Enugu Assembly introduces bill to regulate agency, legal fees

From Jude Chinedu, Enugu

In response to the growing complaints by Enugu residents over the rising exploitation of tenants and prospective tenants by landlords, the Enugu State House of Assembly has introduced a bill to checkmate the alleged excesses.

Entitled, “the Bill for a Law to Amend the Landlord and Tenant Law, CAP. 101, Laws of Enugu State, 2024,” the proposed legislation sponsored by the member representing Nkanu East State Constituency, Okey Mbah, passed through the first reading yesterday.

Among others, the bill seeks to regulate agency and legal fees by setting both fees at a maximum of 10 percent, as well as abolishing the age long practice of caution fees demanded from tenants by landlords, but never refunded at the end of their tenancy.

Section 3 (3) of the proposed legislation provides that, “With effect from the commencement of this law and notwithstanding any provisions in other enactments, agent fee chargeable for procuring any accommodation in the state shall not exceed 10 percent of rent by the prospective tenant.”

Also, Section 3 (4) provides that, “No tenant shall be caused to pay any further premium in acquiring any accommodation except legal fee payable to a qualified legal practitioner for the purpose of preparing the landlord and tenant agreement and such fee shall not exceed 10 percent of the rent.”

Offence under this bill, when passed into law, attracts a N500,000 fine or a prison term of six months or both.

The bill equally seeks to checkmate the injustice suffered by tenants through forced, irregular and fraudulent evictions by establishing a legally defined duration for eviction and other relevant notices.

It additionally intends to ensure that anyone, who wishes to operate as a land agent or property manager, is properly certified by the relevant agency, while also empowering a designated government ministry or agency (MDA) to make further regulations on housing and tenancy matters in Enugu State.

Speaking with newsmen after the bill was read for the first time, Mbah said the move was in sync with the “earnest desires of the people and residents of Enugu State,” saying he had no doubt that it would get the support of an overwhelming majority of the members of the House of Assembly because “the ills it seeks to address are widespread and generally suffered by our constituents.”