Rent Control and Recovery of Residential Premises Law

RENT CONTROL AND RECOVERY OF RESIDENTIAL PREMISES LAW

1. Citation. The Law may be cited as the Rent Control and Recovery of Residential Premises Law.

2. Interpretation. In this Law, unless the context otherwise requires- "accommodation" includes any building or premises used as residence whether or not approved by the building approving authorities in the State and regardless of user; "agent" means any person usually employed by the landlord in the letting of a premises or in the collection of the rents thereof or specially authorised to act in a particular manner by writing under the hand of the landlord in relation to a premises; "court" includes District Customary Courts, Area Customary Courts and the Customary Court of Appeal of the State; "functions" includes powers and duties; "Governor" means the Governor of Delta State of Nigeria; "landlord" in relation to any premises means the person entitled to the immediate reversion of the premises or if the property therein is held in joint tenancy or tenancy in common, any of the persons entitled to the immediate reversion and includes- (a) the attorney or agent of any such landlord; or (b) 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; "mesne profits" means the rents or profits, as the case may be, which a tenant who holds over, or a trespasser has or might have received during his occupation of the premises and which he is liable to pay as compensation to the person entitled to possession; "premises" includes a house or building or any part thereof together with its gardens or other appurtenances; "prescribed" means prescribed by this Law or regulations and orders made; thereunder; "rent" includes any money or monies worth, whether in the form of crops, labour or otherwise, paid or given as the case may be, in consideration of which a landlord has let a premises to a tenant; "standard rent" means in relation to any accommodation any rent fixed by order under section 6 of this Law; "State" means Delta State of Nigeria; "tenant" includes a sub-tenant or any person occupying any premises whether on payment of rent or otherwise but does not include a person occupying a premises under a bonafide claim of right as the owner of the premises; "the rules" means the rules for the time being in force relating to the practice and procedure of a court in the exercise of its civil jurisdiction, made under the law by which such court is established or any law amending same.

3. Application. (1) This Law shall apply to all residential accommodation throughout the State. (2) The Governor may from time to time by order classify the types and categories of residential accommodation, zone the areas of the State and fix the standard and maximum rents for such accommodation for the purposes of this Law. (3) The Governor may from time to time by order exempt the application of this Law to any particular accommodation or areas. (4) Any order made under subsection (2) of this section may be made to have effect from any date (not however being a date earlier than the date of commencement of this Law, whether before or after the date of the making thereof, as the Governor may deem necessary or expedient).

4. Rent tribunals. (1) There shall be established courts to be called District and Area Customary Courts and the Customary Court of Appeal (hereafter in this Law referred to as "the Courts") as provided in the Customary Courts Law and the Customary Court of Appeal Law of the State. (2) No proceedings of the Court shall be rendered invalid by reason of any defect in the appointment of the Chairman or any member. (3) The Court may, on the application of any person who, in the opinion of the tribunal, has an interest in the matter, or of its own motion, sit with one or more assessors in any case where the tribunal is satisfied that it is necessary for the determination of any issue before it.

5. Agreement. (1) As from the commencement of this Law it shall be unlawful for a landlord to accept an agreed rent in respect of any accommodation to which this Law applies which is in excess of the standard rent prescribed for the type of accommodation. (2) Where the agreed rent is higher than the standard rent prescribed for the type of accommodation under this Law, the tenant shall pay, as from the commencement of this Law, the standard rent. (3) Where the agreed rent is lower than the standard rent prescribed for the type of accommodation under this Law, the tenant shall continue to pay, as from the commencement of this Law, the agreed rent save that after the expiration of six months of the commencement of this Law, the landlord may make an application to the Court for an order to vary the agreed rent.

6. Standard rent. (1) The Court shall have jurisdiction, on application made to it by a landlord, or a tenant or any interested person, to determine in respect of any accommodation let before, on or after the commencement of this Law, the standard rent payable in respect of such accommodation within the limit of the rent prescribed in the order made under section 3 of this Law. (2) Every order of the Court fixing the standard rent of any accommodation shall be signed by the Chairman and be issued under the seal of such tribunal. (3) The standard rent fixed by the Court shall supercede the agreed rent as between the landlord and the tenant and any order made by the tribunal shall bind all persons including the landlord, tenant or mortgagee of the building in which the accommodation is situated. (4) As from the commencement of this Law, it shall be unlawful for anyone in consideration of the grant, continuance, surrender or giving up of a tenancy of any accommodation to require or receive the payment of any loan or premium in respect of the same, and any such payment made in respect of any accommodation to a landlord by a tenant shall be recoverable by the tenant, and may, without prejudice to any other method of recovery, be deducted from any rent payable by him to the landlord, at any time. (5) For the avoidance of doubt, the provisions of this Law shall not render unlawful or invalid any agreement whereby a bona fide contractor invests in the development of any property to which this Law applies, and in consideration of such investment, takes a lease of the property for any period of time at a rent lower than the standard rent. (6) It shall be unlawful for the agreed or standard or maximum rent of any accommodation to which this Law applies to be demanded or received in excess of three months for individual tenants and twelve months for commercial or institutional tenants. (7) Where before the commencement of this Law an agreed rent has been paid to a landlord in advance, and in excess of that provided in subsection (6) above Such rent shall not be recoverable by a tenant.

7. General jurisdiction. (1) Proceedings under this Law may be brought before the Court established under the Customary Court Law. (2) The jurisdiction of the Court shall not be ousted by the defendant or respondent bona fide setting up# the title of a third person. (3) Subject to the provisions of this Law, the Court shall be bound by the practice and procedure in civil matters in the Magistrate’s Courts. (4) Where a tenant has defaulted in paying- (a) his rent before the coming into force of this Law; or (b) the agreed rent as at the commencement of this Law, and there is an application for the determination of the standard rent before the Court, the Court may order the tenant to pay such arrears of rent before the determination of the application.

8. Transfer of liability, effect on rent. (1) Any transfer to a tenant of any burden or liability previously borne by the landlord shall, for the purposes of this Law, be treated as an alteration of rent and where, as a result of such transfer the terms on which any premises are held are on the whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased whether or not the sum periodically payable by way of rent is increased. (2) Any increase of rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant where, as a result of such transfer the terms on which any premises are held are on the whole not less favourable to the tenant than the previous terms, shall be deemed not to be an increase of rent for the purposes of this Law.

9. Distress for rent. (1) A landlord shall not exercise the power of distress for rent except fa execution of the judgment of a court and in accordance with the Sheriffs and Civil Process Law, but the Court, on being satisfied that a tenant has defaulted in paying- (a) the standard rent fixed by the tribunal; or (b) an agreed rent which is lower than the standard rent, may order that the tenant’s property be distrained until such payment is made. (2) Sections 18, 19, 20, 21 and 26 of the Sheriffs and Civil Process Law shall apply in relation to distress made under this section as they do in relation; to, attachment in execution under process of a court.

10. Proceedings to be in public, etc. (1) The proceedings of the Court shall be held in public unless on any occasion the tribunal considers it to be in the interests of justice for same to be held in private and accordingly to exclude any person therefrom. (2) Proceedings of the Court shall be deemed to be judicial proceedings and the members to be judicial officers. (3) A tribunal shall, in the course of its proceedings, have the power to examine witnesses on oath and to summon any person to give evidence or to produce any document which the tribunal may consider relevant including any document of title.

11. Protection of members of tribunal, etc. (1) No member or officer of the Court shall be liable to be prosecuted or sued in any court for any act done or ordered to be done by him in good faith in the discharge of his functions under this Law. (2) No person duly authorised to carry out the orders of the Court shall be liable to be prosecuted or sued in any court for so doing.

12. Representation of parties. In respect of any matter before the Court, any landlord, tenant, class of landlords or tenants or any other person who in the opinion of the tribunal has any interest in such matter may be represented either by himself or by a legal practitioner, and in respect of any such matter the Governor may be represented by a law officer or by any other person authorised in that regard by or on behalf of the Attorney-General.

13. Sub-tenants deemed to be tenants of landlords. Where a landlord at any time lets any premises and his tenant, not being expressly prohibited in writing from sub-letting, sub-lets such premises or any part thereof, the subtenants of such premises or any part thereof shall be deemed for the purpose of this Law to be tenants of the landlord.

14. Restriction on contracting out. Any agreement relating to the tenancy of any accommodation to which this Law applies shall be void in so far as it purports to preclude the tenant from making any application or otherwise exercising any rights conferred upon him under or by virtue of this Law or provides for the termination or the surrender of the tenancy of the accommodation in the event of his making such an application or exercising such a right or for the imposition of any penalty or disability on the tenant in that event.

15. Courts to conform to provisions of Law. Every court established by the laws of the State whether of civil or criminal jurisdiction shall, so far as is necessary, and subject to section 7 (1) of this Law, conform to the provisions of this Law and shall not recognise or enforce any measures, transactions or other arrangements which in its opinion are tended for, or calculated to result in, the evasion or default of any of the provisions or purposes of this Law, in all or any proceedings, actions, suits or cases between landlords and tenants or between any of them and other persons and in all applications, suits, actions, cases and matters in which the rights, remedies, duties or titles of any of these aforementioned are in question.

16. Security of tenancy. (1) Where an application has been made to the Court by a tenant in respect of accommodation to which this Law applies, any notice issued by the landlord and served on the tenant to quit the accommodation thereafter, shall be of no effect and no similar notice to quit shall be given by the landlord before the decision of the Court is given. (2) Notwithstanding the provisions of any law or enactment, the Court may declare as invalid and of no effect, a notice to quit served on a tenant if it is satisfied that such a notice was not issued in good faith, and the tribunal's endorsement to that effect on the purported notice to quit shall be sufficient evidence of such decision before any court of law.

17. Tenant refusing, neglecting to give up possession. When and so soon as the term or interest of the tenant of any premises, held by him at will or for any term either with or without being liable to the payment of any rent, shall have ended or shall have been duly determined by a written notice to quit as in Form B, C, or D, whichever is applicable to the case, or otherwise duly determined and such tenant, or, if such tenant does not actually occupy the premises or only occupies a part thereof, any person by whom the same or any part thereof shall then be actually occupied, shall neglect or refuse to quit and deliver up possession of the premises for of such part thereof respectively, the landlord of the said premises or his agent may cause the person so neglecting or refusing to quit and deliver-up possession to be served, in the manner hereinafter mentioned, with a written notice as in Form E signed by the landlord or his agent, of the landlord’s intention to proceed to recover possession on a date not less than seven days from the date of service of the notice.

18. Length of notice. Where there is no express stipulation as to the notice to be given by either party to determine the tenancy, the following periods of time shall be given- (a) in the case of a tenancy at will or a weekly tenancy, a week’s notice; (b) in the case of a monthly tenancy, a month’s notice; (c) in the case of a quarterly tenancy, a quarter’s notice; and (d) in the case of a yearly tenancy, half a year’s notice: Provided that in the case of a monthly tenancy, where a tenant is in arrears of rent for three months after the commencement of this Law, the tenancy shall determine and the Court shall on the application of the landlord make an order for possession and arrears of rent.

19. Giving of notice and expiry thereof. Notices referred to in section 18 may be given at any time prior to the date of termination of current terms of tenancy, but they shall not be effective if the time between the giving of the notice and the time when the tenancy is to be determined less than the respective periods set out in section 18, provided that where rents are payable in advance in the case of monthly and quarterly tenancies, it shall not be lawful for a landlord to give notice to quit or recover possession during the first six months of the tenancy except on the order of the tribunal or with the consent of the tenant.

20. Institution of proceedings. (1) Upon the expiration of the time stated in any such notice of the landlord’s intention to recover possession, if such tenant or any person holding or claiming by, through or under him, neglects or refuses to quit and deliver up possession accordingly, the landlord may apply to the Court for the issue of a writ or enter a plaint as in Form F, at his option either against such tenant or against such person so neglecting or refusing, for the recovery of same and thereupon shall issue a summons as in Form G to such tenant or person so neglecting. (2) If mesne profits are claimed and the writ or plaint shows that the rate at which such mesne profits are claimed is the same as the standard rent of the premises, judgment shall be entered for the ascertained amount as a liquidated claim and if mesne profits are at the rate of the said rent up to the time of obtaining possession, the judgment shall be extended to include such claim and shall be as in the second alternative in Form J. (3) Where a claim for recovery of possession is joined with a claim for arrears of rent and the defendant admits liability for arrears of rent, the Court shall upon such admission enter judgment for the arrears of rent and may subsequently proceed with the claim for the recovery of premises.

21. Sub-tenant served with summons to recover possession must give notice to his immediate landlord. When any summons for the recovery of any premises as is hereinbefore specified shall be served on, or come to the knowledge of any sub-tenant of the plaintiff’s immediate tenant, such sub-tenant, being an occupier of the whole or a part of the premises sought to be recovered, he shall forthwith give notice thereof to his immediate landlord, failure to give such notice rendering him liable to forfeit such sum as the tribunal may consider just but not exceeding three years’ rent of the premises held by such sub-tenant to such landlord by action in the Court from which such summons shall have been issued, and such landlord, on the receipt of such notice, if not originally a defendant, may be added or substituted as a defendant to defend possession of the premises in question.

22. Landlord may claim for mesne profits. The landlord may, either together with his writ or plaint for the recovery of the premises or in answer to any claim or counter-claim made in respect of any unexhausted improvements as hereinafter provided, claim to recover, or to set off rent or mesne profits, or both, accruing in respect of such premises from the determination of the tenancy to the day appointed for the hearing, or to any preceding day named in the writ or plaint.

23. Claims for arrears of rent and mesne profits. The amount claimed under any writ or plaint for arrears of rent and mesne profits shall be treated as one claim.

24. Improvement of accommodation by tenants. Where a tenant, with the previous consent in writing of the landlord, executed on his accommodation any improvements, he shall be entitled, at the termination of the tenancy, on quitting his accommodation to receive compensation from his landlord in respect of any such improvement.

25. Heating of summons. (1) If the defendant shall not at the time named in the summons or any adjournment thereof, show good cause to the contrary, then on proof of- (a) the defendant still neglecting or refusing to deliver up the premises; (b) the yearly rent of the premises; (c) the holding; (d) the expiration or other determination of the tenancy within the time and manner thereof; (e) the title of the landlord, if such title has accrued since the letting of the premises; and (f) the service of the summons, if the defendant does not appear thereto, the Court may order as in Form J, K, or L, whichever is applicable to the case, that possession of the premises mentioned in the plaint be given by the defendant to the plaintiff either forthwith or on or before such day as the tribunal shall think fit to specify. (2) If the plaintiff at the time named in the summons or at any adjournment thereof shall fail to obtain an order under subsection (1) above, the defendant shall be entitled to judgment and may be awarded costs, such judgment and award being as in Form M.

26. Warrant of possession may be issued at any time. Where a landlord is entitled to possession of any premises, the Court may issue a warrant of possession: Provided that every counterclaim connected with of arising from the writ or plaint shall have been determined or satisfied.

27. Limitation of orders and judgments. (1) No order or judgment for the recovery of possession of any premises to which this Law applies or for the ejectment of a tenant therefrom shall be made tor given unless the Court considers it reasonable to make such order or give such a judgment, and unless either- (a) Second Schedule.- the Court has the power so to do under the provisions set out in the Second Schedule to this Law; or (b) the Court is satisfied that suitable alternative accommodation is available for the tenant. (2) Accommodation shall be deemed to be suitable if it is in the opinion of the tribunal, reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, to the means of the tenant and to the needs of the tenant and his family as to extent and character.

28. Enforcement of order of Court. If the order of the tribunal given under section 26 is not obeyed, the tribunal, whether such order can be proved to have been served on the defendant or not, shall, at the instance of the plaintiff, issue a warrant of possession, and if such order is to the effect that possession of the premises be given forthwith by the defendant to the plaintiff, the Court shall at the instance and cost of the plaintiff issue a warrant of possession forthwith.

29. Form and purpose of warrant of possession. A warrant of possession shall entitle the plaintiff to be put in possession of the premises to which the warrant relates and shall be as in Form N and the certificate of execution thereof shall be as in Form O.

30. Warrant of possession to be in force for three months. Every warrant of possession shall, on whatever day it may be issued, bear the date of the day next after the last day named by the Court in the order for the delivery of possession of the premises in question and shall continue in force for three months from such date and no longer, but any order for delivery of possession made subsequent thereto need not be served.

31. Warrant of possession justifies entry on premises. A warrant of possession shall entitle the person named therein or to whom it is directed to enter upon the premises with such assistants as may be reasonably necessary, and to take possession accordingly: Provided that no entry upon such premises shall be made on a Sunday or public holiday or at any time except between the hours of six o'clock in the morning and six o’clock in the evening.

32. Service of process including substituted service. Service of any notice under the provisions of this Law or any summons, warrant or other process shall be effected in accordance with the provisions of the law for the time being in force relating to the service of the civil process, and if the defendant cannot be found or his place of dwelling is not known or admission thereto cannot be obtained for serving any such process, a copy of the process shall be pasted on some conspicuous part of the premises sought to be recovered, and such pasting shall be deemed good service on the defendant.

33. Rent Books. (1) As from the commencement of this Law, all landlords of premises in the areas to which this Law applies shall issue prescribed Rent Books in addition to receipts to their tenants. (2) The Rent Book shall be in the custody of the tenant and necessary entries shall be made by the landlord therein when rents are paid by the tenant. (3) Any landlord who fails to issue the prescribed Rent Book to his tenant or who fails to make necessary entries in a Rent Book in accordance with subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine of fifty naira or to imprisonment for one month or to both such fine and imprisonment.

34. Use of forms. (1) Subject to the express provisions, if any, of the rules, the forms contained in the First Schedule may, in accordance with any instructions contained in the said forms, and with such variation as the circumstances of the particular case may require/be used in the cases to which they apply, and when so used, shall be good and sufficient in Law. (2) The forms may be added to, repealed, replaced or varied by rules, made as aforesaid in all respects as if the forms had originally been so made under this Law.

35. Appeals. Either party to any proceedings in relation to any provision of this Law shall with the leave of the appropriate Appellate Court, appeal from the decision of the Court to the appropriate Appellate Court of the State.

36. Cessation of jurisdiction of High Court and Magistrate's Court. (1) In so far as jurisdiction is conferred on the Courts in respect of the causes or matters mentioned in the aforegoing provisions of this Law, the High Courts or Magistrates’ Courts of the State shall, to the extent that jurisdiction is so conferred on the Courts, cease to have jurisdiction in relation to such causes or matters: Provided that the High Court shall have appellate jurisdiction. (2) Nothing in the aforegoing provisions shall affect the jurisdiction and all other powers of the Court to continue to hear and determine causes and matters which are part-heard before any other court at the date when jurisdiction is conferred on the courts, and any proceedings in any such causes and matters, which are part-heard at the expiration of the period, of three months beginning with the date when jurisdiction is conferred on the courts, shall abate on the expiration of that period.

37. Savings. Any Court or appointment of a member of a Court or assessors, set up or made, and any application, proceedings or other thing whatsoever made, commented or done in pursuance of any provision of the Rent Control Law, 1970 shall, on the commencement of this Law be deemed to have been duly set up, made, commenced or done under the provisions of this Law, subject to such modifications and adaptations as may be required to bring same into conformity with this Law. [No. 14 of 1970.]

38. Offences and penalties. (1) Subject to the provisions of any Law in force, any person who demolishes, alters or modifies a building to which this Law applies with a view to ejecting a tenant and without the approval of the appropriate Court is guilty of an offence and liable on summary conviction to a fine of two hundred naira or imprisonment for three months or both. (2) (i) Any person who in respect of any accommodation to which this Law applies- (a) attempts to eject or forcibly ejects a tenant; or (b) harasses or molests a tenant by action or words with a view to ejecting such tenant; or (ii) Any person who in respect of any accommodation to which this Law applies- (a) harasses or molests a landlord in respect of accommodation let by him by action or words; or (b) does any act or thing whatsoever calculated to stultify the provisions of this Law, or fails to comply with the requirements of any order made by a Court, shall be guilty of an offence and liable on summary conviction to a fine of two hundred naira or imprisonment for three months or both. (3) The Court shall have the power to punish for contempt in the face of the tribunal but it may in other cases, order the arrest of and bring before it any person suspected of having committed contempt of the tribunal and such a person shall as soon as practicable be brought to trial before a Court. (4) Any person charged with contempt of a tribunal shall be liable on conviction to a fine of one hundred naira or to imprisonment for three months or both. (5) Any person who, in respect of any type of accommodation to which this Law applies, receives a loan or premium from the tenant which, in the opinion of the tribunal, contravenes the provisions of this Law especially in relation to advance payment of rent shall be guilty of an offence and shall be liable on summary conviction to a fine equal to twice the amounts so received as such loan or premium. (6) Any landlord who demands or receives from a tenant rent in excess of the standard rent or receives or demands rent in advance and in excess of- (a) in the case of an individual tenant, three months; or (b) in the case of commercial or institutional tenants, twelve months, shall be guilty of an offence and liable on conviction to a fine of one hundred naira and shall in addition refund to the tenant the amount of the excess of the rent received. (7) Any person who resists, molests, assaults or in any way obstructs any officer (or any other person) engaged in the service of any process or in execution of a warrant of possession, in carrying out an order of a tribunal shall be guilty of an offence against this Law and shall be liable on summary conviction to a fine of two hundred naira or to imprisonment for twelve months or to both such fine and imprisonment. (8) Any person who has been put out of possession under a warrant of possession, and unlawfully retakes possession of the premises after possession has been given to the landlord shall be guilty of an offence against this Law and shall be liable on summary conviction to a fine of two hundred naira or to imprisonment for twelve months or to both such fine and imprisonment. (9) It shall be unlawful for any landlord to obtain an order for possession of any accommodation under this Law by fraud, misrepresentation or concealment of any material fact. (10) Where any landlord has obtained an order for possession of any accommodation under this Law and the Court is satisfied upon an application made by summons by such tenant, that such order was obtained by fraud, misrepresentation or the concealment of any material fact, the Court shall order the landlord to pay reasonable compensation to such tenant. (11) Any person who contravenes any provision of this Law shall be guilty of an offence and shall on summary conviction, where no punishment is specifically provided, be liable to a fine of fifty naira or to imprisonment for one month.

39. Application to leases. This Law shall apply to leases.

40. Compulsory acquisition of premises. (1) Where the Court has found that any landlord has violated any of the provisions of this Law or any regulations or order made thereunder on two occasions, the Governor may on the recommendation of the Court acquire the interest of the landlord in the premises in relation to which the offences have been committed. (2) Where premises are compulsorily acquired pursuant to subsection (1) of this section, there, shall be paid such compensation as may be determined under the provisions of the Public Lands Acquisition Law. [Cap. P22.]

41. Repeal of No. 14 of 1970. (1) The Rent Control Law, 1970 is hereby repealed. (2) The Recovery of Premises Law is hereby repealed to the extent that it relates to accommodation in residential premises. (3) The provisions of the Magistrates Court Law to the extent that they relate to all actions between landlord and tenant in respect of residential accommodation are hereby repealed. [Cap. M1.]

42. Regulations. The Governor may make regulations providing for any matter for which provision appears to, him to be necessary for the purpose of giving effect to the provisions of this Law and in particular, without prejudice to the generality of the aforegoing, for all or any of the following matters- (i) the procedure on applications to and hearing by, the Court and the fixing of fees for the filing, service and hearing of applications; (ii) the manner in which rents may be paid to a landlord who refuses to accept any rent tendered to him; (iii) the forms to be used for the process and procedure of a tribunal; (iv) the amount of increase or reduction to be allowed by a Court in relation to repairs to premises according as the liability to make them is established before the appropriate tribunal; (v) the type and nature of repairs or fixtures in premises where the accommodation is and the amount to be allowed in computing a standard rent where the Court is satisfied that the repairs of fixtures, as the case may be, are necessary to make the premises reasonably fit for human habitation; (vi) the forms and records to be used or kept by a tribunal or as record of payment under any tenancy agreement; (vii) the imposition of penalties (other than for non-compliance with any order fixing standard rent); and (viii) such other matters coming before a tribunal as the Governor may deem fit. Schedule 1 RENT CONTROL AND RECOVERY OF RESIDENTIAL PREMISES LAW FORM A General Form of Title of Proceedings (For use in the Court) In the...................................................... Court IN THE DISTRICT/AREA CUSTOMARY COURT ..................................................................... SUIT No................................................................20............. BETWEEN........................................................................................................ Plaintiff and ...................................................................................................................................... Defendant FORM B Notice to Quit Signed by the Landlord Himself To C. D. SIR, I hereby give you notice to quit and deliver up possession of the (house, flat or room) and premises, with the appurtenances situate at ............................................. .................................................... in the town (or district) of ........................................................................................................................which you held of me as tenant thereof, on the .............................................. day of .......................................... 20............. (or at the expiration of your tenancy which shall expire next after the end of ........................................................ months from the service of this notice). DATED the ............................................. day of .......................................... 20............. ...................... Yours, etc. FORM C Notice to Quit, Given by an Agent or Legal Practitioner of the Landlord To C.D. SIR, I, hereby, as agent (Legal Practitioner) for (A.B.), your landlord, and on his behalf, give you notice to quit and deliver up possession of the (house, or flat or room) with the appurtenances, situate at .............:................................................................ in the town (or district) of.......................................................................... which you held of him as tenant thereof, on the ...................................................................... day of ............................................ next (or at the expiration of your tenancy which shall expire next after the end of .............................................................months from the service of this notice). DATED this ........................................... day of .......................................... 20.......... Signed ........................................................................................................................... Agent (or Legal Practitioner) for the above-named A.B. FORM D Notice by Landlord to Quit Lodgings To C.D. SIR, I hereby give you notice to quit and deliver up on .................................... the ................................ day of ............................... 20 .......... the rooms or apartments with the appurtenances in my house (..................................................................................) which you now hold of me. DATED this............................................day of........................................ ,20............. ......................... Signed A.B. FORM E Notice to Tenant of Owner's Intention to Apply to Recover Possession

To C.D. SIR, I.............................................................................(owner, or agent to ....................................................................................... the owner, as the case may be) do hereby give you notice, that unless peaceable possession of the premises (shortly described), situate at ................................................................ which were held of me (or of the said ..................................................................... as the case may be) under a tenancy from year to year (or as the case may be) which expired (or was determined by notice to quit from the said ...................................................... ), (or otherwise as the case may be) on the ................................................... day of ..................................... and which premises are now held over and detained from the said ................................................................be given to ........................................................................ the owner or agent) on or before the expiration of seven clear days from the service of this notice, I, ........................................... shall on ..................................... next the .................................................. day of ............................................. apply to the appropriate ............................................................................ Court for a summons to eject any person therefrom. DATED this............................................day of........................................... 20............. Signed .................................... Owner or Agent FORM F Writ or Plaint against Tenant or Person Refusing to Deliver up Possession (Appropriate General Title -Form A) The plaintiff is entitled to the possession of premises (describe shortly) situate at ........................................................................................................ which were let by the plaintiff to the defendant for ............................................................................... under the rent of N ........................................... which said tenancy expired (or was determined by notice to quit, given by the plaintiff . .................................................................... as the case may be) on the .................................... day of .......................... 20............... and on the ............................ day of ......................................... 20 ............... and on the .....................................day of .................................... 20 ............. The plaintiff did serve on the defendant....................................................... a notice in writing of his intention to apply to recover possession of the said premises (a duplicate of which notice is hereto annexed), by (describe the mode in which the service was effected), and that notwithstanding the said notice the said defendant refused (or neglected) to deliver up possession of the said premises, and still detains same. The plaintiff claims possession and N.................................................... k for arrears of rent and N................................ k for mesne profits; or, The plaintiff claims possession and N ............................................. for arrears of rent and mesne profits at the rate of N.................................... per ............................................. being at the rate of the rent of the said premises, from the......................................... day of ...................................... 20 ............................... until possession is given up; or The Plaintiff claims possession and N........................................... for arrears of rent and mesne profits from the...... .......................................... day of ....................................

20........................ until possession is given up. Signed ....................... FORM G Summons for Recovery of Possession of Tenements (Appropriate General Title - Form A) You are hereby summoned to appear before the District/Area Customary Court ................................. town or place at on the........................................... day of ....................................... 20.............. at the hour of ......................................... in the ................................ noon, to answer the plaintiff's claim to recover possession of situate at ............................................ within the jurisdiction of this tribunal on the ground stated in the particulars of claim hereto annexed, and also to recover the sum of N........................k mentioned in the said particulars. N K If you, dispute the claim or have a counterclaim Claim fee for plaint you should, within.............................days after the Legal practitioner's service of this summons on you, inclusive of the day of service, send to the Registrar a defence or counterclaim for which the form below may be used. If you dispute only part of the money claimed, you may pay into the district office of the Rent Tribunal the amount admitted ..................... If you admit the whole or part of the claim and desire time for payment or giving possession you should, within the said.......................................... days, send to the Registrar an admission for which the form below may be used. Total amount of claim and costs Sending the form to the Registrar does not relieve you from appearing at the tribunal on the day named, but delay in sending a defence or admission or in giving possession or in paying into the tribunal, may add to the costs. To the defendant: .................................................................................................................................. DATED this............................................day of............................................ 20............ ........................................ Officer issuing Summons Take notice that if you hold the abovementioned premises as the tenant, of any person other than the plaintiff you must give notice to that person, or to his agent, of this summons immediately it comes to your knowledge. If you fail to do so you will be liable to forfeit three years' rent of the premises to him. I dispute the plaintiffs claim because (state facts relied on in support of defence) or I admit the plaintiff's title and his right in immediate possession and offer to give possession on the .............................. day of ............................................ 20........... I admit the claim for ..................................... or (I admit N ............................ part thereof) and I ask leave to pay same, with the costs on that amount, on the......................................................day of ............................. 20 ............. or by instalments of N ....................... because ................................. or I have a counterclaim against the plaintiff for N ........................... to be signed here: .................................. Defendant Address to which notices to be sent: FORM H Appointment of Appraisers (Appropriate General Title - Form A) Upon hearing the plaintiff and the defendant herein it is ordered that E.F., of............................... (or, E.F., of ................................................ and G.H., of ..............................................) do enter upon the premises at ................................ in the town (or district) of ..................................................lately in the occupation of the plaintiff and do estimate the present value of (here set out and describe sufficiently for identification the things claimed by the plaintiff as improvements) and do report to the tribunal in writing thereon, on or before the......................... day of ...........................20............. AND IT IS FURTHER ORDERED that the plaintiff (or the defendant, or the plaintiff and the defendant, or as the case may be) do pay to the said E.F., (and G.H.) (here set out the terms of remuneration to be made to the appraisers). GIVEN under my hand this........................................ day of.....................................

20............. (SIGNED) ................................. Court President FORM I Report of Appraisers (Appropriate General Title-Form A) I, (We) E.F. of................................................ (and G.H., of...................................................) the appraisers) appointed herein, under any order dated the..............................day at........................, 20 ..................... having viewed the premises mentioned in the order aforesaid do appraise and value same at the sum of N .................................. as hereinafter detailed, viz. As witness my (our) hand(s) ............................ this .......................... day of ............................... 20............. Signed ..................... E. F. ...................... .............................. G. H. ..................... FORM J Judgment for Plaintiff in Action for Recovery of Premises (Appropriate General Title - Form A) IT IS ADJUDGED that the plaintiff recover against the defendant possession of the premises mentioned in the particulars of claim annexed to the summons in this action, that is to say (here describe the property as set out in the particulars). AND/OR, IT IS (FURTHER) ADJUDGED that the plaintiff recover from the defendant N ..................... k for rent and mesne profits from the ............................ day of .............................. 20 .................. up to the date hereof and further mesne profits at the same time of obtaining possession. AND IT IS ORDERED that the defendant do give the plaintiff possession of the said premises on the ....................................... day of ............................ 20.......... AND/OR, IT IS (FURTHER) ORDERED THAT the defendant do pay to the Registrar of this Court the total sum above-mentioned, on or before the ........................ day of ..................... 20.............. or by instalments of N......................... k for every................................ the first instalment to be paid on the ..................................... of ............................. day ........................ 20 ............. (or as may be ordered). AND/OR, IT IS (FURTHER) ORDERED that the defendant do pay to the Registrar of this Court the sum of N....................k being arrears of rent and for mesne profits to the date hereof on or before the........................................... day of.............................. 20.......... and that the defendant do further pay to the Registrar of this Court mesne profits at the rate of N ............ k per..................... from the date hereof to the date on which possession of the premises is delivered up within fourteen (or as may be) days of the date of delivery of the said premises. TAKE NOTICE THAT if possession be not given and payment made as above, ordered, a warrant or warrants may be issued requiring an officer of the tribunal to give possession of the said house to the plaintiff, and to levy the sum of N ............................k above- mentioned together with further costs. FORM K Judgment in an Action for Recovery of Premises for Plaintiff where Title has Expired Before the Return Day (Appropriate General Title - Form A) IT IS ADJUDGED that the plaintiff was on the ............................................. day of ............................................ 20.............. and thence until and at the time of the entry of the plaint and of the service of the summons, in this action entitled to recover against the defendant possession of the property mentioned in the particulars annexed to the summons in this action, that is to say (here describe the property as set out in the particulars) but his title to same has since that time and before this day expired. AND IT IS FURTHER ADJUDGED that the plaintiff do recover against the defendant the sum of N .................... k for costs. AND IT IS ORDERED that the defendant do pay the said sum to the Registrar of this Court on the ................................ day of ..................................... 20............ FORM L Judgment for Plaintiff in Action for Recovery of Premises for Non-Payment of Rent

(Appropriate General Title - Form A) IT IS ADJUDGED THAT the plaintiff is entitled to recover against the defendant possession of the premises mentioned in the particulars annexed to the summons in this action, that is to say (here describe the premises as set out in the particulars) the rent of the said premises amounting to N ..........................k being in arrears and the plaintiff having a right of re-entry in respect thereof. AND IT IS ADJUDGED that the plaintiff do recover against the defendant the sum of N............. k for the arrears of rent aforesaid and the sum of N ...................... k for costs amounting together to the sum of N ...................... k. AND IT IS ORDERED that the defendant do pay the said sum of N .................... k to the Registrar of this Court on or before the............................................... day of............................... 20............. (a date not less than four weeks from the date of the order). AND IT IS ORDERED that the defendant do give to the plaintiff possession of the said................................. on or before the said ............................... day of ................................. 20 ............. unless the said rent in arrears and costs be paid into the office of the tribunal before such ................................. day of ........................ 20 .................. TAKE NOTICE that if you do not pay the said rent and cost, or give such possession, a warrant or warrants may be issued requiring the bailiff of the tribunal to give possession of the said premises to the plaintiff, and to levy the sum of N............... k above-mentioned, together with further costs. FORM M Judgment for Defendant in Action for Recovery of Premises (Appropriate General Title - Form A) IT IS ADJUDGED that the plaintiff is not entitled to recover possession of the ........................... mentioned in the particulars annexed to the summons in this action, that is to say (describe the premises as set out in the particulars). AND IT IS ADJUDGED that judgment be entered for the defendant, and that the defendant do recover against the plaintiff the sum of N ........................ k for costs. AND IT IS ORDERED that the plaintiff do pay the same to the Registrar of this Court on or before the .............................. day of .................................... 20 ........... FORM N Warrant for Possession of Premises (Appropriate General Title - Form A) WHEREAS at a Court held on the.................................... day of......................., 20 ................... it was adjudged that the plaintiff was entitled to possession of the premises mentioned in the particulars annexed to the summons in this action, that is to say (describe the premises as set out in the particulars), and it was ordered that the defendant should give the plaintiff possession of the said ...................................................................................................... amounting to N.......................... k were paid into the ................................................... Court on or before the .................................... day of ..................................... 20............ (AND IT WAS ADJUDGED that the plaintiff should recover against the defendant the sum of N............. k for rent and mesne profits and N .................... k for costs, making together the sum of N ............... k and it was ordered that the defendant pay the last mentioned sum to the Registrar of this tribunal on the ................................day of...................................... 20 ................ (or by instalments of N ........................... k for every .....................................). AND WHEREAS the defendant has not obeyed the said order: These are therefore to authorize and require you forthwith to give possession of the said premises to the plaintiff. And these are therefore to require and order you forthwith to make and levy the amount due to the plaintiff under the said judgment (or order) together with the costs of this warrant and the costs of executing same, by distress and sale of the goods and chattels of the defendant (if there are more defendants than one, name the defendant against whose goods the execution is issued) wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him and his family and the tools and implements of his trade to the value of ten naira) and also by seizing and taking any money, bank notes, cheques, bills of exchange, promisory notes, bonds or other securities for money belonging to the defendant which may there be found, or such part or so much thereof as may tie sufficient to satisfy this execution, and to bring what you shall have so levied into the tribunal and to make return of what you have done under this warrant immediately upon the execution thereof. DATED this................................................ day of..................................20........ ............................. Court President To (Officer of the tribunal) (Rent and Mesne Profits) Costs........................................................... Fee for issuing this warrant............................................................................................. Total amount to be levied with fees for execution of warrant as endorsed hereon. Application was made to the Registrar for this warrant at ............................................................ minutes past the hour of, ................................................ in the ........................................... noon of the day last above-mentioned. NOTICE the goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they are of a perishable nature or at the request of the defendant. FORM O Certificate of Execution of Warrant of Possession

(Appropriate General Title - Form A) I hereby certify that by virtue of the warrant of possession issued in this action and numbered ...................................... I did on the ......................... day of ...............................

20............. deliver full and peaceable possession to the plaintiff of the premises named therein, that is to say (copy description from warrant), as required by said warrant........................... DATED this.................................................. day of............................... 20............. Signed ................................ Person executing the warrant Schedule 2 RENT CONTROL AND RECOVERY OF RESIDENTIAL PREMISES LAW Possession or Ejectment without Proof of Alternative Accommodation The Court shall, for the purposes of section 27 of this Law, have the power to make or give an order of ejectment for the recovery, of possession of any premises to which this Law applies or for ejectment of a tenant therefrom without proof of suitable alternative accommodation (where the tribunal considers it reasonable so to do) if- (a) the rent lawfully due by virtue of this Law is in arrear for one month after it has become due; or (b) the tenant has been guilty of the breach of an express covenant or agreement of the tenancy; or (c) the tenant has given notice to quit in consequence whereof the landlord has contracted to sell or let the premises or has taken such other steps as a result of which he would be seriously prejudiced if he could not obtain possession; or (d) the premises are reasonably required for any purpose which is in the public interest; or (e) the tenant or any person residing or lodging with him or being his sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been used as a brothel, or has been convicted of using; the premises or allowing the premises to be used for an illegal purpose, or that the condition of the premises had deteriorated owing to acts of waste by, or the neglect or default or, the tenant or any such person, and where such person is. a sub-tenant or lodger, that the tenant has not taken such steps as he ought reasonably to have taken for the removal of such sub-tenant or lodger; or (f) the premises are so overcrowded as to be dangerous or injurious to the health of the inmates, and the Court is satisfied that the overcrowding could have been abated by the removal of any lodger or sub-tenant (not being a parent or child of the tenant) whom it would, having regard to all the circumstances of the case, including the question whether other accommodation is available for him, have been reasonable to remove, and that the tenant has not taken such steps as he ought reasonably to have taken for his removal; or (g) the premises are the subject of an abatement or similar notice issued by a public authority and compliance with the terms of such notice is only possible through the ejectment of the tenant: Provided however that the Court may impose a condition for return of the tenant when compliance has been made with the terms of such notice; or, (h) the premises require substantial repairs on account of which it is necessary for the tenant to vacate possession: Provided however that the Court may impose a condition for return of the tenant when the repairs are completed; or (i) the premises are reasonably required by the landlord for occupation for- (i) himself; or (ii) any son or daughter of his over eighteen years of age; or (iii) his father or mother: Provided that an order or judgment shall not be made or given on any ground specified in paragraph (i) of the aforegoing provisions of this Schedule if the Court is satisfied that having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be paused by granting the order or judgment than by refusing to grant it.