Policy and Principles of the Lagos State Tenancy Law, 2011

Abstract

This study assessed the policy and principles of the Lagos State Tenancy Law, 2011 against the background of previous Rent laws in Lagos state with particular reference to nutty issues such as the justification for government intervention in the determination of rent, rationale for rent standardization, security of tenancy, and the sanctity of tenancy agreements and relationships. It was revealed that while the government of Lagos state through its legislature passed a new Rent law tagged the ' Lagos State Tenancy Law, 2011' ostensibly to cure the defects that characterized the earlier Rent laws particularly the Rent Control and Recovery of Residential Premises Law of Lagos State No.6 of 1997 (as amended in 2004), the 2011 Tenancy law while addressing the perceived flaws of the earlier legislation appears to have failed to holistically address the dilemma of the tenants since a practical solution to the problem itself goes beyond mere legislative attempts to hound the landlords into accepting 'standard rent' without objective recourse to economic realities in the country. The new law also inadvertently omitted some parts of Lagos in terms of scope of application leaving lawyers, jurists, and litigants in apparent confusion as to the course to take in such areas that technically have no applicable Rent law. It was recommended that government should as a practical solution get involved in mass housing development in order to effectively reduce the major problem of acute shortage of accommodation as only this can tilt the balance in favour of the tenants by stemming the tide in the real sector which in reality is a reflection of the natural forces of demand and supply of accommodation responsible for excessively high rent in Lagos. It was finally recommended that the legislature in Lagos should urgently take steps to enact legislation to regulate tenancy relationships in the omitted areas especially, Apapa, Ikeja GRA, Ikoyi, and Victoria Island.