Some believe that due to the fact that they have not signed a Tenancy Agreement with the Landlord, they do not have the rights of a landlord or tenant; or are not bound by the legal obligations to be performed as a landlord or a tenant.
Though it is advisable to have a tenancy agreement signed, the position of the Law is that whether or not a Tenancy Agreement has been signed, a Tenancy Agreement is deemed to exist where a premises was given by the landlord to another person (a tenant) and rent is paid.
Section 3 of the Tenancy Law of Lagos State states that: “A tenancy agreement shall for the purposes of this Law be deemed to exist where premises are granted by the landlord to a person for value whether or not it is –
(a) Express or implied
(b) Oral or written or partly oral or partly written; or
(c) for a fixed period”
Thus, whether or not a tenancy agreement has been signed between the parties, parties still have the rights and obligations of landlords and tenants.
Courtesy: Ayobayo Babade Esq, ACIArb (UK), FIMC,
Tope Babade & Co (Real Estate Consultants),
Magodo Phase 2, Shangisha, Lagos, Nigeria.
Tel/WhatsApp: +234 813 834 4488.
