the law in the event of the breach.
Suffice to note however that unscrupulous individuals would always want to punch holes. Vigilance is the watch word. We should always ensure we read between the lines or get a professional to interpret the provisions of Tenancy Agreement before we execute. It is dangerous to do otherwise as getting out of issues so thrown up could be very expensive to the parties involved.
Akhigbe is a consultant in Real Estate & an investment portfolio manager and a seasoned Nigerian Micro, Small & Medium Scale Business Coach. Contact:08034846284
