Lagos State Tenancy Law, 2011

Section 47

2011Section 47 of 50Federal Republic of Nigeria

In this Law, unless the context otherwise requires-
"Agent" means any person usually employed by the landlord in the letting or leasing of the premises or in the
collecting of the rents, or a person Specially authorised to act in a particular manner by writing under the hand of the
landlord;
"Business Premises" except where it is expressly stated otherwise by this Law, includes premises used wholly or in part for
non-residential purposes, such as, places let out for business, shops, offices, shopping malls, sporting facilities, events centres,
lodgings. gaming houses, clubs and club houses, religious worship, institutions and voluntary services structures amongst
others;
“Commissioner” means commissioner for justice, Lagos state;
"Common Area" means any part of the premises the use of which is jointly shared by tenants or by a landlord and one or more
tenants;
"Court" means the High Court and Magistrates' Court of Lagos State but specifically excludes the Customary Court;
“Current Rent” means the subsisting rent;
“ Functions” includes powers and duties;
"Interested Person" includes any person claiming through the landlord or the tenant or who has an interest in the proceedings;
"Landlord" in relation to any premises means the person entitled to the immediate reversion of the premises or if the property is
held injoint tenancy or tenancy in common, any of the persons entitled to the immediate reversion and includes –
(a) the attorney, solicitor, agent or caretaker of any such landlord;
(b) any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the
occupation of any premises in respect of which he claims a right to receive the same; or
(c) a former landlord where the context so requires;
"Licensee" means a person who comes into occupation by mere permission, without the creation of a landlord and tenant
relationship and has no estate or legal interest in the premises;
"Mesne Profit” mean the rents and profits which a tenant holds over during his occupation of the premises and which he is
liable to pay as compensation to the person entitled to possession;
"Persons in unlawful occupation" means any person or corporate body who:
(a) enters into occupation through the tenant or remains in any residential or business premises without the
consent of the landlord; or
(b) enters into or remains in occupation of the premises after an order for possession against a tenant
without the consent of the landlord;
"Premises" except where it is expressly stated otherwise by this Law, includes premises used for business, residential
and non-residential purposes;
"Prescribed" means prescribed by this Law or Schedule or tules or regulations or orders;
"Proceedings" includes any proceedings instituted in court in respect of this law;
"Rents" includes any consideration or money paid or agreed to be paid or value or a right given or agreed to be given
or part of any crop rendered or any equivalent given in kind or in labour, in consideration of which a landlord has
permitted any person to use and occupy any land, premises, or other corporeal hereditament, and the use of common
areas but does not include any charge for services or facilities provided in addition for the occupation of the
premises:
"Rules" means the rules for the time being in force relating to the practice and procedure of the Courts in the exercise
of their respective civil jurisdiction made under the law by which such Courts were established or any law amending
same;
"Services or Facilities" include any of the following that are provided or agreed to be provided by the landlord to the
tenant of premises: appliances and furnishings, cleaning and maintenance services, parking spaces, cable, television
and dish services, laundry services, storage facilities, elevator services, common recreational facilities, intercom
systems and security surveillance, housekeeping facilities, security services and waste removal services;
"Sitting Tenant" means a tenant in lawful occupation after the expiration of the first tenancy term according to the
provisions of this Law and includes a tenant renewing an existing tenancy following an expired term of years;
“State” means Lagos state.
"Substantial Repair" means any work required to remedy anything which threatens the structure or renders the
premises inhabitable, creates an intolerable nuisance or could be construed as a breach of the landlord's covenant in
the head- lease;
"Sub-tenant" means a person who occupies a premises or a portion of the premises previously occupied by a tenant which has
been sublet to the sub-tenant by virtue of the written consent of the landlord;
"Tenant" includes a sub-tenant or any person occupying any premises whether by payment of rent howsoever or by operation
of law and not persons unlawfully occupying any premises under a bona fide claim to be the owner;
"Tenancy" means holding of interest in land or property by a tenant under a tenancy agreement:
"Tenancy agreement" means an agreement whether written or oral, express or implied between a landlord and a tenant
regarding possession of premises and use of common areas and includes leases and sub-leases.

Cite this section

Section 47, Lagos State Tenancy Law, 2011 (2011).

https://repo.podus.ai/laws/lagos-state-tenancy-law/section/47/