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• Frustrate NASS rent bill, insist on three-year advance payment
From Idu Jude, Abuja
The non-regulation of property rental has triggered sour relationship between Abuja landlords and tenants lately. Consequently, landlords now abhor the sight of families and married couples approaching them to rent apartments. They allege that married couples bore them of their family problems, which inadvertently delays or denies them their due rent.
Sylvester Okon, a property lawyer, told Daily Sun: “Tenancy relationships in the Federal Capital Territory (FCT) are primarily governed by the outdated Recovery of Premises Act (Cap 544, Laws of the Federation of Nigeria, 1990).
“There is currently no specific, comprehensive rent control law in effect in the FCT, although a bill has been proposed in the National Assembly to address issues like advance rent payments and arbitrary increases. There is an existing law that outlines general procedures for tenancy and eviction, but does not regulate the amount of rent a landlord can charge or the frequency of rent increases.
“It has become obvious that all efforts being made to regularise the property sector remain a hoax. This, is influenced by property owners also known as landlords. Let me give you a shocker! It may interest you to know that most of the elite own properties across Nigeria and they form a larger group of the landlords. So, with their powers at the National Assembly, they have always frustrated the bills before the National Assembly.
“Today, we look at this matter on a small scale, which we believe affects only the low-income earners. But looking at it on a larger scale, we should be thinking at the level of landlords and companies that rent land properties for offices.
“We have corporate organisations that run their businesses in rented apartments. So, such a huge investment is what I am talking about. I shall continue to say that Nigeria needs these regulations. And with what is going on, none among the legislatures can shoulder it because 95 per of them are all culpable landlords.
“Key aspects of the current regulations include the tenancy agreement, which can be oral or written. Written contracts are highly advisable to specify the rent amount, duration, and obligations of both parties.”
Hassan Maina advised: “Tenants who believe a rent increase is unreasonable can approach the court to have the rent reviewed based on surrounding circumstances. Landlords must follow due process for eviction, which includes serving a formal notice to quit. This is because forceful eviction without a court order is illegal and a punishable offence.
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“Let me also remind you that the required notice period for eviction depends on the type of tenancy. We have weekly tenant, which attracts seven days’ notice. A monthly tenant attracts one month’s notice. Quarterly or half-yearly tenant, three months’ notice. An annual tenancy attracts a six-month quit notice.
“If all things are equal, tenants are entitled to a refund of their security deposit at the end of the tenancy, minus any valid deductions for damages or unpaid rent.”
Wisdom Uzoma said: “The Senate has passed for second reading a bill aimed at regulating rent payments in the FCT. The bill is limiting the initial advance payment for new tenants to three months, followed by monthly payments. This section is to protect low-income earners from oppression by homeowners.
“This bill is not yet a law, and the FCT rental market continues to face issues with excessive rent demands and a lack of stringent regulation. The only remedy is for tenants experiencing issues in the FCT to keep written records of all transactions and communications and, if necessary, seek legal advice from a lawyer specialising in landlord-tenant law.”
Mrs Philomena Anika, is a landlady: “I couldn’t process how a huge percentage of fellow landlords choose to reserve their properties to (yahoo boys) who they say do not negotiate or bargain prices before paying. Some of my colleagues believe in money, but I believe in serving humanity. That was the advice my late husband left behind.
“I don’t disparage people before I give away my property for rent. I also do not consider ethnicity or religion when giving away my property. But nowadays, people consider these things. They also check your sources of in-come. They go as far as taking names to shrines to check if a prospect is in debt somewhere or in financial difficulties.
“But all these are balderdash. The trend now is to lie in wait for ‘yahoo boys’. And come to talk of it, you will see that they have taken over all the rented apartments. Right now, they are the landlord’s delights because they can afford an advance payment without blinking an eye.”
Dr. Mathew Ediga blamed government while decrying lack of regulation, to help low-income earners, who form a huge percentage of the masses: “Government at all levels should by now have regulations on landlord-tenant relationships at all levels, if not for self-serving purposes.
“Can you tell me why Nigeria keeps making laws without human face and abandoning those that addresses problems of the masses? A sane country prioritises the people first knowing full well that government belongs to the people.
“But in Nigeria, we beg them to make laws that accommodate the people who vote them into power. Now tell me, can a landlord enjoy his business without a law? Why should they not keep the bill to scale through so that we have a document that addresses the regulations? I think there is more to this.”
