We Hold Your Brief

Dear Counsel, Kindly, advice me on this. After a long search, I secured a three-bedroom apartment at College Road, Ogba, Lagos. The Landlord who was introduced to me by an estate agent, turned out to be a pleasant personality, unlike others I have met before.

I paid one years rent fully, including the 10% agency and 10% agreement fees. The Landlord assured me that, his Lawyer would prepare and give me the agreement to sign.

This is the seventh month; he hasn’t given me the agreement to sign. Each time I ask him, he asks me whether anybody is disturbing me over the agreement. My major worry is that, the agency and agreement fees weren’t stated in the receipt he gave me through the agent. I initially didn’t think much of it, until recently. I spoke with other tenants I met on the premises, and they told me that, they too weren’t given any agreement to sign, although they paid for it.

Although I have stopped asking him, should this be a cause for concern? R.O., Ogba, Lagos. Dear R.O., It should be a cause for concern, because you are entitled to what you paid for. If you paid 10% of your total rent value as fee for an agreement, the Landlord is bound to instruct his Lawyer to prepare it, and give you to sign. It is a very important legal document, which sets out your contract with him.

I have always asked, why do Landlords demand and collect money for agreement, when they know they are not ready to provide it for the tenant to sign and keep a copy?

Section 47 of the Lagos State Tenancy Law 2011 provides that, “agreements whether written or oral, express or implied, is between a landlord and a tenant regarding possession of premises”.

A tenancy agreement is a relationship between an individual and his Landlord, and it gives rights to both parties to the contract. The most predominant factor of a tenancy is that, it is for a term certain, which is usually between one to three years with the option to renew. Any tenancy agreement exceeding three (3) years, is considered a lease agreement and not a tenancy agreement.

Under the new law, a Landlord cannot demand or accept any rent for a period of more than one year. My advice is that, when your rent is due for renewal, politely demand firmly, that you need a copy of the tenancy agreement which you paid for.