Landlord and Tenant Relationship and Its Effect on Property Value
Chapter One
AIM AND OBJECTIVES
The main aim of this study is to proffer the resolution of the conflict that has been in existence between the landlord and tenant relationship.
- To ascertain causes of conflict in landlord and tenant relationships.
- Identify methods adopted in the resolution of these conflicts
- Identify and recommend ways of improving the resolution of conflicts in the landlord and tenant relationship.
CHAPTER TWO
REVIEW OF RELATED LITERATURE
LANDLORD AND TENANT DEFINED
A landlord has been defined as the person entitled to the immediate reversion of the premises or if the premises are held in joint tenancy or tenancy in common, any of the persons entitled to the immediate reversion, which will include the attorney, solicitor, agent or caretaker, receiving rent from any person for the occupation of the premises in respect of which such attorney, agent or caretaker claims a right to receive the rent. In another parlance, a landlord is not only the ‘owner’ of the premises who enters into a tenancy agreement with a tenant. In relation to any premises, a landlord also includes the below listed persons: a. Any other person(s), other than the original landlord who has acquired the reversionary interest of the original landlord. This may be a bona fide purchaser of the reversion for value, a person to whom the original landlord has taken a loan from and used his reversionary interest as security or a person who has been given the reversion as a gift by the original landlord; b. Any other person(s), other than the original landlord, who has succeeded the original landlord and inherited his/her estate under the law of succession; c. Attorney, solicitor, agent or caretaker who has been empowered or given power of attorney by the original landlord to collect rents; d. Attorney, solicitor, agent or caretaker whose agency with the landlord is coupled with an interest in the rents; and e. Any other person(s), other than the original landlord who is a joint or common owner and who is equally entitled to the immediate reversion of the premises just like the original landlord
One major problem that can be easily detected from this all-encompassing statutory definition of a landlord is that there is the possibility that different persons, adjudged to be landlords, may be having adverse claims on and interests in the immediate reversion at the same time. The definitions of a landlord in the respective recovery of premises laws in the Nigerian States are almost on all fours in this respect
A tenant, on the other hand, has been defined as including a sub-tenant or any person occupying any premises whether by payment of rent howsoever or by operation of law, and not persons unlawfully occupying any premises under a bona fide claim to be the owner. The approach adopted by this definition is an inclusive-exclusive approach. This is a definitional approach that portrays not directly what something
s, but what something should ordinarily be (inclusive) and not be (exclusive). By this definition, a tenant may be said to be any of the following persons:
- A person that lawfully enters into the premises and occupies same by virtue of a tenancy agreement directly entered into between him and the landlord whether by payment of rent or otherwise;
- A person(s), other than the original tenant that entered into a tenancy agreement with the landlord, who has succeeded the original tenant and inherited his/her estate under the law of succession;
- A sub-tenant to whom the original tenant has sublet or assigned all or part of his/her interests in the demised premises; and
- A person occupying the demised premises by operation of law
Aside the analysis of the definition of a tenant above, the courts have, over the years in an attempt to bring the provisions of this part of the rent and recovery of premises laws alive, consistently held that what qualifies a person as a tenant is “lawful occupation
THE SCOPE OF LAW OF LANDLORD AND TENANT:
Historically, the relationship between the landlord and the tenant was founded purely on contract or law of obligations alone. The relationship was regarded as one of contract that gave rise to personal rights alone, and not rights to property which in essence meant that only the parties to the agreement and not third parties could benefit from it. It was by the end of the fifteenth century that the law considered the relationship between the landlord and the tenant as conferring on the tenant a right in property binding on other people. Other people as used here will include the family members of the tenant who are occupying the premises by virtue of the tenant’s tenancy with the landlord; subtenants brought into the premises by the tenant and any other persons to whom the tenant might have alienated his/her interests to as some form of security. The nature of the relationship between the landlord and the tenant has been described as follows:
CHAPTER THREE
RESEARCH METHODOLOGY
Research design
The researcher used descriptive research survey design in building up this project work the choice of this research design was considered appropriate because of its advantages of identifying attributes of a large population from a group of individuals. The design was suitable for the study as the study sought landlord and tenant relationship and its effect on property value
Sources of data collection
Data were collected from two main sources namely:
(i)Primary source and
(ii)Secondary source
Primary source:
These are materials of statistical investigation which were collected by the research for a particular purpose. They can be obtained through a survey, observation questionnaire or as experiment; the researcher has adopted the questionnaire method for this study.
Secondary source:
These are data from textbook Journal handset etc. they arise as byproducts of the same other purposes. Example administration, various other unpublished works and write ups were also used.
Population of the study
Population of a study is a group of persons or aggregate items, things the researcher is interested in getting information landlord and tenant relationship and its effect on property value. 200 residents in Uyo, Akwa Ibom state was selected randomly by the researcher as the population of the study.
CHAPTER FOUR
PRESENTATION ANALYSIS INTERPRETATION OF DATA
Introduction
Efforts will be made at this stage to present, analyze and interpret the data collected during the field survey. This presentation will be based on the responses from the completed questionnaires. The result of this exercise will be summarized in tabular forms for easy references and analysis. It will also show answers to questions relating to the research questions for this research study. The researcher employed simple percentage in the analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
Introduction
It is important to ascertain that the objective of this study was to ascertain landlord and tenant relationship and its effect on property value. In the preceding chapter, the relevant data collected for this study were presented, critically analyzed and appropriate interpretation given. In this chapter, certain recommendations made which in the opinion of the researcher will be of benefits in addressing the challenge of landlord and tenant relationship and its effect on property value
Summary
This study was on landlord and tenant relationship and its effect on property value. Three objectives were raised which included: To ascertain causes of conflict in landlord and tenant relationship, identify methods adopted in resolution of these conflicts and identify and recommend ways of improving resolution of conflicts in landlord and tenant relationship. In line with these objectives, two research hypotheses were formulated and two null hypotheses were posited. The total population for the study is 200 residents in Uyo. The researcher used questionnaires as the instrument for the data collection. Descriptive Survey research design was adopted for this study. A total of 133 respondents made landlord, landladies, tenants and students were used for the study. The data collected were presented in tables and analyzed using simple percentages and frequencies
Conclusion
It is a notorious fact that conflicts are bound to exist in human relationship and same applies to a tenancy relationship since the relationship is one of mutual concerns and benefits. However, to ensure peaceful relationship and forestall the displeasures of litigation, it is advisable that both parties play fair and be honest in their dealings. Litigation as an activity does not markedly contribute to the happiness of mankind although it is something unavoidable. That is why the Court, has always advocated for peaceful settlements. It is pertinent to engage the services of a Legal practitioner to draft and review deeds of leases/tenancy agreements with a view to ensuring that the interests of the respective parties are adequately protected. Again, an aggrieved party whose contractual rights has been breached should engage the services of a legal experts to enforce his rights rather than resorting to self-help.
Recommendation
It is pertinent to engage the services of a Legal practitioner to draft and review deeds of leases/tenancy agreements with a view to ensuring that the interests of the respective parties are adequately protected. Again, an aggrieved party whose contractual rights has been breached should engage the services of a legal experts to enforce his rights rather than resorting to self-help.
References
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