The Speaker,
Lagos State House of Assembly,
Secretariat – Alausa,
Ikeja,
Lagos.
Dear Sir,
Memorandum for the Ongoing Review of the Lagos State Tenancy and Recovery of Premises Bill, 2025.
Section 15- Service of Notices
Background- overtime and in the course of my personal experience as a legal practitioner, I have observed situations where notorious tenants, knowing fully well that they are owing landlords, evade the service of statutory notices (save for posting) by leaving their homes quite early before the potential arrival of the landlord or agent.
Suggestion
To this end and considering the early movement of an average Lagos resident to their places of business, I humbly suggest that the previous provision indicating that service can be done between 6:00am to 6:00pm be restored in line with practical realities obtainable in Lagos.
Rationale
The above will reduce situations where court bailiffs and sheriffs are unable to serve processes or execute orders at first attempt, bearing in mind that Claimants are often responsible for logistics of service and execution.
Section 16- Service of Notices for Residential Premises.
Background- times have changed and there is hardly anyone who has little or no idea of smart phones or other electronic means of communication. Even the courts have incorporated virtual hearing, so why not personal service via email?
Suggestion
Electronic service (e.g. email, WhatsApp, Telegram and other means of communication) should be inserted as an option for personal service, as long as such details or necessary information have been documented in the agreement.
Rationale
The above will reduce additional cost of service logistics, tantrums of evasive tenants and ultimately reduce judicial time needed to confirm service.
Section 12- Service Charge, Facility and Security Deposits
Background- A good number of times, especially where service charge is applicable, there are situations where more than two (2) to three (3) tenants being tenants in common, are obligated to pay and enjoy services provided, based on payments made for such services at regular intervals. However, in a scenario when one (1) tenant continues to default in payment for services provided (e.g. pumping water via serviced generator for a compound), it is sometimes not practicable to cut off supply to the defaulting tenant, to avoid the pitfalls of self-help. Whereas the Landlord may decide to initiate proceedings in court for breach of covenants, he or she would continue to incur cost of providing such services pending the determination of the suit. On the long run, it may be possible that the said tenant has no traceable funds for the landlord to recover for services already provided.
Suggestion
To this end, there should be a proviso that empowers a landlord to immediately cut off such defaulting tenant pending the determination of the suit, to avoid heavy financial loss. If in the course of determination of the suit the tenant is found to have been unjustly cut off from such services, the tenant can claim for damages.
Rationale
The above will reduce situations of unnecessary financial losses on the part of the landlord, since there are no guarantees that the landlord would be able to recover his funds through enforcement of judgement. This is bearing in mind that the landlord will still be responsible for financial logistics needed to enforce judgement.
On the flip side, the tenant can in the same proceedings claim for damages against the landlord, if found to have been unjustly disconnected. Awarded monetary damages can be converted to rent period.
Section 29- Recovery of Abandoned Premises
Background- It is possible for a tenant to abandon a property or apartment with luggage and personal belongings left therein. In the event of force open based on court order, who then bears the burden of safekeeping the abandoned properties?
Suggestion
A proviso expressly stating that landlords shall not be responsible for safekeeping abandoned properties should be inserted.
Rationale
Failure to insert the suggested proviso will place another layer of financial burden on landlords to safeguard such abandoned properties.
Section 34- The Court as Receiver of Refused Rent
Background- It is possible for a tenant who has already been served with statutory notices for failure to pay rent as and when due, to suddenly make payment after court proceedings have been initiated.
Suggestion
An additional provision stating that section 34 shall not apply to tenants who subsequently pay rent in a bid to truncate proceedings should be added.
Rationale
The Court as receiver of refused rent should not apply to Tenants that have failed to pay their rents at the appropriate time and have decided to use such payment to prevent or truncate the process of their ejection. The landlord should be at liberty to proceed with the ejection process, notwithstanding.
New Section to Allow Judgement Creditor Deposit CTC of Judgement with Credit Reporting Agencies.
Background– It is possible that a tenant escapes enforcement of judgement by leaving an apartment discreetly without paying debts owed. What then becomes the fate of the landlord, if the tenant has no traceable funds or assets?
Suggestion
A new provision that allows a judgement creditor/landlord/tenant deposit certified true copy of judgement (in proof of debt) with a Credit Reporting Agency should be inserted to prevent recalcitrant tenant companies or individuals from obtaining credit facilities, until debts are duly paid.
Rationale
This is necessary to curb bad behaviour of tenants who have formed the habit of depriving landlords of their fruit of judgement. I believe such irresponsible natural or artificial persons, should not enjoy the benefit of obtaining credit facilities in our society until they pay their debts. It simply proves that they are not credit worthy and should remain barred until they pay their debts.
I do hope that these few suggestions of mine are taken into consideration and incorporated into the new Bill, in a bid to further strengthen the tremendous work done thus far.
Please accept the highest assurances of my professional regards.
Yours faithfully,
Oluwasogo Ayoola Esq.
