RECOVERY OF RENT ARREARS AND TREATMENT OF DIFFICULT TENANTS IN RESIDENTIAL AND COMMERCIAL PROPERTIES
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RECOVERY OF
RENT ARREARS AND TREATMENT OF DIFFICULT TENANTS IN RESIDENTIAL AND COMMERCIAL
PROPERTIES
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND TO THE STUDY
High demand
for rental accommodation has been experienced as a result of the creation of
thirty-six States and Abuja, the Federal Capital Territory because of the need
to house people moving into new States in addition to new ones being employed
to fill up created vacancies in the new State and Local Government Council
Departments. There is bound to be an increasing dependency on the private
rental market for a long time to come in view of the high cost of various
building materials, high interest rates on mortgage loans and the challenges
facing applicants for the certificates of occupancy all these challenges
coupled with poverty and unemployment in Nigeria has made it difficult for some
tenants to pay their rent leading to accumulation of rent arrears. Due to poor
enactment of policy and implementation, some tenants are stubborn and difficult
refusing to pay their rent intentionally with dubious motive to cheat the
landlords (Topham, 2012). The absence of many large corporate or institutional
investors in the rental property market has widened the gap.
According to
Burke (2000), the relative poor quality of tenancy management coupled with the
polarization of estate agency practice have led to conflicts and disputes
between or among landlords, estate agents and tenants as a result of refusal of
some tenants to pay their rent areas. Bad tenants can be a real problem for not
paying rent on time or leaving properties in a mess. In advanced countries,
lodged information about bad tenants in tenancy databases assists estate agents
and landlords make more informed decisions before taking in new tenant because
some tenant will never abide by both oral and even written agreement leading to
problems between the landlord and the tenants.
Accordingly,
a landlord who seeks to recover his rent areas from a tenant must strictly
comply with the provisions of the statutes guiding landlord and tenancy
agreements in Nigeria. In other words, the slightest deviation from the
requirements of the law will frustrate an attempt to recover possession of rent
areas and the premises no matter how troublesome and terrible such a tenant may
be. Every State in Nigeria now has its own law on recovery of rents, areas and
premises. The law in Nigeria is Recovery of Premises Act. Cap 544 Laws of the
Federation of Nigeria (Abuja) 1990. Section 2, Recovery of Premises Act Cap 544
Laws of the Federation of Nigeria (Abuja) 1990 states that a landlord is a
person entitled to immediate reversion of the premises and includes the
attorney or agent of any such landlord or any person receiving (whether in his
own right or as an attorney or agent) any rent from any person for the
occupation of any accommodation in respect of which he claims a right to
receive same. This section further states that a tenant includes any person
occupying premises, whether on payment of rent or otherwise, but does not
include a person occupying premises under a bona fide claim to be the owner of
the premises. It is however imperative that landlord must operate within the
confines of the law in the recovery of areas and treatment of difficult tenants
in both residential and commercial properties which is what this study is
focused on.
1.2 STATEMENT OF THE PROBLEM
Every day
with the increase in population, there is a concurrent need for houses to
accommodate this rising population. As a result, there has always been the need
for individuals, corporations and governments to build and lease or rent houses
to fill this void. These houses could either be for residential or commercial
purposes. This has brought the need to regulate the relationship between
landlords and tenants so as to avoid arbitrary increments in rents, non-payment
of rent areas, wrongful eviction and illegal holding over of premises. The
procedure for recovery of rent areas and premises is largely regulated by
statutes. On any day following the day the rent was due, when the tenant failed
to pay, the landlord can serve a termination notice to be effective ten days
after the date the notice was served. The tenant may within five days after
receipt of the notice pay all rents due and the notice of termination is then
void (University of British Columbia, 2004). If the tenant refuses to pay or
move out, eviction procedure may commence. Rent arrears are the commonest of
all the reasons for tenant eviction and disagreement between tenants and
landlords. (ACN, 2011; Nigeria Property Centre, 2012; Topham, 2012), the
researcher will however examine the process of rent areas recovery and
treatment of difficult tenants in residential and commercial properties in
Nigeria.
1.3 OBJECTIVES OF THE STUDY
The following
are the objectives of this study
1. To examine the process of recovery of rent
arrears from difficult tenant in residential and commercial properties in
Nigeria.
2. To analyze the treatment of difficult tenants
in residential and commercial properties in Nigeria.
3. To identify the factors that causes
disagreement between landlord and tenants in residential and commercial
properties in Nigeria.
1.4 RESEARCH QUESTIONS
1. What are the processes of recovery of rent
arrears from difficult tenant in residential and commercial properties in
Nigeria?
2. How can difficult tenants be treatment in
residential and commercial properties in Nigeria?
3. What are the factors that causes disagreement
between landlord and tenants in residential and commercial properties in
Nigeria?
1.6 SIGNIFICANCE OF THE STUDY
The
following are the significance of this study:
1. Outcome of this study will educate the
landlord on the process of recovery of rent arrears from the tenants and how
difficult tenants can be treated in residential and commercial properties in
Nigeria.
2. It will also enlighten the tenants on the
need to maintain adequate cooperation
with the landlord with respect to prompt payment of rent.
3. The result will be useful for the government
and policy makers on the need to formulate an effective policy that will solve
any problem that may arise between the landlord and tenant of residential and
commercial properties in Nigeria.
4. This research will also serve as a resource
base to other scholars and researchers interested in carrying out further
research in this field subsequently, if applied will go to an extent to provide
new explanation to the topic.
1.7 SCOPE/LIMITATIONS OF THE STUDY
This study
on the recovery of rent arrears and treatment of difficult tenants in
residential and commercial properties in Nigeria will cover issues related to
non-payment of rents arrears by tenants in Nigeria and how it can be addressed.
LIMITATION
OF STUDY
Financial
constraint- Insufficient fund tends to impede the efficiency of the researcher
in sourcing for the relevant materials, literature or information and in the
process of data collection (internet, questionnaire and interview).
Time constraint- The researcher will
simultaneously engage in this study with other academic work. This consequently
will cut down on the time devoted for the research work.
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