Misbehavior of Lagos Landlords and Legal Recourse under the Covenant for Quiet Enjoyment

The Covenant for Quiet Enjoyment is a fundamental principle in lease agreements, ensuring tenants can use and enjoy the leased property without undue interference. In Lagos, as in many jurisdictions, this covenant is enshrined in law and protects tenants from various forms of landlord misbehavior. Understanding this covenant and how to deal with violations legally is crucial for tenants facing harassment or interference.

At common law, every lease includes an implied covenant for quiet enjoyment. This covenant assures that tenants will be put into possession of the leased premises and will enjoy them without substantial interference from the landlord or anyone claiming through the landlord. Importantly, "quiet" in this context does not merely mean the absence of noise but refers to the uninterrupted use and enjoyment of the property.

The Tenancy Law of Lagos State 2011 codifies this covenant, extending specific protections to tenants. According to Section 6 of the Tenancy Law, tenants are entitled to:
Privacy: The right to use the premises without undue intrusion.
Freedom from Unreasonable Disturbance: Protection against actions by the landlord or their agents that significantly disrupt the tenant's use of the property.

Examples of Breach of Quiet Enjoyment
Breaches of the covenant for quiet enjoyment can take various forms, including:
Physical Interference: Actions such as removing doors, windows, or the roof of the building (as seen in Lavender v Betts), which can disrupt the tenant's use of the premises and may also constitute trespass.
Utility Interference: Cutting off essential services like water or electricity to force the tenant out.
Harassment and Intimidation: Persistent behaviors aimed at making the tenant's stay uncomfortable or untenable.

Legal Recourse for Tenants
When a landlord violates the covenant for quiet enjoyment, tenants have several legal remedies:
1. Damages: Tenants can seek compensation for any losses suffered due to the landlord's interference. Cases such as Jones v Lavington demonstrate that courts can award damages where substantial disturbance or interference by the landlord is proven.
2. Injunctions: Tenants can request a court order to prevent the landlord from continuing their disruptive actions.
3. Trespass Claims: If the landlord's actions involve unlawful entry or interference with the property, tenants can pursue claims of trespass in addition to breach of the covenant for quiet enjoyment.

Notable Case Law
Mogaji v. Cadbury Nigeria Ltd (1985) 2 NWLR (Pt. 7) 393
This case dealt with the rights of a tenant regarding peaceful enjoyment of premises. The court affirmed that tenants are entitled to peaceful enjoyment of their leased property without undue interference from landlords or third parties claiming through the landlords.

-Oyenuga v. Provisional Council of the University of Lagos (1968) NCLR 72
In this case, the court addressed issues related to tenancy agreements and the rights of tenants to quiet enjoyment of the premises. It reinforced that landlords cannot disrupt the tenant's peaceful enjoyment of the property.

-African Petroleum Ltd v. Owodunni (1991) 8 NWLR (Pt. 210) 391

-Nigerian Ports Authority v. Construzioni Generali Farsura Cogefar Spa & Anor (1974) All NLR 945
This case touched on the legal expectations of landlords and tenants in lease agreements. The court highlighted that any disturbance or interference with the tenant's enjoyment of the premises constitutes a breach of the lease agreement, thereby entitling the tenant to remedies.

-Iyeke v. Petroleum Training Institute & Anor (2005) 6 NWLR (Pt. 921) 393
This case discussed the legal principles surrounding the breach of tenancy agreements and the right to quiet enjoyment. The court ruled in favor of the tenant, awarding damages for the landlord's breach of the covenant for quiet enjoyment.


Practical Steps for Tenants
Tenants facing misbehavior from their landlords should:
1. Document Everything: Keep detailed records of all instances of interference, including dates, times, and the nature of the disruptions.
2. Communicate with the Landlord: Attempt to resolve the issue through direct communication, documenting all correspondence.
3. Seek Legal Advice: Consult with a lawyer specializing in tenancy law to understand the full extent of legal protections and possible actions.
4. File a Complaint: If necessary, file a formal complaint with the appropriate legal or regulatory body to initiate legal proceedings.

Understanding the Covenant for Quiet Enjoyment and the protections provided under Lagos State law empowers tenants to safeguard their rights and take appropriate action against landlord misbehavior. By leveraging these legal provisions, tenants can ensure a peaceful and undisturbed occupancy of their rented premises.

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