Nathaniel Zacchaeus
The Senate bill seeking to end annual advanced rent payment in Abuja has prescribed a six months jail term for any landlord or agent who demolishes, alters,s or modifies a building with a view to ejecting a tenant without the approval of the Court.
The proposed law in Section 44 (iii) states that “Any person who wilfully damages any premises shall be guilty of an offense and is liable to a fine not exceeding N250,000.00 or a maximum of six.
The proposed legislation, obtained by our correspondent in Abuja, was sponsored by Senator Smart Adeyemi, and it passed the second reading on the floor of the Senate last week.
It, however, gave offenders in Section 4, an option to pay a fine of N1m.
It sought to stop landlords in the Federal Capital Territory from demanding yearly advance rent payments from tenants.
The proposed legislation is titled, “A bill for an Act to regulate the mode of payment of rent on residential apartments, office spaces, etc in the FCT and for other matters connected therewith”
The bill was aimed at ending the practice whereby landlords demand an upward yearly advance rent payment from tenants.
The bill in Section 4 made it an offense for any landlord to demand from a fresh tenant, rent in excess of three months.
It also barred the tenant from offering to pay rent in excess of three months, in case he or she is securing the use of the apartment for the first time.
Section 4 (1) specifically read, “It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant, rent in excess of three months at the commencement of the tenancy.
Section 4 (2) states that “ It shall be unlawful for a sitting tenant to offer or pay rent in excess of three months in respect of any premises.
Section 4 (3) states, “ It shall be unlawful for a landlord or his agent to demand or receive from a new or would-be tenant, rent in excess of three months in respect of any premises.
Section 4 (4) “It shall be unlawful for a new or would-be tenant to offer or pay rent in excess of three months in respect of any premises
Section 4 (5) “Any person who receives or pays rent in excess of what is prescribed in this section shall be guilty of an offense and shall be liable on conviction to a fine of N1m or to three months imprisonment.”
The bill also made it compulsory for landlords to issue rent receipts to their tenants upon payment of the amount prescribed in the proposed legislation.
Such receipt, according to the bill shall contain information like the date which rent was paid, names and addresses of both the landlord and the tenant.
It shall also include description and location of the premises, amount of rent paid, and period to which the payment relates.
The bill prescribes some rights and privileges to the tenant including, entitlement to quiet and peaceable enjoyment of the premises, especially privacy, and freedom from unreasonable disturbance.
The proposed law also made it compulsory for the landlord to keep the premises insured against loss or damage and must not seize any item or property of the tenant or interfere with the tenant’s access to his personal property.
In case of termination of the agreement, the bill prescribes a one-month notice to a tenant paying rents on monthly basis and three months notice for a tenant paying on a quarterly basis.
It also stipulates that the tenant must be served personally in such a manner that it can be established to the satisfaction of the court that the person to be served has full knowledge of any of the notices.
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The bill forbade arbitrary increases in rent and gave the courts, powers to determine reasonable rent increments.
The bill gives exclusive jurisdictions to the magistrate courts to try rent cases but that either of the two parties could appeal to the High Courts.
