Review
By Lilian Okoro
Lagos, July 11, 2018 (NAN) The Association of Estate Agents of Nigeria (AEAN) has urged Lagos State House of Assembly to review the state’s Tenancy Law of 2011 to enhance its effectiveness.
Mr Adeolu Ogunbanjo, the Chairman of the association, made the call on Wednesday in an interview with the News Agency of Nigeria (NAN) in Lagos.
NAN reports that the law came into force on Aug. 24, 2011.
He told NAN that the review should be done with a view to ensuring fairness and that it reflects present societal values and realities.
“Like every other piece of legislation, this law requires periodic review in line with the government’s housing policy as a way of dealing with housing deficit due to the fast growing population of the state.”
He said that many people were ignorant of the law and that most landlords in parts of the state still demanded more than one year rent from tenants.
According to him, the uniformity and effectiveness of the law has not been achieved, stressing the need for the review to ensure its full application by all residents of the state.
He cited some of the areas to be considered for review as including the introduction of rules of procedure to help fast-track proceedings for recovery of possession.
Others are failure to adhere to the section of the law on advance payment that makes it unlawful for a landlord to receive more than a year’s rent in advance and the proposed time limit for the disposal of tenancy matters.
Ogunbanjo noted that the trial procedure and delay in the disposal of tenancy cases was a big problem that still persisted.
“This is not largely due to the inadequacies of the 2011 tenancy law but mainly due to poor case management approach by magistrates and mischievous legal practitioners who have resisted the innovations in the law.”
He noted that the law gave tenants much leverage, particularly when a landlord wanted to quit his tenants.
“Recovery of premises cases are not supposed to be complex matters that require a long time to dispense justice.
“The issues are narrow and the interests of the parties (landlord and tenants) are primarily that a landlord requires his premises and the tenant needs time to secure alternative premises.
“The process in which landlord recovers possession of his premises is long and time wasting.
“I suggest some processes be removed as part of the life of the property is lost going through all the procedures,” Ogunbanjo said. (NAN)
LUC/IKU/NKO
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Edited by Tayo Ikujuni/Nkechi Okoronkwo