Whether you are a landlord or tenant, a written tenancy agreement or deed of lease, as the case may be, is indispensable, and must be given proper attention.
It is not enough that there is a written tenancy agreement... what is important is the content of the agreement, because even when there is a written agreement, there may still be some issues that ought to be addressed which were not covered by the agreement. In addition, it is possible to get yourself committed to certain issues, which, ordinarily, you would not have wanted to make yourself bound. But because you did not give it proper attention, you make yourself bound by the written agreement. So, there is the need to be cautious, meticulous, and attentive when entering into tenancy/lease agreement.
The Essentials
These are terms of the agreement which even some illiterate persons know, which are often inadvertently overlooked in the agreement. In addition, it is possible to have taken note of them, yet, in the course of reducing them into writing, they are omitted. And since the court would always construe the agreement as they are written, the omission may affect either party negatively. Ambiguity can also spell dispute between the parties.
In any tenancy/lease agreement, it is important to consider these questions:
Who is the landlord or prospective tenant? What is his address? What is the nature of the tenancy, is it a one-year, two-year, four-year, or ten-year tenancy? When does the tenancy commence? And when does it expire? As party to the agreement, has your terms and covenant been properly represented in the agreement? What about the rent agreed upon? Has any rent been paid or partly paid? If yes, how much is it and what period does the rent covers? Can the tenant assigns, transfers, or sublet? Who is to insure the premises- the landlord or the tenant? Should rent review clause be inserted? What about option to renew tenancy agreement?
These are some of the issues to be deliberated upon by both parties and they must ensure that they are included in the written agreement.
Free Counselling
• Where tenancy is for a fixed period of say 4 – 10 years or more, ensure that the agreement is made by deed. This is in compliance with the provision of the law. A deed of lease is simply a document that is signed, sealed and delivered by both parties to the agreement.
• Know what you are signing. Do not rush to sign any document until have carefully peruse it. Ensure that the written statements represent the agreement you have entered into.
• Where there is any ambiguity or anything left out, point them out and ensure they are properly addressed before signing the agreement/lease.
• Check your obligations or covenants in the agreement/lease. Do they work hardship on you; I mean is it what you have agreed to in the course of the agreement? You have a chance of properly addressing it before you sign the agreement/lease.
• Last but not the least, you consult your lawyer. I put it as my last point because we have a tendency to do things in our own way without consulting our lawyer.
Tuesday, 30 August 2011
Owning a Home of Your Own
Although it is not a crime to be a tenant, it is really not advisable to remain a tenant for life.
Owning a home should be one of the priorities in your agenda list. It should be a long term goal that you pursue with vigour and with enthusiasm.
Doubtless, there are obstacles tending to hold us back from owning our own home. But the truth is that there is no obstacle that can hold you back, if you make up your mind to have a house of your own. Making up your mind implies that you are very serious about it. And what would make a person desirous of having a house of his own when he can just rent a house and remain a tenant?
There are several reasons owning a home should be preferable:
To start with, housing is one of the three basic necessities of man, the other two being food and clothing. If you strive to feed and clothe your family and yourself, remember that you ought to strive to own a home of your own. Nelson Mandela, former South African president said: “If a man has not built a house, he has not got a home.” The house a person rents cannot be said to be his own. He only has possession of it during the period of the tenancy. Once the tenancy expires, the landlord can take possession of his property, unless there is an agreement to renew the tenancy.
Secondly, you owe yourself and your family a duty to have a home of your own. It is said that a good man leaves inheritance for his children’s children. So, at least, for the sake of our children and children’s children, it is advisable that every one of us should strive to build our own house.
A friend told me some time ago that one of the things his father did that pleased him was the house he built for them before he died.
Thirdly, owning your own house saves you the trouble of paying rent regularly. If you live in cities like Abuja, Lagos, Kano, or Portharcourt, you will agree with me that the exorbitant rent paid there is incredible. Tell me, if you can pay such exorbitant rent regularly, don’t you think you build your own house with that amount? You only need to start saving regularly and later commence your building project. You build as the money comes.
Further, owning your own house saves you the trouble and embarrassment of landlord or landlord’s wife. People who live in the same house with landlord will agree that more often than not, they have no peace of mind because of one problem or the other.
Again, even if you have built your own house already or you are inheriting one, , nothing stops you from building another house or houses and putting them. The rent you earn is a great source of income. I was told of a landlord who does no other jobs than building houses all around and putting them on rent. He earns his living as a super landlord.
Finally, owning a home of your own is a great way of preparing for retirement. Whether we like it or not, old age will set in, and during that time it is not advisable to remain a tenant. For this reason, now is the time to start planning to own a home of your own.
FINAL WORD: Don’t let the present situation becloud your view or discourage you from building your own house. The most important thing is YOU making up your mind and then sitting down to think of lucrative businesses you can do to generate multiple income for your building project.
Owning a home should be one of the priorities in your agenda list. It should be a long term goal that you pursue with vigour and with enthusiasm.
Doubtless, there are obstacles tending to hold us back from owning our own home. But the truth is that there is no obstacle that can hold you back, if you make up your mind to have a house of your own. Making up your mind implies that you are very serious about it. And what would make a person desirous of having a house of his own when he can just rent a house and remain a tenant?
There are several reasons owning a home should be preferable:
To start with, housing is one of the three basic necessities of man, the other two being food and clothing. If you strive to feed and clothe your family and yourself, remember that you ought to strive to own a home of your own. Nelson Mandela, former South African president said: “If a man has not built a house, he has not got a home.” The house a person rents cannot be said to be his own. He only has possession of it during the period of the tenancy. Once the tenancy expires, the landlord can take possession of his property, unless there is an agreement to renew the tenancy.
Secondly, you owe yourself and your family a duty to have a home of your own. It is said that a good man leaves inheritance for his children’s children. So, at least, for the sake of our children and children’s children, it is advisable that every one of us should strive to build our own house.
A friend told me some time ago that one of the things his father did that pleased him was the house he built for them before he died.
Thirdly, owning your own house saves you the trouble of paying rent regularly. If you live in cities like Abuja, Lagos, Kano, or Portharcourt, you will agree with me that the exorbitant rent paid there is incredible. Tell me, if you can pay such exorbitant rent regularly, don’t you think you build your own house with that amount? You only need to start saving regularly and later commence your building project. You build as the money comes.
Further, owning your own house saves you the trouble and embarrassment of landlord or landlord’s wife. People who live in the same house with landlord will agree that more often than not, they have no peace of mind because of one problem or the other.
Again, even if you have built your own house already or you are inheriting one, , nothing stops you from building another house or houses and putting them. The rent you earn is a great source of income. I was told of a landlord who does no other jobs than building houses all around and putting them on rent. He earns his living as a super landlord.
Finally, owning a home of your own is a great way of preparing for retirement. Whether we like it or not, old age will set in, and during that time it is not advisable to remain a tenant. For this reason, now is the time to start planning to own a home of your own.
FINAL WORD: Don’t let the present situation becloud your view or discourage you from building your own house. The most important thing is YOU making up your mind and then sitting down to think of lucrative businesses you can do to generate multiple income for your building project.
Know Your Rights and Obligations as a Landlord
In landlord and tenant agreement, both parties enjoy certain rights and are also bound by some obligations.
In this article, our focus shall be on the rights and obligations of the landlord.
Rights of Landlord
As owner of the property, the landlord is entitled to the following rights:
1 Right to Collect Rent
In consideration of letting the premises, the landlord is entitled to collect rent. He can, therefore, enforce his right by compelling the tenant to pay the rent due.
2 Reversionary Right
On expiration of tenancy, unless there is an option to renew the tenancy, the interest in the property reverts to the landlord. In fact, this is what distinguishes a landlord from the tenant. While a tenant has exclusive possession of the premises while the tenancy lasts; the landlord remains the owner of the property and once the tenancy expires, the interest in the property reverts to him; he takes possession of his property.
3 Right to Enter Premises and Inspect
The general rule is that in any tenancy agreement, the tenant has exclusive possession to the premises and can sue the landlord for trespass. However, there is an exception to this. The exception is that the landlord has the right to enter the premises and inspect the premises for purpose of carrying out repair. So, in this regard, the tenant is under an obligation to permit the landlord to enter the premises.
4 Right to Recover Possession
Where a tenancy expires, the tenant is under obligation to deliver up possession. Where he fails to do so, the landlord can enforce his right to recover possession of his premises.
Now, there is lawful procedure for enforcing this right. You don’t just enter the premises and forcefully eject the tenant from the premises. If you do so, you may be liable for wrongful ejection and damages.
The procedure for recovery of possession is provided by the law and it must be complied with. What the law says is that to recover possession of premises, the landlord must first issue a notice to quit and serve the tenant. The length of notice depends on what was agreed upon in the agreement. But where there is no express agreement to that effect, then, the length of notice depends on what the law says. What the law says is that the length of notice depends on the type of tenancy. If it is a weekly tenancy, a week notice is required; if it is a monthly tenancy, a month notice is required; and if it is a yearly tenancy, it is six months’ notice. After serving the notice and the tenant still remains in occupation of the premises, the owner would then serve a 7-day notice of owner’s intention to recover possession of the premises. If after the 7 days expires the occupier still refuses to deliver up possession, then the owner can apply to court by means of writ or plaint against the occupier.
As one can infer from the procedure above, it is only by court action that the owner of premises can recover possession. Thus, the use of self-help like cutting off tenant’s electricity, removing of roof, and the use of force to throw out the property of the tenant to recover possession from tenant is illegal and unlawful. The proper procedure is to serve the statutory notices and allow the court of law to lawfully eject tenant.
5 Right to Review Rent
Where tenancy is for a long period of time, and the tenant exercises option to renew the tenancy, the landlord has the right to review the rent from time to time, in accordance with the rent at which the premises might be reasonably be expected to be let in the open market by a landlord; or in accordance with the rent at which the premises might, in the opinion of a Registered Estate Valuer, who shall act in respect of the property to be let. To enforce this right, it is advisable that the landlord insert rent review clause in the agreement.
6 Option to Renew
An option to renew is an offer from landlord to tenant stating that at the expiration of the tenancy, the landlord is willing to extend the tenancy as may be agreed upon by both parties. Being an offer to tenant, the tenant must accept it before it can be valid. To make this offer, the landlord may insert the option to renew clause in the agreement.
7 Right of Sale
As owner of property, the landlord has right to dispose of his premises, so far it does not affect the interest of the tenant. However, where the landlord sells the premises, he should endeavour to inform the tenant of the change of ownership.
8 Right to Sue
The landlord has the right to sue the tenant for breach of covenant, recovery of possession, and damages.
Obligations of Landlord
In response to the rights enjoyed by the landlord, the landlord is bound by certain obligations. These obligations include:
1 Obligation to Repair
Unless otherwise stated, the landlord is under obligation to repair structural part of the premises, which include roof, drains, pillars, foundations, staircase, etc. however, the landlord is not under obligation to repair the interior. The tenant is responsible for repair of such interior parts as windows, doors, floor, keys, painting, etc.
2 Obligation to make Premises Fit for Habitation
The landlord is under obligation to make the premises fit for human habitation. A dilapidated house begging for renovation, cannot be said tom be fit for habitation. Premises recently vacated by a tuberculosis patient cannot be said to be fit for habitation.
3 Obligation to Ensure Quite Enjoyment of Premises
The landlord cannot, under any circumstances, enter the premises and cause any disturbance, discomfort, or distraction to the tenant. The landlord is under an obligation to allow the tenant to have quite enjoyment of the premises. Where he fails to do so, the tenant may sue him to recover damages.
4 Option Not t Derogate from Grant
The landlord is under an obligation not to derogate from grant. The landlord must not act in a way that renders the purpose for which the grant was made impossible. In other words, the landlord should not give out with the right hand and later collect what he gives with the left hand.
In this article, our focus shall be on the rights and obligations of the landlord.
Rights of Landlord
As owner of the property, the landlord is entitled to the following rights:
1 Right to Collect Rent
In consideration of letting the premises, the landlord is entitled to collect rent. He can, therefore, enforce his right by compelling the tenant to pay the rent due.
2 Reversionary Right
On expiration of tenancy, unless there is an option to renew the tenancy, the interest in the property reverts to the landlord. In fact, this is what distinguishes a landlord from the tenant. While a tenant has exclusive possession of the premises while the tenancy lasts; the landlord remains the owner of the property and once the tenancy expires, the interest in the property reverts to him; he takes possession of his property.
3 Right to Enter Premises and Inspect
The general rule is that in any tenancy agreement, the tenant has exclusive possession to the premises and can sue the landlord for trespass. However, there is an exception to this. The exception is that the landlord has the right to enter the premises and inspect the premises for purpose of carrying out repair. So, in this regard, the tenant is under an obligation to permit the landlord to enter the premises.
4 Right to Recover Possession
Where a tenancy expires, the tenant is under obligation to deliver up possession. Where he fails to do so, the landlord can enforce his right to recover possession of his premises.
Now, there is lawful procedure for enforcing this right. You don’t just enter the premises and forcefully eject the tenant from the premises. If you do so, you may be liable for wrongful ejection and damages.
The procedure for recovery of possession is provided by the law and it must be complied with. What the law says is that to recover possession of premises, the landlord must first issue a notice to quit and serve the tenant. The length of notice depends on what was agreed upon in the agreement. But where there is no express agreement to that effect, then, the length of notice depends on what the law says. What the law says is that the length of notice depends on the type of tenancy. If it is a weekly tenancy, a week notice is required; if it is a monthly tenancy, a month notice is required; and if it is a yearly tenancy, it is six months’ notice. After serving the notice and the tenant still remains in occupation of the premises, the owner would then serve a 7-day notice of owner’s intention to recover possession of the premises. If after the 7 days expires the occupier still refuses to deliver up possession, then the owner can apply to court by means of writ or plaint against the occupier.
As one can infer from the procedure above, it is only by court action that the owner of premises can recover possession. Thus, the use of self-help like cutting off tenant’s electricity, removing of roof, and the use of force to throw out the property of the tenant to recover possession from tenant is illegal and unlawful. The proper procedure is to serve the statutory notices and allow the court of law to lawfully eject tenant.
5 Right to Review Rent
Where tenancy is for a long period of time, and the tenant exercises option to renew the tenancy, the landlord has the right to review the rent from time to time, in accordance with the rent at which the premises might be reasonably be expected to be let in the open market by a landlord; or in accordance with the rent at which the premises might, in the opinion of a Registered Estate Valuer, who shall act in respect of the property to be let. To enforce this right, it is advisable that the landlord insert rent review clause in the agreement.
6 Option to Renew
An option to renew is an offer from landlord to tenant stating that at the expiration of the tenancy, the landlord is willing to extend the tenancy as may be agreed upon by both parties. Being an offer to tenant, the tenant must accept it before it can be valid. To make this offer, the landlord may insert the option to renew clause in the agreement.
7 Right of Sale
As owner of property, the landlord has right to dispose of his premises, so far it does not affect the interest of the tenant. However, where the landlord sells the premises, he should endeavour to inform the tenant of the change of ownership.
8 Right to Sue
The landlord has the right to sue the tenant for breach of covenant, recovery of possession, and damages.
Obligations of Landlord
In response to the rights enjoyed by the landlord, the landlord is bound by certain obligations. These obligations include:
1 Obligation to Repair
Unless otherwise stated, the landlord is under obligation to repair structural part of the premises, which include roof, drains, pillars, foundations, staircase, etc. however, the landlord is not under obligation to repair the interior. The tenant is responsible for repair of such interior parts as windows, doors, floor, keys, painting, etc.
2 Obligation to make Premises Fit for Habitation
The landlord is under obligation to make the premises fit for human habitation. A dilapidated house begging for renovation, cannot be said tom be fit for habitation. Premises recently vacated by a tuberculosis patient cannot be said to be fit for habitation.
3 Obligation to Ensure Quite Enjoyment of Premises
The landlord cannot, under any circumstances, enter the premises and cause any disturbance, discomfort, or distraction to the tenant. The landlord is under an obligation to allow the tenant to have quite enjoyment of the premises. Where he fails to do so, the tenant may sue him to recover damages.
4 Option Not t Derogate from Grant
The landlord is under an obligation not to derogate from grant. The landlord must not act in a way that renders the purpose for which the grant was made impossible. In other words, the landlord should not give out with the right hand and later collect what he gives with the left hand.
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