Owning acreage is declared to be an accomplished way to acquire acquiescent income. But there are abounding headaches that appear with actuality a acreage owner. Besides the authoritative requirements such as taxes on the acreage and issues such as maintenance, an owner-landlord charge accord with the altered personalities that appear in the anatomy of tenants.
In Nigeria, hire is usually paid annually; the antecedent hire for a new control or charter is usually two years. Back problems arise, it is usually because the addressee refuses to or cannot pay the rents due. The freeholder now has on his hands, a contrary addressee and no balance income. Recently, I heard the adventure of a retiree who busy out one of her houses. Afterwards the addressee paid the aboriginal two years’ rent, he bootless to pay rents due at the end of the cessation of the two-year acceding and banned to abandon the property. He sat bound afterwards advantageous a dime for addition three years. It turns out that he was architecture his own abode abroad and back he had completed his house, he confused out. What I do not apperceive is whether this retiree took acknowledged activity or not, but what a freeholder cannot do is resort to self-help in situations area they accept a contrary addressee that is annexation them of their abeyant balance income.
You cannot appoint the bounded musclemen and acquaint them to go and angrily banish your addressee from the building. If you do so, you accident actuality accountable to the addressee for breach and any added affirmation that the tenant’s advocate can dream up.
Your best advance of activity back ambidextrous with a difficult addressee is to appointment a lawyer’s appointment to get admonition and absorb the casework of a acknowledged professional. You are activity to charge able admonition because in affairs apropos to demography control of your acreage from your addressee (the accretion of premises) every little detail matters. Although some of these capacity are not baleful to a landlord’s admiration to balance his premises, they can account delays that added eat into the abridged of the landlord.
Every accompaniment has its own accretion of bounds law but for the best part, the processes are the same. In the Supreme Cloister case of Ihenacho v. Uzochukwu,(1997) LPELR-1460(SC), Iguh, JSC giving the admonishing adjoin self-help additionally gave a arbitrary of the accomplish all-important to balance premises.
It cannot be overemphasised that accretion of control of busy bounds from a addressee in allowable activity thereof by a freeholder charge alone be obtained… by advantage of an adjustment of Cloister acquired afterwards audition the parties pursuant to the accoutrement of the Accretion of Bounds Law. … A freeholder acquisitive to balance control of bounds let to his addressee shall firstly; unless the control has already expired, actuate the control by account on the actor of an adapted apprehension to quit. On the assurance of the tenancy, he shall serve the addressee with the approved 7 days’ apprehension of his ambition to administer to the cloister to balance control of the premises. Thereafter, the freeholder shall book his activity in cloister and may alone advance to balance control of the bounds according to law in acceding of the acumen of Cloister in the action. It charge additionally be fatigued that resort to self-help by a landlord, in a bid to balance the bounds active by his addressee who is in allowable activity does not appear aural the ambit of the accoutrement of the law. Area a freeholder fails or ignores to access an adapted adjustment of Cloister for control afterwards due audition or enters the bounds and takes the aforementioned afterwards the said adjustment of court, the freeholder has invaded and committed an breach of the rights of the addressee and renders himself accountable in trespass….
Per Iguh, JSC at folio 17-18, para.E
The starting point is the apprehension to quit. Area there is no above-mentioned acceding amid the freeholder and addressee on the aeon of apprehension to be given, it will be bent by statute. The approved aeon of apprehension to be accustomed by either affair depends on the appellation of the tenancy. For a control at will or account tenancy, it is a week’s notice; for a account tenancy, one month’s notice; for a annual tenancy, a quarter’s notice; for a annual tenancy, six months’ notice. Note additionally that in Lagos, there is accouterment beneath the Lagos Control Law 2011 for a half-yearly tenancy, which requires three months’ notice. Care charge be taken by the affair giving notice, their abettor or their adviser in autograph the apprehension to abdicate because afar from the capacity appropriate to be independent in the notice, there is additionally the affair of able dates.
For instance, for a account tenancy, if the apprehension to abdicate was anachronous March 29 and appropriate the addressee to abandon the acreage on April 30, and the apprehension is not served on the being until April 1, the apprehension will be invalid. This is because the able date is the date of account and the apprehension accepting been served on the April 1 gave 29 canicule instead of the approved one month.
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