ELONGATION OF TENANCY MATTERS IN COURTESV Kelechi K. Agu, MNIVS,RSV,NIM

Landlord and tenant relationship more often than not degenerates upon the Landlord’s notification to recover premises.

CONCEPTUAL FRAMEWORK

Tenancy as a legal concept forms the cornerstone of landlord-tenant relationships and is regulated by statutory and common law principles in Nigeria. A clear understanding of the term “tenancy” and its various types is essential to contextualize the legal disputes that often arise in rental agreements and occupancy matters.

However, inconsistencies in court reasoning, jurisdictional overlap between magistrate and high courts,the proper utilization of and procedural bottlenecks are identified as key enforcement challenges. The legal remedies such as specific performance, injunctions, statutory recovery processes, and the growing relevance of Alternative Dispute Resolution mechanisms like mediation and arbitration.

The “elongation” of tenancy matters in Nigerian courts typically refers to the legal processes that allow a tenant to remain in possession after the initial tenancy agreement has ended, often due to statutory protections, irregular notices, or court backlogs. The law aims to prevent summary eviction and ensures due process is followed.

WHAT GIVES RISE TO RECOVERY OF POSSESSION:

• Illegal Eviction
• Disagreements on Tenancy Clauses
• Breach Of Covenant by Tenant
• Failure to issue or accept valid notice to quit
• Failure to pay rent
• Unlawful increase of rent
• Failure of Landlord to maintain the property
• Refusal to refund security deposit
  CAUSES OF ELONGATION OF TENANCY MATTERS IN COURT
• Lack of due diligence before instituting the case: This applies to both the estate firm in charge of the property and the law firm briefed to handle the matter. On the part of Estate firms, where the documentations for the tenancy are incomplete or poorly done, the solicitor will have a hard time gathering the right information to pursue the legal matter. For the law firm, where they lack expertise, the matter will be stalled or thrown out of court due to irregularities and technicalities.
• Delays in Judicial Processes: One of the most pressing enforcement challenges in tenancy disputes is the delay experienced in Nigerian courts. Tenancy matters, which ideally should be disposed of speedily due to their socio-economic implications, often take several months or years before judgment is delivered. These delays are caused by factors such as court congestion, frequent adjournments, and insufficient judicial manpower. The delay in adjudication denies landlords prompt recovery of premises and subjects tenants to prolonged uncertainty. Judicial delays in tenancy disputes erode public confidence in the legal system and often encourage resort to self-help.
  EFFECT OF ELONGATION MATTERS IN COURT:

For Landlords

• Financial Loss
• Void Periods
• Frustration and Stress
• Incurring Liability
  For Tenants
• Uncertainty and Instability
• Litigation Costs and Time Wastage
• Potential Homelessness
• Risk of Unlawful Eviction

WAY FORWARD:

1. Critical checks and profiling of Prospective Tenants
2. Proper engagement of a lawyer in the preparation of Tenancy agreements
3. Total transformation of the judicial system
4. Appointment of more judges, creation of open door courts/tribunals, employment of trained adjudicators
5. Awareness on Alternative Dispute Resolution – mediation and Arbitration
6. Digitalization of Tenancy Agreements for easy access.
7. Prompt execution of court orders
8. Prompt filing of Notice of Owner’s Intention to Recover Possession
9. Rearrange the court proceedings to tackle cases timely like in the developed judicial systems
   In conclusion, due diligence, the harmonization of laws, improved enforcement mechanisms, legal aid accessibility, and balanced regulation to protect both landlords and tenants are critically required for the mitigation and possible abatement of the elongation of tenancy matters in court.

Kelechi, a registered Estate Surveyor and Valuer, wrote from Abuja,FCT,Nigeria