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2:16 PM

Fashola okays new tenancy, parks laws

Tenants no longer to pay commissions




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LAGOS State Governor Babatunde Raji Fashola yesterday finally signed the new tenancy bill into law and appealed to all stakeholders for cooperation in its implementation.
Giving his accent to the bill, which had undergone an intense debate at the State House of  Assembly during  the drafting stage, which culminated in a public  hearing, Fashola described landlords as privileged members of the society, while tenants were under-privileged. He stressed that in any society  "the privileged ones take care of the under-privileged for continuous harmony in the society".
The bill, was one of the two bills brought forward for the governor's assent. The other is the Lagos Parks and Gardens Law, which seeks to protect public gardens and parks within the state.
The controversy that has for a long time been trailing the tenancy bill has pitted many property owners against  the Fashola government because of the alleged belief that it erroneously stripped them of the stronghold they  previously held over their tenants.
The Attorney General and Commissioner for Justice, Mr. Ade Ipaye explained that it had become an offence for any landlord/property owner to collect more than six months rent from monthly tenants and one year from yearly tenants.
The new law forbids an accommodation seeker  from paying for the services of estate agents or lawyers hired by the landlord as well as protects the tenants from unjust eviction from  premises.
However, Fashola said the parks and gardens law was an extension of the state's environmental policies and a part of preventive health policy. Consequently, every July 14 has been declared as tree planting day in the state, even as Parks and Gardens Agency was established.
The agency consists of five members from members of the public for four years renewable once. It will also have representatives from the local government areas where the park and gardens are situated. The agency is tasked with the responsibility of providing security for the
parks and tag all trees therein. The agency may also take over any land in the state for the purpose of public park and garden.
According to Section 22 of the Park and Garden Law, it is now an offence to cut any tree in the state without the permission of the agency and it is  equally an offence to walk, loiter and deface lawns and other facilities in the park.
But the tenancy law, which regulates the rights and obligations of both tenants and landlords also stipulates the recovery of premises with the defaulters paying the fine of N100,000 with the option of three months jail term.
The law made  it  mandatory for all landlords in the state to issue receipts for money collected from their tenants.
The law, however, exempted property in Apapa, Ikeja GRA, Ikoyi, Victoria Island and property owned by educational institutions.


"Governor can exercise an executive order to extend the exemption to other areas of the state," Ipaye stated.
While the landlords now have the constitutional right to eject their monthly tenants within two weeks of anniversary and seven days ultimatum for fixed tenants, the tenancy shall however automatically lapse when the tenant defaults to pay rent for six months.
Admitting that the bill, during consideration generated a lot of heat from all quarters including a series of unguarded debates and discussions in the media, Fashola noted that: "The law speaks to the problem of the day; it seeks to address the recent challenge especially as the state continues to explode in population.
"It is important that the public know that we executive and the legislature too are to be affected by this law because many of us are property owners; I want to believe that this is a bill that demonstrates what all Lagosians want; we are a government of methods, when we see  a certain problem, we get to the challenge."


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