InkElites LMS

LEASES (LANDLORD AND TENANT)

LAND LAW (PROPERTY LAW) | Page 3 of 6
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is a fiction. The law applicable to land and tenant are the common law, Property and Conveyancing Law, Conveyancing and Law of Property Act (applicable in the Eastern and Northern parts of Nigeria), the Recovery of Premises Law, Rent Control and Recovery of Residential Premises Law, etc. In Lagos, the Tenancy Law 2011 applies. In Anambra, Enugu and Ebonyi States, Landlord and Tenant Law applies. For the purpose of this study, it is important to distinguish a lease for a term certain and a periodic tenancy. While a periodic tenancy is terminable by a notice to quit as provided for under the Recovery of Premises Law and Rent Control and Recovery of Residential Premises Law, on the other hand, a term certain, (subject to minor qualification by way of an exception), may be determined only by an effluxion, expiry or notice of breach for forfeiture. Different laws apply to different types tenancies. Chiefly, there are two types of tenancies: a. Periodic: monthly, quarterly, half-yearly, or yearly, and b. Lease for a term certain: e.g. five years, ten years, 50 years, 99 years. Also, different laws apply to different types of premises. The law recognises two types of premises; a. Residential and b. Non-residential In effect, the law distinguishes between residential premises and non-residential premises (Tenancy Law of Lagos State has abolished this distinction). Generally, in most parts of the country, the Recovery of Premises Law applies to non-residential apartment, and the Rent Control and Recovery of Residential Premises Law applies to residential apartments. How has the law helped the tenants? In Luganda v. Service Hotels Ltd (1969) 2 Ch 209, the plaintiff occupied the defendant‟s „hotel‟ for three years, paying weekly rent; he was not provided