Lagos State Governor, Mr. Babatunde Fashola SAN (middle), signing into law the Bill at theConference Room, Lagos House, Ikeja, on Wednesday, August 24, 2011. With him are the Commissioner for Housing, Mr. Bosun Jeje (right) and the Attorney-General and Commissioner for Justice, Mr. Ade Ipaye (left). Photo: SEGUN BALOGUN

Fashola signs Tenancy Bill

Finally, there is a law regulating the relationship between property owners and their tenants in Lagos State.
Governor Babatunde Fashola gave his assent to the Tenancy Bill on Wednesday, thus giving a margin of relief to millions of Lagos tenants who daily carry the burdens created by landlords.

After suffering many setbacks occasioned by those against the passage of the Bill, notably the estate agents, the governor's assent was a long time coming.

The most combative section of the law, while presenting a "big relief" to prospective tenants, is tough on the landlords.

"It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of six (6) months (one year in the case of a new tenant) in respect of any premises," says the section of the law dealing with Advance rent.

Likewise, it is also unlawful for a sitting tenant to offer or pay rent in excess of six months, as it is for new tenants to offer or pay rent in excess of one year.

The state attorney general, Ade Ipaye said defaulters "shall be liable to a fine of N100,000 or three months imprisonment."

The law has many more interesting provisions like the prescription of a fine of N250,000 or six months imprisonment for forceful ejection. It also stated clearly the length of quit notice applicable to the different classes of tenants.

Mr Fashola acknowledged the government's social role of mass housing programme, saying his administration was not unaware of this and plans were underway for low-cost mortgage financed houses in the state.

He pleaded with "few privileged landlords to make some sacrifice to help the poor and less privileged members of the society".

"The issues at stake in the new laws are serious moral issues that require voluntary compliance rather than strict enforcement from government. The problem of corruption cannot be fought in the country with this kind of situation that requires a tenant to pay two or years rent in advance. How many employees get two years salaries in advance to make such payments? Does the landlord lose money if he collects his money as at when due?" Mr Fashola asked.

"It is important that the public know that we executive and the legislative too are to be affected by this law because many of us are property owners; I want to believe that this is a bill that demonstrates what all Lagosians want; we are a government of methods, when we see certain problem, we get to the challenge," he said.

According to Governor Fashola, landlords need not panic because the law also protects their interest by making it impossible for tenants to shirk their own responsibilities.

The law however exempted property owned by educational institutions for staff and students, residential promises provided for emergency shelter, property made available for rehabilitative or therapeutic treatment, and residential premises in a care or hospice, or mental health facility.

On service charges, the law said tenants will now be "entitled to a written account, at least, every six months, from the landlord or his agent on how such moneys were disbursed."

Also, under the new law, tenants will be able to sue for "unreasonable increase" in rent.