A Landlord no doubt, is not a Father Christmas, hence the motivation for putting his premises out to let is for commercial gain.
Tenants are therefore to pay the rents, rates and outgoings promptly in return for the quiet enjoyment of the premises they occupy ensuring that the premises is put into proper and mutually agreed use.
Apart from personal gain and comfort to which the landlord channels the rent paid by the tenant, the rent is also needed for major repairs and maintenance of the premises by the landlord.
As important as payment of rent and outgoings by tenants are, many tenants sometimes default in payment and these days they do excessively probably due to the general economic hardship in the country.
Failure, neglect or refusal by a tenant to pay his rent regularly constitute major source of dispute between landlord and tenant and if not properly managed, will translate into toxic relationship.
This more often than not makes an aggrieved landlord to resort to hiring thugs to lock out the tenant from the premises, place chains or lock on the doors or gates to the premises, cut off water and electricity supply and other utilities to the defaulting tenant and possibly force him out of the premises.
Some even go to the extent of confiscating or throwing out the personal belongings of the defaulting tenant and in some cases de-roofing the rented premises in other to recover the premises.
While non -payment of rent or any lawful charges by a tenant stands unjustifiable, resort to self -help by the landlord is to say the least barbaric, toxic, illegal and highly reprehensible.
Clearly, the relationship between the landlord and tenant is contractual and regulated by law. Any landlord who wishes to recover property from a recalcitrant tenant or his former tenant, who is still owing him should contact his lawyer for legal advice and remedies as court remains the legal platform for resolving the dispute
Indeed, there is no debt, no matter how much and for how long that will justify resort to self-help such as unauthorized removal of roof, doors or locking, closure or destruction of a tenant’s gate, door, padlock, chain, entry point or any property whatsoever. Such unlawful act will make the landlord liable to damages particularly if tenant’s belongings are destroyed or detained. See the case of NSC v Innis-Palmer (1992) 1NWLR (Pt 218) 422 ratio 5 at P.433. Paras F-G
Application of force as against due process of law renders the landlord and all who participated in the unlawful act of wrongful eviction liable to damages to the victim of such unlawful act See Salau V Araba (2004) All FWLR (Pt.204)p.88 ratio14. Uchendu v Ogboni (1994) 4SC (Pt.1) 1. Iheanacho v Uzochukwu (1999)2NWLR (Pt.487) 257.
To lawfully recover possession, arrears of rent, mesne profit and other lawful charges, landlords are strongly advised to consult a Lawyer who will take the necessary steps to legally obtain remedy for the aggrieved landlord.
To lawfully recover possession, landlord must follow due process of law . This involves the issuance of the mandatory statutory notices including notice to quit, notice of owner’s intention to apply to court to recover possession also known as seven days’ notice.
If the recalcitrant tenant neglects, refuses, neglects or still fails to yield possession at the end of this notice then the lawyer may apply to court to evict the tenant at will and recover possession.
For a successful court action geared towards recovery of premises, the mandatory statutory notices must be served on the tenant. Such notice must also be valid as invalid notice or failure to serve the mandatory notices renders the suit of the landlord a nullity.
It should be noted that while notice to quit is compulsory for the termination of periodic tenancy, it is not needed for the termination of tenancy for a term certain.
What is needed for termination of a term certain tenancy is notice of owner’s intention to recover possession (seven days’ notice).
Where however, there is a tenancy agreement, landlord and tenants are bound by the provisions of such agreement.
Tenants are indeed advised to pay their rents and bills promptly and abide by the tenancy agreement if any and the recovery of premises law governing the area of residence to avoid costly and perhaps unpleasant consequences of litigation
The only alternative to court action in resolving tenancy matter, particularly on recovery of the premises, is peaceful and mutual agreement between landlord and tenant on the issue. It is better to be law abiding always.
