Both tenants and the landlord have a duty to repair certain parts of the property. Generally, the landlord has the duty to make structural or major repairs of the property while the tenant has a duty to make minimal or minor repairs in the property.
Section 7 of the Tenancy Law of Lagos State, talking about the duties of the tenants states that the tenant shall:
(3) Keep the premises in good and tenantable repair, reasonable wear and tear expected. and
(7) Notify the landlord where structural or substantial damage has occurred to any part of the premises as soon as practicable.
Under Section 8 of the Lagos State Tenancy Law State, talking about the duties of the landlord, some of the duties of the landlord are the duty to:
(iii) Keep the premises insured against loss or damage and
(vi) Effect repairs and maintain external and common parts of the premises.
Thus, the Landlord is responsible for structural or substantial repairs of the house. Damages to the roof, the main gate, the external doors and the fence for example are to be repaired by the landlord. The landlord is also to insure the property from loss or damage (theft and fire insurance).
On the other hand, minimal damages like damages to the handle of the kitchen cabinet, the tap (or faucet) of the bathroom sink, the door knob of a bedroom door and the light bulb in the sitting room for example are to be repaired by the tenant.
It is important to note that many of the rules in the Tenancy Law of Lagos State (including the duties of landlord and tenant stated above) are “Subject to any provision to the contrary in the Tenancy Agreement.” Equally, while it is pertinently advised that all agreements between the landlord and the tenant are to be written (in the Tenancy Agreement), Section 3 (b) of the Tenancy Law of Lagos State also state that a Tenancy Agreement between the landlord and the tenant can be “Oral or written or partly oral or partly written.”
Flowing from the above, the landlord and tenant can by express words in the tenancy agreement, or conduct between them go against these general provisions stated above. A landlord may decide to undertake all repairs in the tenanted premises; conversely, a proactive tenant may also make all repairs in the premises. If the landlord is subsequently informed of the repairs (and did not complain about it); over time, the tenant may be said to have undertaken to be making such repairs.
Therefore, the general rule is that external and structural repairs are to be done by the landlord, while internal and minor repairs are to be done by the tenant. The landlord and tenant may by agreement or conduct transfer the burden of repair meant for one party to the other.
For more information, please contact:
Ayobayo Babade Esq, ACIArb(UK), FIMC,
Tope Babade & Co (Real Estate Consultants),
Magodo Phase 2, Lagos, Nigeria.
