Abstract
The study examine the effect of landlord and tenant relationship on
resident, and how to Maintaining healthy
landlord-tenant relationship in a residential property is a pre-requisite for
societal advancement and growth, the study
has the following objectives, To examine the extent in which landlord
and tenant relationship could improve residential properties in Ife to Akwa
Ibom, To examine factors that has militated against cordial relationship
between landlord and tenants, To propose ways of improving landlord and tenant
relationship as to better residential property ,Concerning methodology the
study cited the population of the study
area with the sampling techniques used in ascertain the sampling size for this
research work. It also explained the mode of data collection and analysis; Questionnaires
were used to sample people’s opinion while carrying out the survey. The
researcher discarded the secondary data designs so as to get new, accurate
findings and data analysis on the subject matter. Base on fining the study has the sample size
of sixty (60), From the result and the conclusion of this study, the following
recommendations are made by the researcher ,Government should enact clear laws
guiding tenancy and tenancy related agreements to ensure good relationship
between landlords and tenants, Landlord should ensure that tenants understand
the agreements when applying or seeking to rent the residential apartments.
Table of content
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND TO THE STUDY
1.2
STATEMENT OF THE PROBLEM
1.3
OBJECTIVES OF THE STUDY
1.4
RESEARCH QUESTIONS
1.5
RESEARCH HYPOTHESIS
1.6
SIGNIFICANCE OF THE STUDY
1.7
SCOPE AND LIMITATION OF THE STUDY
1.8
DEFINITION OF TERMS
CHAPTER TWO
LITERATURE REVIEW
2.0 INTRODUCTION
2.1 Theoretical framework
Tenancy Agreement:
2.1.1 Responsibilities of the Tenant
and the Landlord
The tenant:
2.1.2 The Landlord's Covenants
2.1.3 Provided Always and It Is Hereby
Agreed as Follows
2.2 Property Management and the
Property Manager in Nigeria
2.4 Tenants
2.5 Landlord-Tenant Relationships and
the Tenancy Agreement
2.6 The Rental Housing in
Residential housing sector
2.7 Rental Arrangements
2.8 Policies Which Regulate Rental
Housing in African Cities
2.9 Challenges with Rental Housing
2.10 Tenancy Agreement as a Shield in
Nigeria
2.11 Grounds for Ejecting Tenants
Summary of Chapter
CHAPTER THREE
RESEARCH METHODOLOGY
3.0 INTRODUCTION
3.1 RESEARCH DESIGN
3.2 AREA OF STUDY
3.3 POPULATION OF THE STUDY
3.4 SAMPLE SIZE TECHNIQUE
3.5 DATA COLLECTION METHOD
3.6 VALIDITYAND
RELIABILITY OF THE RESEARCH INSTRUMENT
3.7 METHOD
OF DATA ANALYSIS
3.8 SCORING
OF THE RESEARCH INSTRUMENT
3.9 DECISION
RULE
CHAPTER
FOUR
ANALYSIS OF DATA AND PRESENTATION OF RESULTS
4.1: Gender
distribution
4.2: Occupational Distribution
CHAPTER FIVESUMMARY OF FINDINGS, CONCLUSION AND
RECOMMENDATION
5.1 SUMMARY
OF FINDING
5.2 CONCLUSION
5.3 RECOMMENDATION
BIBLIOGRAPHY
APPENDIX
QUESTIONNAIRE
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND TO THE STUDY
Maintaining
healthy landlord-tenant relationship in a residential property is a
pre-requisite for societal advancement and growth. Good tenant employee
relations back-up by a comprehensive tenancy agreement and timely payment of
rents are required for a cordial relationship to exist between the landlord and
to also boost tenant satisfaction. Tenant relations generally deal with
avoiding and resolving issues concerning residents living in a landed property.
These issues may relate to house rents, tenancy agreements, and may result in
conflicts if not properly managed (Salleh. 2008).
The
relationship of landlord and tenant may be defined as the relationship that
exists between parties to a lease. It usually arises when the owner of an
estate grants, usually by means of contract, the right to possession of his
land or part of it, to another person to hold for a specific period of time.
Such a grant is what is called a lease, demise or tenancy. The period granted
is the term or term of years.
This
relationship is one of tenure which means that it is for a period which is
either subject to definite limits. As a rule, the landlord confers on the
tenant the right to exclusive possession for a period which is subject to a
definite time limit, as in the cases of a lease for a term of years, or which
though indefinite can be made subject to a definite limit by either party as in
the case of a tenancy from year to year (Mohd, 2000).
The
relationship between tenants and landlords In Nigeria has reached a very
significant stage in the modern day society in Nigeria, thus there is a need to
know and review the effect of the relationship between the landlord and the
tenant on residential properties. Reviewing this, also, it is important for us
to know the position as it exists between tenant and landlord in residential
buildings prior to the legal evaluation of tenancy Law in Nigeria. More
importantly, it is also desirable for each party to know their right as
guaranteed under the various applicable laws on the subject matter. This will
ensure a peaceful co-existence between tenants and landlords in residential
buildings.
However,
this work focuses on the evolution and development of tenancy law in Nigeria,
with particular reference to the rent Control and Residential Premises Edict,
Law of Akwa Ibom State Nigeria 1994. The orientation of the course is strongly
practical to suit the relationships that co-exist between a tenant and landlord
in Nigeria. It will also examine the various perspective that relates to
tenancy such as standard rent payable by the tenants, the rent review clause,
option to review clause, rent book distress for rent, profit. Further the
course will also examine the compensation available for the use and occupation
of the demised premises by the tenant consequent upon the termination of his
tenancy. It will also examine security of tenure and grounds for possession as
contained under Schedule II of the rent control and
Recovery
of Residential Premises Edict, Laws of Ifite, Akwa Ibom State of Nigeria 1994.
A
lease establishes the relationship of landlord and tenant and is both a
conveyance of a possessory estate in real property and a contract between the
parties. Through the lease, the tenant receives a right to legal possession of
the property in exchange for "valuable consideration" (i.e., rent)
paid to the landlord. Most leases specify the duration of the agreement, any
terms for extending the agreement and details regarding rent payments. Because
a lease is both a conveyance and a contract, two sets of duties between the
landlord and tenant arise: those that exist in relation to residential property
laws, and those that arise due to the contractual promises of the lease.
Housing
codes were established to ensure that residential rental units were habitable
at the time of rental and during the tenancy. In Ifite, housing violation of
these rules may lead to eviction action or to the tenant being allowed to
withhold rent in some cases. The right to access of a residential property is
also ensured by warranties which are prescribed by common and/or statutory law.
A breach of the warranty of habitability or a covenant within the lease may
cause an eviction or allow the tenant to withhold rent.
So
long as these obligations are not met by either party, this could be breach on
this relationship that is binding by factors dependent on obligation to be
fulfilled by the landlord and the tenant on his property.
1.2 STATEMENT OF THE PROBLEM
The
management of public housing by many estate owners, landlords and caretakers in
most developing countries, including Nigeria is often bedeviled by poor
maintenance, high rentals and more often than not, tenants are unsatisfied with
their dwelling units. These factors plus poor or no tenancy agreements between
landlords and tenants contribute towards the general decline of public housing
(Hegedus & Mark, 2004).
Drafting
of a comprehensive tenancy agreement requires the services of a competent
lawyer, who will concisely spell out the duties and responsibilities of both
the landlord and the tenant is sometimes ignored by some landlords or not
drafted at all. In the absence of a comprehensive tenancy agreement, conflict
and soar relationship between the landlord and the tenant my arise, when one
party is not satisfied with the conduct of the other.
The
resultant derelict state of public housing sadly also incubates high vandalism
rates which in turn further contribute to the high maintenance cost of
residential properties. British researcher Sheena Wilson (1979) asserts that it
is often difficult to distinguish intentional forms of damage from wear and
tear, indifference, neglect and thoughtlessness in public housing estates.
Vandalism in such neighbourhoods therefore, is part of a spectrum of behaviour
which begins with very common forms of carelessness such as dropping litter,
and continues through a wide range of rough handling—bumping prams into glass
swing doors, taking short cuts through newly planted flower beds, for
example—to the stage where damage is deliberate: glass broken by stray objects
such as stones when children are playing, smashed fittings, and dismantled
fire-hoses. These are typical features in public housing owing to various
factors.
From
previous research works, it has become clear that non fulfilment of obligations
binding on relationships can have a drastic effect. For there to be a proper
conveyance of title or right to occupy in the case of a residential property by
a landlord to a tenant, there are obligations binding on both parties that must
be met (Basorun, 2012).
This
binding factor which is called ‘rent’ on the part of the tenant has a bigger
effect as to whether it will last long or not. On the part of the landlord is
the obligation to lease or withhold the property. Rent as a determinant in this
relationship can be a constraint due to a survey conducted in 2011 by Dele
Taiwo Associates an Estate Management firm with offices round Nigeria.
There
are challenges posed by these factors. Challenges such as eviction, withholding
of a right to legal habitation of the property in exchange for "valuable
consideration" (i.e., rent) paid to the landlord, has affected the
relationship between the landlord and the tenant for various reasons ranging
from non communication of position by the landlord in case of renovations or nonpayment
of rent as at when due by the tenant. Most tenants especially in residential
properties ignore their obligation to pay utility bills and other bills binding
on them by virtue of occupying the property. All these have played a huge role
in affecting the relationship between the landlord and the tenant especially in
Ifite.