Property
Lagosians Kick against tenancy law
By Chinwe Agbeze |
To reduce the needless pressures tenants go through in securing an accommodation in Lagos state, the former governor, Babatunde Fashola introduced the Lagos Tenancy law in 2011.
Part of this law prohibits landlords or their agents from demanding or receiving more than one year rent from a new or would be tenant. The law also frowns at sitting tenants who offer to pay rent in excess of one year. Anyone found guilty will be liable on conviction to three months jail term or a fine of N100, 000.
However, according to section 1(3) areas like Apapa, Ikeja GRA, Ikoyi and Victoria Island are exempted from the application of this law.
The former Lagos state governor believes this law will make light the burden of home seekers and ensure they don’t have to pay through their noses to secure an apartment.
“A society that cannot protect the underprivileged cannot protect the privileged. Can we truly expect life to be normal and expect corruption to disappear if we continue to ask for two or three years rent advance? Not many employees are paid their monthly salaries one year in advance”, Fashola said.
Four years down the line, how effective has this law been? Are the parties involved sticking to the law? Hallmark spoke with three hundred tenants in Lagos and the result as represented in the table and chart showed that the law is not followed to the letter.
The findings showed that 13% of the tenants paid 12months (1 year) rent, 37% paid 18months (1 year and 6months) rent and 43% paid 24months (2years) rent while 7% paid 30months (2years and 6months) rent.
Kayode Odumewu, a Photographer who resides in Oke Afa had a hard time locating a landlord that could accept one year rent after combing the streets of his choice area in search of a decent apartment.
“All the apartments Agents took me to while I was looking for a house, the Landlords insisted on two years payment and I had no option than to pay after looking for long time”
Festus Nwagbo, a salesman and a resident in Gowon estate says the law has been good to him.
“I stay in Gowon Estate and I’ve been here for six months now. As a new tenant paid one year rent but now I pay six months rent although it depends”
For Ogechi Nwankwo a Chevron staff who stays in Sangotedo he bent the law because Landlord deserves the pay.
“I pay two years because the landlord asked me to and I guess he has actually spent a lot in building that house. I’ve stayed here for three years and there has been no complains”
Celine Ugorji, an insurance marketer who is six months old in Yaba says, “I paid one year rent as a new tenant but two years agent and agreement fees. When my rent expires, my landlord said I’ll pay yearly rent”
Oladele Rilwan, a civil servant says it varies in Shasha where he resides.
“I paid one year and six months’ rent as a new tenant in Shasha side. After it expired I can either pay six months or one year. Although some collect one year rent, one might be lucky to get less”
For Umoren Ime, a lecturer in one of the tertiary institutions in Lagos state she says, in Akoka its two years rent or never.
“New tenants here pay two years and old tenants yearly. I don’t know why but I believe its greed. They increase the rent without doing anything additional to the house. Though the law states six months, Landlords don’t adhere to that because the law does not punish the offenders”
But why are landlords finding it difficult to obey this law?
Mr. Cyril Nwosu, a landlord in Ajao Estate says the government has no right to dictate how he will rent a house built without their input.
“I cannot buy a property for millions and after spending so much to build a house, someone will come up with a law on how I will rent my house. It’s not just possible. If government is serious, they should reduce the cost of land and building materials”
Another Landlord, Mr. Raymond Adegbola angrily responds, “What kind of question is that? Did government give me money to build this house? If a tenant does not want to rent on my terms, he can look for other places. It’s not by force. When you build your house, you can rent as you please.”
For Barr Oliver, a lawyer who doubles as a property consultant, a law which puts both that the complainant and the offender in trouble will not see the light of the day.
“If a landlord collects more than one year as indicated in the law, he’s actionable and if the tenant pays more than required he too is actionable. So, who will report who?
“Most of the landlords did not get loan from the government to build their house and government is not doing anything to reduce the cost of building materials. Government owned estates are not even cheaper, so what’s they justification?” he queried.
Can the law ever be effective? In what ways can it be?
Barr Foloronso Gasper, a lawyer and property consultant offers some advice.
“As Nigerians we always have a way of circumventing some of these laws and the government is also hypocritical about this because in this law it excludes some highbrow areas from this tenancy. Government can set up its officials as baits to catch defaulters as a way of enforcing the law”
Barr Olive urged the government to build more estates insisting that this is the only way to make this law an effective one.
“The law can only work if government builds more estates than what they have presently and make it cheap. By the time their estates is cheaper, landlords will be forced to either reduce theirs or wait until apartments in government owned estates are taken before renting theirs”
Schedule of interview on the rate of compliance to Lagos tenancy law
| S/N | Months | Rate of Compliance | Total | % of rate of compliance |
| 1 | 12 months | 40 | 40 | 13% |
| 2 | 18 months | 110 | 110 | 37% |
| 3 | 24 months | 130 | 130 | 43% |
| 4 | 30 months | 20 | 20 | 7% |
300 100%
