Since house is not mobile, then it is imperative for one to acquire one, either by rent or purchase. Most often, the individual financial capacities hinder the purchasing power, hence, the prevalence house rent in Nigeria.
In Nigeria society, most Landlords see themselves as a ‘mini god’. They believe they have power which can quickly change the livelihood of any person negatively. It is a concrete fact to say that shelter is one of the most important of human wants. The need to have a good resting place and a place to rest ones head.
Housing in the world today is a very important and indispensable human want. It is very imperative for every human being to have a home, generally the basic human wants are: Food, Shelter and clothing. Shelter still remains the most indispensable of the human wants, all things being equal.
Many of the home occupiers in Nigeria today are largely tenants who pay for accommodation weekly, monthly or yearly.
However, the uncontrollable increase in Nigeria population, particularly in urban areas has resulted to an unimaginable increase in the demand for housing and this has indeed made some landlords an earthly lord on tenants.
The overall cases of landlord palava in Nigeria is alarming and mind boggling, over the years , governments at various levels come with different landlord/ tenancy laws but with little or no result to accredit to them.
The welfare of every citizen in a democratic society is a sole function of the government, the government is responsible in achieving comfortability for his teeming citizenry.
Nigeria issues on housing had become a hard nut to crack as various people had had terrible experiences from the Nigerian landlords whose growing powers seems to be unchecked.
In advanced countries, housing is a form of social product, it is governmental provision for the citizenry, although it is not free, but government there has a way of making it comfortable for his own advanced teeming citizenry.
In Abuja, the Federal Capital Territory, only the well-to-do can afford to rent an apartment since the cost is not meant for a little salary earner.
Oluwafemi Adepoju, an Abuja based Lawyer said “The rate of accommodation in this town has assume the feature of higher standard of living for the people here, you can not see a beginner, I mean someone who is trying to start life afresh to come settle down in Abuja, even we that are here, we know what we pay and how we go about it, a room apartment cost something here compared to other states”
In a related development, a civil servant based in Abuja, Alhaji Mussa Nuru believes that Abuja being the FCT is not meant for everybody to come and settle down.
In his words “ You can not compare Abuja with other places in the Country, this is the capital of Nigeria and it is no dwelling place for everybody, besides not all houses are expensive, it depends on the area you choose to live”.
The Nigerian society has since seen housing as an economic product over which an average investor wants profits. It is no more news that housing in Nigeria has become a form of business for individuals, in fact, our investigations reveals that government functionaries, governors, ministers, commissioners and the rest invest so much fortune on housing only for the reason of profit maximization.
Most of the Landlords today, who have hitherto been a tenant, do not care about the laws or rules guiding landlord and tenants, to them, the house belong to them and they are free to make their decision anytime.
In Anfani, Challenge area in Ibadan the Oyo State capital, Mr Tope Ibiyemi narrated his ordeal in the hands of his 76 year old Muslim landlord. Mr Ibiyemi had earlier paid for two years house rent, after a year of occupancy, the landlord demanded that he pay more, reason, because other landlords have increase house rent, educated and enlightened Ibiyemi declined such demand and referred the landlord to his tenancy agreement which they both duly signed, but surprisingly, the landlord refused to acknowledge his agreement. The consequences were that Mr Ibiyemi was given a seven day quick notice to evacuate the room.
“He gave me the notice on Saturday, the following Monday he started knocking my door early in the morning, he said someone has paid for my room that I should move out in two days time. I was busy looking for a room , but I couldn’t get one , in fact, I was not financially capable to do much running’s or guarantee a good house since Baba said he wont return my money until I move out. It was on Thursday morning, I was praying in the morning when I notice a carpenter was working on my roof, I thought it was a usual change of linking roof but again, I remember that my room was not leaking after all, as I dashed out to find out what was going on, Baba said he is removing my roof so that I will know that I have overstayed my welcome in the house. Unfortunately for me, rain fell that day and most of my properties were destroyed” Ibiyemi explained with melancholy.
There are thousands of Ibiyemis out there who have gone through untold hardship in the hands of wicked Baba Landlords in Nigeria today. Most often, these Landlords believe that they are the alpha and omega of their houses.
It will be recalled that in a bid to make living comfortable for its citizenry, the Lagos state government passed a tenancy bill which is like a saving rock for low income earners. Although, the bill has thrown up endless debate among major stakeholders in the real estate industry.
The bill, according to its provisions made it unlawful for a Landlord or his agent to demand or receive rent in excess of six months from a sitting tenant.
With the new Lagos housing bill, it becomes illegal for any landlord to receive more than a year rent from a new tenant otherwise he will be made to pay N100,000 or sentenced to three years imprisonment.
Similarly, it will also be unlawful for a tenant to offer to pay more than a year rent, even though it allows for the two parties involved (landlord and tenant) to sign a tenancy agreement.
The bill in Lagos has assumed a city with developmental futures, but as plausible as the law may sound, most Landlords, stakeholders and property developers have argued that law will never achieve its purpose.
However, Barrister Kunle Adeniyi opines that the law will be very difficult to achieve its purpose because the Nigeria society has failed to provide sufficient housing facilities for the people. He reasoned that the problem of insufficient accommodation should be tackled first before promulgating such law.
It is pertinent to note that many Nigerians still place their head under the bridge in the dark hour. Such people who can not afford a house rent are left to sleep in the cold at night, exposing themselves to many forms of pending dangers.
The other set of the less privileged free but painful tenants are the ones who live in an uncompleted building. These kinds of people are exposed to hazards of both night and day.
Meanwhile, some lucky fellows still live in the slum where all forms of inhumane features characterized. These are the set of people who can not afford the cost of a decent accommodation.
Ironically, people that are able to pay for rent are always in one hell or the other with the landlords. In Nigeria today, tenants have suffered untold hardship in the hands of possessive landlords and their ordeal is very sadden when you care to listen.
The general case of landlords have made Nigeria housing situation looks like a lawless one as the Landlords don’t care about what the law says in concerning their respective actions and inaction.
To many dweller of a rented apartment, the Landlord is a “mini god “which must be worshiped, else ejection may be necessitated.
It is an obvious fact that the landlords see Nigeria economic situations favourable for their welfare
During the supposed New Year ugly and painful gift of fuel subsidy removal, most Landlords hurriedly increased their house rent, arguing that there is increase in the price of other commodities.
In Akure, the Ondo State capital, the Chairman of Ala Close Landlord Association, Mr Fagbemi, told one of his tenants that he has increased the house rent without due notice given.
The only cogent reason given by “Mr. landlord- Fagbemi” is that the effect of the subsidy “palava” has resulted in increment of all commodities including transportation, hence , he argued the need to increase his house rent.
The old man did not even deem it fit to put the ugly development into paper to see to the convenience of the tenants.
This is just a case of one out of millions, it is not uncommon to see or hear of landlords increasing house rent unjustified.
Most often, when the Federal or the State government announces increment in worker’s salary, the Landlords too joyfully declared increment in house rents without even considering the situation of their houses.
In Ago Iwoye in Ogun State, most houses there are being rented out to students of the popular Olabisi Onabanjo University in exorbitant rate, not minding or considering the situation of the house.
The fact emanating from the ancient town is that, most Landlords do not provide convenience for their tenants who are largely Students.
It was disclosed that most houses In Ago Iwoye do not have a befitting toilet for the students.
The efforts of the Federal government of Nigeria, particularly the National Assembly and State assemblies to propose rent control legislation have met with unrealistic fantasy.
This is as a result of the failed situation on the supply side of the real estate market and the failure of the existing and subsisting rent control legislation and home ownership schemes to address the problem of housing in Nigeria.
Rent control is on the residual list in the 1999 constitution, as it is today, each State is expected to have a rent control law like in Lagos State.
Finding has revealed that in some States in Nigeria, even Lagos State before the rent control of residential premises law, rents are paid in advance, for like two to three years. Some Landlords accept payments for only one to one and half year, which the new Lagos law now spelled illegal rent.
Identifying with the pains of many tenants, who are largely masses, the Lagos state government offered a citizens Mediation centre for settling and resolving tenants and landlord issues.
Legally, there are landlord/tenants law which spells the rights of both the Landlords and the tenants. It has been gathered that many tenants are unaware of their rights as the various Landlords could eject them out of the House at a slightest will.
The frustration of tenants have made trying individuals live in a worse condition. Today, there are people living in uncompleted buildings, this time around, they are the rightful owner of their building but hurriedly moved to such uncompleted buildings in a bid to escape landlords’ many “palava”
Barrister Olawale Williams, an Abuja based legal practitioner shed lighter on the legal stand of tenants, he said “a notice to quit may be valid or invalid; the fact is that where a notice is invalid, it is of no legal effect and cannot give rise to any legal rights or obligation. On the other hand, where the notice to quit is valid, it becomes a highly potent legal mechanism in a tenancy relationship”. According to Barrister Williams, a major determinant of the validity of notice to quit is the Landlord/tenancy agreement which spells the terms and conditions of the service within the period.
In any Rent situations, the most important is the rent provision. The payment of the rent crucial to both the tenant and Landlord: it’s what the Landlord has to accept for the right and privilege of the tenant to use the property. Here it is believed that the Landlord charges to cover things like the cost of maintaining the property and hopefully make a profit.
In almost every rent situation, the parties (Landlord/tenant) agree on the amount of rent, it is not unusual for leases to set out if and when rents increase or decrease and by how much. However, even when the parties agree on such conditions, most States and cities have “rent control” laws that limit how often a landlord can raise rent and how much.
Therefore, it is imperative for every landlord and tenant to know some things about rent provisions and conditions of a lease.
It will be recalled that the Federal Government, especially the National Assembly made efforts to propose a Rent Control legislation but its effort were met with criticism as a result of the failure of the supply side of the real estate market and also, the failure of prior and subsisting Rent Control legislations and home ownership schemes to address the problem of housing in Nigeria.
Rent control is a residual matter under the 1999 constitution; therefore, most States in Nigeria have their individual Rent Control Laws which for the most part have similar provision as the Rent Control Law of Lagos.
In spite of the Rent control laws that exists in different States, it has continuously remained unrealistic laws as most tenants are left to go through untold hardship in the hands of their self proclaimed “mini god” (landlord) who, in the absence of any sort of control exploit the situation with arbitrary increase in the monthly or annual rent on property.
Generally, Rents are paid in advance but the duration of the rents suggests it legality and stand. Some Landlords accept payments in advance for two to three years. In that case rents are significantly higher and inconvenient.
In a normal atmosphere, rent contracts last for the duration of the advance payment, often, one to three years. An option to renew with rent adjustment can be inclusive in the contract. Meanwhile, should the tenant pre-terminates a contract, no refunds are made. Subleasing can be included in the contract.
Under the 1997 recovery of possession law of Lagos State and the 1991 Recovery of possession Edict of Rivers State, only the court can order the eviction of tenants. The court process is considered slow and cumbersome, Landlords evict tenants using different tricks, phony legal cases, intimidation, locking out tenants and physically throwing them of their property.
In the case of default by a tenant in respect of any aspect of his tenancy and the the Landlord intends to terminate the tenancy and retrieve the possession of his property. A property notice to quit must be personally served on the tenant . This is the first and most technical of the procedures for recovering possession of premises.
According to the holding of the Supreme Court of Nigeria in the matter of African Petroleum V. Owodunni (1991) 11-12 SC 56 @71 lines 5-15, the length of notice to be served on a tenant to quit is commonly determined by the tenure of the tenancy where no express unequivocal provision is made in a written tenancy agreement to such effect. However, where the tenant pays his rent on a weekly basis, a week’s notice to quit would be valid. In the same vain, where the rental is paid monthly, quarterly, half-yearly or yearly, a month , quarter or half yearly notice as deem appropriate would be valid to determine the tenancy.
It is compulsory that the notice must be served personally on the tenant. It is also compulsory that the notice to quit must be served to expire at the anniversary or expiration of the tenancy. Therefore, a notice to quit in respect of a tenancy that begins in March of a particular year expires February of the next year must be served on the tenant on or before the end of August of the first year so as to ensure that the mandatory six months notice would be properly served on the tenant.
However, the believe of some lawyers that a tenancy for a fixed term does not require a notice to quit but only a notice of the owner’s intention to recover possession of his premises is not safe in position to implement should the matter be place before a court of law for adjunction.
Tenancy is not the end of the world, in itself, tenancy is as old as civilization, it is part of all stages of civilization- ancient, middle ages, industrial and technological eras.
It is worthy of note to put that while most Landlords have been known for lording over tenants lawlessly, quite a number of tenants also turned themselves to a winning visitor or stranger who gives no damn about the property owner.
In Africa society where diabolic situations abound, events have recorded situations where some tenants absolutely take possession of the Landlord property.
Apart from the aforementioned, there are also categories of dirty and disobedient tenants who frustrate the Landlord on daily basis.
Chief Olanipekun is a civil servant and a quiet Landlord, a larger percent of his tenants took advantage of his quietness and refused to pay house rent until he was owned one and half year for the minimum.
His property was also damaged; some of the expensive keys he used with the doors wered damage by the unrepentant tenants.
In this case, the tenant should be made to face the proper wrath of law as what is god for the goose is also good for the gander.
Also, government should rise up to its responsibilities as there is the need to increase housing stock. The rate at which stock of houses increases cannot guarantee an increase in stock that is proportional to the actual housing needs.
Many houses that are built by individual take almost a life span and demanded the bulk of their income. The alternative is to remain in the hands of the Landlords whose main aims of building houses is for profit maximization on investment.
The government housing schemes and houses provided by private developer are actually out of the reach of the needy, especially the low income class forming almost 50 per cent of those who need accommodation in Lagos. Pitifully, the same Landlords who are having the purchasing power buy over the new housing unit.
It is a well known fact that unavailability of houses is a major set back to the realization of the rent control Laws, as it is, the Law alone cannot be required to increase the available available housing stock, therefore, concrete measures are demanded to address housing “palava”.
Housing generally has not ranked high on the scale of priorities for social spending and the governments, both Federal and State have tended to rely upon local authorities to meet the problem.
Efforts at providing low- cost rural housing have been minimal, despite the creation of the Federal Mortgage Bank of Nigeria in 1977, and shantytowns and slums are common in urban areas.
Overcrowding in urban area is a serious problem. It has been estimated that about 85 per cent of the urban population live in single rooms, often with eight to twelve people per room. Living conditions are poor.
In 1996, only about 27 per cent of urban dwellers had access to piped water. Less than 10 per cent urban dwellers had an indoor toilet.
As of 1979, about 37 per of housing units were cemented or brick roofed with asbestos or corrugated iron; 34 per cent were mud plastered with cement and roofed with corrugated iron. In the same year, 44 per cent of urban dwellings were rented, 37 per cent were owner occupied, 17 per cent were rent free, and 2 per cent were “quasirented” at below- average rates. The total number of housing units in 1992 was 25,661,000.
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