Lagos Residents Lament Weak Enforcement Of Tenancy Law
Lagos is Nigeria’s most populous state, with an annual population growth rate of approximately 3.2 percent. This surge, driven by urban migration and high birth rates, has made Lagos one of Africa’s fastest-growing cities.
According to the Global Cities Institute at the University of Toronto, Lagos is projected to reach a population of 32.6 million by 2050—making it the sixth-largest city in the world.
While a large population can be an asset, especially one with a skilled workforce, Lagos faces significant challenges as a result. Chief among them is the struggle to provide affordable housing. Despite efforts from both the government and the private sector, housing remains largely unaffordable for the average resident.
The housing deficit has created opportunities for landlords to exploit tenants. Rent increases are often arbitrary, and some landlords demand up to two years’ rent in advance—violating the Lagos State Tenancy Law of 2011.
This law regulates the relationship between landlords and tenants, defines tenancy agreements, and outlines procedures for recovering premises. However, enforcement remains weak.
Uncontrolled Rent Hikes
A resident, Yetunde, told THE WHISTLER that her rent for a self-contained apartment in Ikeja was increased from N700,000 to N900,000, a 29 per cent increase.
“It’s not something I planned for. It’s not like my salary has increased, yet the cost of living keeps rising. There’s no improvement in the apartment, but they still increased the rent,” she lamented.
She called on the government to regulate house rent to protect tenants from exploitation.
“If the government regulates house rent, it will protect tenants from being at the mercy of landlords,” she said.
In another case, Damilola Adebayo’s 71-year-old father was recently forced to relocate after his previous landlord sold the house he was renting. In the Agege area of the state, he was asked to pay N260,000 for a single room—not even a self-contained unit. Adebayo, though not the eldest child, had to contribute N120,000 to help his father secure the apartment.
Adebayo, who works in Ikeja but lives in Ibafo, Ogun State, also shared how two of his friends are struggling to raise N370,000 for a room. While acknowledging the financial burden of building and maintaining houses, he accused landlords of exploiting tenants.
“My father just moved to another house in Agege. He paid N260,000 just for one room, not self-contained,” Adebayo told THE WHISTLER. “I understand that building a house isn’t easy, but Lagos landlords should take it easy on tenants.”
Legal Loopholes Undermine Tenant Protection
The Lagos State Tenancy Law of 2011 is meant to provide safeguards for tenants, including the right to challenge arbitrary rent increases.
One of its key provisions, Section 37, is intended to protect tenants from arbitrary rent hikes. It allows tenants to challenge excessive rent increases in court by filing Form TL11—an official document used to dispute unjustified increments. The court then evaluates the proposed increase based on local rental trends, witness accounts, and specific property circumstances. If the court deems the hike unreasonable, it can adjust the rent accordingly. Additionally, the law prevents landlords from evicting tenants while such cases are under review.
Despite these protections, the law contains notable loopholes that landlords can exploit. For example, Section 37 does not establish a clear rent control mechanism, leaving room for broad interpretation. Moreover, several sections either exclude certain areas or fail to clearly define landlords’ obligations.
A key example is Section 1(3), which exempts high-value locations such as Ikoyi, Ikeja GRA, Victoria Island, and Apapa from the law’s provisions.
In these areas, landlords have the liberty to impose significant rent increases without regulatory oversight. Tenants unable to meet these demands can face eviction, regardless of how high the increase may be, even if it doubles the previous rate.
According to the law: “This Law shall not apply to- (a) Residential premises owned or operated by an educational institution for its staff and students; (b) Residential premises provided for emergency shelter; (c) Residential premises- (i) In a care or hospice facility; (ii) In a public or private hospital or a mental health facility: and (d) that is made available in the course of providing rehabilitative or therapeutic treatment.
“The following areas: (i) Apapa: (ii) Ikeja GRA.; (iii) Ikoyi; and (iv) Victoria Island.”
These exemptions limit the law’s effectiveness and leave many tenants in upscale areas vulnerable to unchecked rent increases and possible evictions.
Penalties For Overcharging Rent
The law recognizes only monthly tenancy, quarterly tenancy, half-yearly tenancy, and yearly tenancy.
However, under Section 4 (1–5), the punishment upon conviction for a landlord or agent who demands or receives from a sitting tenant rent in excess of six months for a monthly tenant and one year for a yearly tenant is just a fine of N100,000. The same punishment applies to a sitting tenant who offers or pays rent in excess of one year for a yearly tenancy or six months for a monthly tenancy in respect of any premises.
Under the law, it is also unlawful for a landlord or agent to demand or receive from a new or prospective tenant rent in excess of one year in respect of any premises. This equally applies to a new or prospective tenant who offers or pays rent exceeding one year.
Section 4 provides as follows: “4.-(1) It shall be unlawful for a landlord or his agent to demand or receive from a sitting tenant rent in excess of six (6) months from a monthly tenant and one (1) year from a yearly tenant in respect of any premises without prejudice to the nature of tenancy held at the commencement of the tenancy.
“(2) It shall be unlawful for a sitting tenant to offer or pay rent in excess of one (1) year for a yearly tenant and six (6) months for a monthly tenant in respect of any premises.
“(3) 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 one (1) year in respect of any premises.
“(4) It shall be unlawful for a new or would be tenant to offer or pay rent in excess of one (1) year in respect of any premises.
“(5) Any person who receives or pays rent in excess of what is prescribed in this Section shall be guilty of an offence and shall be liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to three (3) months imprisonment.”
In April, the Lagos State House of Assembly called on the Attorney-General and Commissioner for Justice, Mr. Lawal Pedro, SAN, to ensure the full enforcement of the Tenancy Law.
The House also urged the Commissioner for Information and Strategy, Mr. Gbenga Omotoso, to intensify public awareness campaigns to educate residents about the provisions of the law. Lawmakers noted that the move is part of ongoing efforts to tackle the persistent issue of arbitrary rent hikes by landlords across the state.
“Many people earning the minimum wage can no longer afford a room in Lagos,” lamented Hon. Aro Moshood, member representing Ikorodu Constituency II.
A bill for a new tenancy law is currently before the House and yet to be passed into law.
Monthly Rent Payment Initiative
At a recent press briefing, the state Commissioner for Housing, Mr. Moruf Akinderu-Fatai, announced the government’s plan to introduce monthly and quarterly rent payment options. This initiative aims to ease the financial burden on residents, particularly low-income earners.
Akinderu-Fatai explained that the proposed policy is part of the state’s broader efforts to improve housing accessibility and affordability. He acknowledged that many residents struggle with lump-sum annual rent payments, and the new system is designed to offer some relief.
“We believe that monthly or quarterly payment options will give people more breathing space and reduce the stress associated with sourcing lump sums,” he said.
The commissioner added that the state government is currently engaging landlords, property developers, and other stakeholders to address potential implementation challenges, including rent enforcement and payment tracking.
“Of course, there are issues to resolve — things like landlord cooperation, payment tracking, and enforcement. But discussions are ongoing, and we are listening to all sides,” he noted.
Akinderu-Fatai also revealed that a pilot phase of the initiative is underway and will be launched in select parts of the state.
“This is not just policy on paper. We are making real progress. We know what this means for many families, and we are determined to make it happen,” he affirmed.
Welcoming the move, the Vice Chairman of the Association of Property Investment and Commission Agency of Nigeria (APICAN), Ogba Branch, Chief Dozie Ebikam, stated that it aligns with practices in developed countries. According to him, the monthly rental system will ease financial burdens for Lagosians and encourage better financial management.
“Lagos prides itself as a megacity. In most developed cities, that’s how it’s operated. In the U.S., you pay monthly. Even in South Africa, they pay their rent on a monthly basis,” he noted.
However, two landlords: Adeniyi Adenekan and Suraj Ogundijo, opposed the monthly rent payment policy, arguing that it would not be effective due to the financial pressure it could place on tenants.
Also, Opeoluwa Ogunbajo, an employee at a private firm, expressed her opposition to the monthly tenancy model. She prefers annual rent payments, citing financial stability and cost-effectiveness as key reasons.
“I prefer yearly rent because it often comes with discounts, helping me save money,” she explained. “It also provides financial stability through fixed housing costs.”
Another resident, Chinonso Eze, expressed support for the idea of monthly tenancy if implemented. However, she also acknowledged a potential disadvantage, noting that it could place tenants under unnecessary pressure.
“A monthly rent payment system is not a bad idea if it’s well implemented,” Eze told THE WHISTLER. “However, it might put tenants under undue pressure.”
“For me, I would prefer paying for at least six months at a time. That way, I can have some breathing space and focus on other things. Thinking about house rent every month would be exhausting.”
Meanwhile, the Special Adviser to the Governor on Housing, Barr. Barakat Odunuga-Bakare, has stated that the stipulated tenancy agreement fees within the state is 10 percent of the annual rent.
Odunuga-Bakare noted that that any landlord or agent found demanding or collecting more than 10 per cent of the annual rent as agreement or legal fees is in direct violation of the state’s tenancy regulations.
“We have been overwhelmed by reports of the activities of these unscrupulous elements making life hard for Lagosians with agreements and commissions that is like asking for an arm and a leg. We are calling on members of the public not to keep silent but to report such agents and landlords to us for the government cannot be everywhere, every time,” she said.
Govt Efforts On Closing Housing Deficit
In June 2024, Governor Babajide Sanwo-Olu, inaugurated 270 units of two-bedroom flats at the Egan-Igando Mixed Housing Estate in Igando-Ikotun Local Council Development Area (LCDA) of the state.
The project is Cluster One of the proposed 101 blocks of 846 home units made up of one, two and three-bedroom apartments on a land area spanning 17.358 hectares.
Sanwo-Olu promised to complete the remaining 576 home units in Clusters Two and Three of the Egan-Igando Mixed Housing Estate for more residents to benefit.
He noted that his government is ready to partner with the private sector to build more affordable housing estates in the state.
He said: “The completion of this project will address the urgent need for affordable housing and also foster a sense of community and belonging among our residents. This project is designed to cater to diverse economic groups, reflecting a vision of an inclusive society where everyone has a home.
“We must innovate and partner with private investors to bridge the gap, which we cannot do alone. We need to enhance our public and private investments in housing. We must continue to build decent homes. I will like to appeal to future occupants to please ensure good maintenance of these facilities.”
Speaking in December last year, Sanwo-Olu said his administration has delivered 21 housing estates across low, medium, and premium categories, providing homes to thousands of Lagosians. He acknowledged that while these achievements are commendable, his government recognises that much more needs to be done.
Lagos has an estimated population of 25 million, and with over 500,000 people migrating into the city annually, its housing shortfall remains critical. Of Nigeria’s estimated 28 million housing deficit as of 2023, Lagos alone accounted for 17 million.
Lagos Residents Lament Weak Enforcement Of Tenancy Law is first published on The Whistler Newspaper
