YOUR RIGHTS AS A TENANT: WHAT THE RECOVERY OF PREMISES ACT SAYS

By Kayode Ololade Ajileye, Esq.

Principal Partner, Kayode Ololade Ajileye & Co Legal Practitioners

For Bwari Times

Know your right as a tenant. As a legal practitioner practicing in the Federal Capital Territory, I am constantly approached by tenants in Bwari and across Nigeria who are unsure of their rights. Many suffer unlawful evictions, arbitrary rent increases, and intimidation simply because they do not know what the law says. This article is written to enlighten all Nigerians, especially residents of Bwari, on your basic rights as a tenant under the “Recovery of Premises Act, Cap R21 Laws of the Federation of Nigeria 2004”, and other relevant laws. 

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WHAT IS THE RECOVERY OF PREMISES ACT? 

The Recovery of Premises Act is the principal law that governs the recovery of possession of premises in the Federal Capital Territory, Abuja. Several states have enacted similar laws. The purpose of the Act is to protect both landlords and tenants, and to ensure that disputes are resolved through due process of law, not by force or intimidation. 

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SIX KEY RIGHTS OF A TENANT UNDER THE ACT

1. Right to Proper Written Notice to Quit: A landlord cannot just wake up and eject you. The law mandates written notices before possession can be recovered: 

• Monthly Tenancy: 1 month notice 
• Quarterly Tenancy: 3 months notice 
• Yearly Tenancy: 6 months notice
  The notice must be in writing, state the ground for recovery, and the date you are expected to vacate.

2. Right to Due Process: After the notice expires and you have not vacated, the landlord cannot use self-help. No changing of locks, no disconnection of utilities, no use of thugs. The landlord must go to court and obtain a court order for possession. Self-help eviction is illegal. 

3. Right to 7 Days Notice of Owner’s Intention to Apply for Possession: Before filing a case in court, the landlord must serve you a further 7 days notice of his intention to apply to court. This gives you time to seek legal advice and prepare your defence. 

4. Right to Fair Hearing in Court: Once in court, you have the constitutional right to be heard. The court will examine whether the notices were properly served and whether the landlord has valid grounds for recovery under the Act, such as rent arrears or breach of covenant. 

5. Protection Against Arbitrary Rent Increase: While the Act does not directly fix rent, it recognizes your tenancy agreement. Any increase must comply with the terms of that agreement and proper notice must be given. Arbitrary and unconscionable increases can be challenged. 

6. Right to Habitable Premises: Implied in every tenancy is the landlord’s duty to provide premises that are fit for human habitation. A landlord cannot rent you a dangerous or collapsing building. 

Tenant and landlord relationships in Abuja (Federal Capital Territory) are primarily governed by the Recovery of Premises Act (Cap 544, LFN 1990) and general principles of contract and common law.

WHAT A LANDLORD CANNOT LEGALLY DO

Under the law, it is unlawful for a landlord to: 

1. Disconnect electricity, water, or other essential services to force you out 
2. Padlock the premises or seize your property 
3. Assault, threaten, or harass you or members of your household 
4. Enter the premises without your consent except as allowed by law 

These acts are not only civil wrongs but can also be criminal. You can report to the police and sue for damages. 

WHAT EVERY TENANT SHOULD DO 

1. Insist on a Written Tenancy Agreement: It is your first line of defence. 
2. Pay Rent Through Traceable Means: Bank transfer, POS, and always collect receipts.
3. Do Not Ignore Notices: Once you receive a “Notice to Quit”, read it carefully and consult a lawyer immediately. 
4. Document Everything: If there is harassment, take photos, videos, and keep witnesses.
5. Know the Law: The Recovery of Premises Act exists to protect you. Use it. 

CONCLUSION: Tenancy should be a mutually beneficial relationship built on respect for the law. The Recovery of Premises Act balances the landlord’s right to recover his property with the tenant’s right to dignity and due process. 

As Bwari continues to experience rapid growth, and as rent pressures affect all Nigerians, let us commit to resolving tenancy issues the right way: through the law. 

For legal advice or general consultation on tenancy matters, recovery of premises, and landlord-tenant disputes, contact: Kayode Ololade Ajileye & Co Legal Practitioners.

Tel: 09050416480, 09121679944 | Email: ajileye007@gmail.com

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