CROSS RIVER – RENT CONTROL AND RECOVERY OF PREMISES LAW
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LAWS OF CROSS RIVER STATE
CHAPTER R3
RENT CONTROL AND RECOVERY OF PREMISES LAW
ARRANGEMENT OF SECTIONS
SECTION
- Maximum rent chargeable.
- Rent Control Courts.
- Constitution of Rent Control Court.
- Court to obtain expert opinion from Department of Lands.
- Agreed rent.
- Prescribed rent; avoidance of doubt.
- Prescribed rent for furnished accommodation.
- Practice and procedure of the Court.
- General jurisdiction of the Court.
- Procedure for assessing rent to be adopted by estate valuers.
- Repair liability between landlord and tenant.
- Transfer of liability; effect on rent.
- Improvement of accommodation by tenant.
- Sub-tenants deemed to be tenants of landlord.
- Length of notice.
- Giving of notice and expiry thereof.
- Tenant refusing or neglecting to give up possession.
- Institution of proceedings.
- Sub-tenant served with summons to recover possession must give notice to his immediate landlord.
- Court to make order for ejectment of tenant.
- Security of tenancy.
- Restriction on contracting out.
- Representation.
- Claim for arrears of rent and mesne profit.
- Hearing of summons.
- Warrant of possession may issue at any time.
- Limitation of order and judgments.
- Enforcement of order of Court.
- Form and purpose of warrant of possession.
- Warrant of possession to be in force for three months.
- Warrant of possession justifies entry on premises.
- Service of process.
- Distress for rent.
SECTION
- Rent book and receipts.
- Use of forms.
- Submission of returns.
- Protection of members of a Court.
- Courts to conform to the provisions of Law.
- Appeals.
- Cesser of jurisdiction.
- References in law to Rent Tribunals to read references to courts established under this Law.
- Saving of pending proceedings.
- Offences and penalties.
- Compulsory acquisition of premises.
- Appointment of a registrar.
- Control of registrar.
- Transfer of officers from one court to another.
- Duties of registrar.
- Rules Committee.
- Power of Rules Committee.
- Law to apply to all leases.
- Judgment to be delivered not later than two months of date of service of hearing notices.
- Periodic review of Schedule 2.
- Application.
- Interpretation.
- Repeal.
- Citation.
SCHEDULE 1
Zones
SCHEDULE 2
Prescribed rents
SCHEDULE 3
Grounds for awarding possession
SCHEDULE 4
Forms
SCHEDULE 5
Returns on Rent Control Court matters
CHAPTER R3
RENT CONTROL AND RECOVERY OF PREMISES LAW
A Law to provide for the control of rent for residential accommodation, for recovery of possession of such accommodation and for matters connected therewith.
(12th August, 1985)
[Commencement.]
- Maximum rent chargeable
Subject to the provisions of this Law rents chargeable for letting of residential accommodation described in Schedule 2 to this Law and existing in the zones referred to in the said Schedule shall not exceed the maximum prescribed in that Schedule.
[Schedule 2.]
- Rent Control Courts
(1) The Governor shall on the recommendation of the Chief Judge divide the State into zones for the purpose of control of rent or establishing Rent Control Courts (in this Law referred to as the “Court”) which shall perform the functions conferred by this Law.
(2) As soon as a court has been established, the Governor, or a person authorised by him, shall cause to the be published in the Gazette a notice of the establishment of such Court and the notice shall specify the name or names of the member or members of such Court.
- Constitution of Rent Control Court
The Court shall be an integral part of the Magistrates’ Court system and shall be presided over by a magistrate who shall be a qualified legal practitioner and shall have been so qualified for at least three years before the appointment.
- Court to obtain expert opinion from Department of Lands
Where a Court is in any doubt as to any question of value on any matter before it and the Court is satisfied that it is necessary for the determination of any such matter, the Court shall obtain expert opinion on such matter from the Department of Lands.
- Agreed rent
(1) It shall be unlawful for a landlord to accept an agreed rent that is in excess of the rent prescribed for that type of accommodation or any accommodation to which this Law applies.
(2) Where the agreed rent is higher than the rent prescribed under this Law for that type of accommodation, the tenant shall pay the rent so prescribed in this Law.
(3) Where the agreed rent is lower than the rent prescribed under this Law for that type of accommodation, the tenant shall continue to pay the agreed rent unless the landlord by notice in writing requires the tenant to pay the rent prescribed under this Law.
(4) Where a landlord has received from a tenant any rent in excess of the rent prescribed under this Law for that type of accommodation, or fixed by a Court, or by a Court on appeal from a decision of a Court, the tenant may recover the excess from the landlord.
- Prescribed rent; avoidance of doubt
(1) A Court shall have jurisdiction on application made to it by a landlord, or a tenant or any interested person, to determine in respect of any accommodation (furnished or unfurnished) let, the rent prescribed for such accommodation in accordance with the provisions of this Law.
(2) Every judgment of a Court fixing the rent of any accommodation shall be signed by the Magistrate and be issued under the seal of the Court.
(3) The rent prescribed by the Court shall supersede the agreed rent between the landlord and the tenant and any judgment made by the Court shall bind all persons including the landlord, the tenant or mortgage of the building where the accommodation is situated.
(4) It shall not be lawful for anyone in consideration of the grant, continuance, surrender or giving up of a tenancy of any accommodation to require or receive the payment of any premium in respect of the same and any such payment made in respect of any accommodation to a landlord by a tenant shall be recoverable by the tenant and may, without prejudice to any other method of recovery, be deducted at the time of payment from any rent payable by the tenant to the landlord.
(5) For the avoidance of doubt, the provisions of this Law shall not render unlawful or invalid any agreement whereby a bona fide contractor invests in the development of any property to which this Law applies, and in consideration of such investment, takes a lease of the property for any period of time at a rent lower than the rent prescribed under this Law.
(6) A landlord may demand and receive payment of the rent prescribed in advance for a period not exceeding three months from tenants who are individuals, and twelve months from tenants other than individuals.
- Prescribed rent for furnished accommodation
The Court shall have power to fix rent in respect of furnished accommodation, and in so doing, shall have regard to such things as the type, number, quality, and cost of the furniture in such accommodation.
- Practice and procedure of the Court
(1) The proceedings under this Law may be brought before any Court established under the provisions of this Law.
(2) The jurisdiction of the Court shall not be ousted by reason of a defendant or respondent bona fide setting up title of a third person.
(3) Subject to the provisions of this Law, the practice and procedure in civil matters operating in the Magistrates Courts, shall apply to the proceedings of the Court until the Rent Control Court Rules Committee makes rules for the practice and procedure of the Court pursuant to section 50 of this Law or any other written law.
(4) Where a tenant has defaulted in the payment of—
(a) his rent before the coming into force of this Law; or
(b) the agreed rent at the commencement of this Law;
and there is an application before the Court for the determination of the rent prescribed under this Law, the Court may order the tenant to pay such arrears of rent before the determination of the application.
- General jurisdiction of the Court
(1) A Court shall have and exercise jurisdiction in its area of authority to hear and determine—
(a) any application by a landlord or a tenant in which it is claimed or alleged—
(i) that the rent claimed by a landlord for accommodation is in excess of the rent prescribed under this Law for such accommodation under Schedule 2 to this Law as the case may be; or
(ii) that, where any increased rent is claimed by a landlord by reason of the size of any room in an accommodation the increased rent so claimed is more than the rent prescribed under this Law for accommodation of a like dimension; or
(iii) that, where any increased rent is claimed by a landlord by reason of any extra amenities provided by him in respect of any accommodation, the amenities so provided are insufficient under Schedule 2 of this Law to warrant such increased rent; or
(iv) that any sitting-room or other room in any accommodation is larger than the standard sitting-room or the standard room, as the case may be, or that the amenities provided in any premises are in excess of those required by Schedule 2 to this Law, and that in either case the tenant has refused to pay the proportionate increase in rent;
(b) any dispute between a landlord and a tenant relating to the amount of rent payable for any accommodation to which this Law relates where by reason of any special circumstances relative to the accommodation, it is claimed by a landlord or a tenant that an increased rent is payable instead of the rent prescribed under this Law notwithstanding the provisions of Schedule 2 of this Law;
(c) any other dispute between a landlord and a tenant relating to the payment of the rent under provisions of this Law.
(2) Any rent fixed or determined by a Court in consequence of any application under subsection (1) of this section, or confirmed, or determined on appeal by an appeal court, is for the purpose of this Law a rent prescribed as regards the accommodation to which it relates.
(3) The proceedings of a court shall be open to the public and a court may—
(a) examine witnesses on oath;
(b) summon any person to produce any document of title, or give any evidence which the court considers relevant.
- Procedure for assessing rent to be adopted by estate valuers
In assessing rent under section 9 of this Law of any accommodation to which this Law applies an estate valuer shall have regard to and adopt the following procedure—
(a) he shall inspect the accommodation and measure the dimensions of the rooms and note the amenities provided in the accommodation;
(b) the rents prescribed by Schedule 2 of this Law shall be regarded as rents for standard accommodation; the amenities prescribed for each accommodation sub-type in Schedule 2 shall also be regarded as the standard amenities for such accommodation;
(c) the accommodation to be hired shall then be identified within a zone specified in Schedule 1 and an accommodation type in Schedule 2;
(d) where the size of the accommodation is below or in excess of the standard prescribed for the type, a proportionate adjustment downwards or upwards shall be made to the standard rent in line with the provisions of section 9 of this Law. In the same manner where the amenities provided are below or in excess of the standard amenities prescribed for the accommodation type, then the amenities absent or in excess shall be costed and the annual equivalent of the estimated cost of the said amenities shall be determined and then deducted from or added to the rent already arrived at after the proportionate adjustment for size of accommodation.
- Repair liability between landlord and tenant
A landlord of any premises to which this Law applies shall be responsible for the structural and external repairs of his premises whereas the tenant shall be responsible for the internal and minor repairs of the said premises.
- Transfer of liability; effect on rent
(1) Any transfer to a tenant of any burden or liability previously borne by the landlord shall, for the purposes of this Law, be treated as an alteration of rent and where, as a result of such transfer the terms on which any premises are held are on a whole less favourable to the tenant than the previous terms, the rent shall be deemed to be increased whether or not the sum periodically payable by way of rent is increased.
(2) Any increase of rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant where, as a result of such transfer the terms on which any premises are held are on the whole not less favourable to the tenant than the previous terms, shall be deemed not to be an increase of rent for the purposes of this Law.
- Improvement of accommodation by tenant
Where the tenant with the prior consent in writing of the landlord, executes on his accommodation any improvements he shall be entitled to receive compensation from his landlord in respect of the unexhausted value for such improvements at the termination of the tenancy.
- Sub-tenants deemed to be tenants of landlord
Where a landlord at any time lets any premises and his tenant, not being expressly prohibited in writing from sub-letting, sub-lets such premises or any part thereof, the sub-tenants of such premises or any part thereof shall be deemed, for the purposes of this Law, to be tenants of the landlord.
- Length of notice
(1) Where there is no express stipulation as to the notice to be given by either party to determine the tenancy the following periods of time shall be given—
(a) in the case of a tenancy, at will, or a weekly tenancy, a week’s notice;
(b) in the case of a monthly tenancy, a month’s notice;
(c) in the case of a quarterly tenancy, a quarter’s notice;
(d) in the case of a yearly tenancy, half a year’s notice:
Provided that in the case of a monthly tenancy, where a tenant is in arrears of rent for three months after the commencement of this Law, the tenancy shall determine and the Court shall on application of the landlord make an order for possession and arrears of rent.
(2) The nature of a tenancy shall, in the absence of any evidence to the contrary, be determined by reference to the time when the rent is paid or demanded.
- Giving of notice and expiry thereof
Notice referred to in section 15 of this Law may be given at any time prior to the date of termination of current terms of tenancy, but they shall not be effective if the time between the giving of the notice and the time when the tenancy is to be determined is less than the respective periods set out in section 15.
- Tenant refusing or neglecting to give up possession
When and so soon after the term of interest of the tenant of any premises, held by him at will or for any term with or without being liable to the payment of any rent, shall have ended or shall have been duly determined by written notice to quit as in Form B, C, or D, whichever is applicable to the case, or otherwise duly determined and such tenant, or, if such tenant does not actually occupy the premises or only occupies a part thereof, any person by whom the same or any part thereof shall then be actually occupied, shall neglect or refuse to quit and deliver up possession of the premises or such part thereof respectively, the landlord of the said premises or his agent may cause the person so neglecting or refusing to quit and deliver up possession to be served, in the manner hereinafter mentioned, with a written notice as in Form E signed by the landlord or his agent, of the landlord’s intention to proceed to recover possession on a date not less than seven days from the date of service of the notice.
- Institution of proceedings
(1) On the expiration of the time stated in any such notice of the landlord’s intention to recover possession, if such tenant or any person holding or claiming by, through or under him neglects or refuses to quit and deliver up possession accordingly, the landlord shall apply to the Court of the area in which the premises are situate for the issue of a writ or enter a plaint as in Form F, at his option either against such tenant or against such person so neglecting or refusing and thereupon a summons as in Form G shall be issued to such tenant or person so neglecting.
(2) If mesne profits are claimed and the writ or plaint shows that the rate at which such mesne profits are claimed is the same as the rent prescribed under this Law for the premises, judgment shall be entered for the ascertained amount as a liquidated claim at the rate of the said rent up to the time of obtaining possession, the judgment shall be extended to include such claim and shall be as in second alternative in Form J.
(3) Where a claim for recovery of possession is joined with a claim for arrears of rent and the defendant admits liability for arrears of rent, the Court shall, upon such admission, enter judgment for the arrears of rent, and may subsequently proceed with the claim for recovery.
- Sub-tenant served with summons to recover possession must give notice to his immediate landlord
Where any summons for the recovery of any premises as is hereinbefore specified shall be served on or come to the knowledge of any sub-tenant of the plaintiff’s immediate tenant such sub-tenant being an occupier of the whole or of a part of the premises sought to be recovered he shall forthwith give notice thereof to his immediate landlord (failure to give such notice renders him liable to forfeit such sum as the court may consider just, but not exceeding three years’ rent of the premises held by such sub-tenant to such landlord by action in the Court from which such summons shall have issued) and such landlord, on the receipt of such notice, if not originally a defendant, may be joined or substituted as a defendant to defend possession of the premises in question.
- Court to make order for ejection of tenant
No landlord shall eject a tenant from any premises to which this Law applies unless by an order of a court.
- Security of tenancy
Where an application has been made to a court by a tenant in respect of accommodation to which this Law applies any notice issued by the landlord and served on the tenant to quit the accommodation thereafter shall be of no effect and no similar notice to quit shall be given by the landlord before the decision of the court is given.
- Restriction on contracting out
Any agreement relating to the tenancy of any accommodation to which this Law applies shall be void in so far as it purports to preclude the tenant from making any application or otherwise exercising any rights conferred upon him under or by virtue of this Law or provides for the termination or surrender of the tenancy of the accommodation in the event of his making such an application or exercising such a right or for the imposition of any penalty or disability on the tenant in that event.
- Representation
In respect of any matter before a court, any landlord, tenant, class of landlords or tenants or any other person, who in the opinion of the Court has any interest in such matter, may be represented either by himself or by a legal practitioner and in respect of any such matter, the Governor may be represented by a law officer or any other person authorised in that behalf by or on behalf of the Attorney-General.
- Claim for arrears of rent and mesne profit
The amount claimed on any writ or plaint or both for arrears of rent and mesne profits shall be treated as one claim.
- Hearing of summons
(1) If the defendant shall not at the time named in the summons or any adjournment thereof, show good cause to the contrary, then on proof of—
(a) the defendant still neglecting or refusing to deliver up the premises;
(b) the yearly rent of the premises;
(c) the holding;
(d) the expiration or other determination of the tenancy within the time and manner thereof;
(e) the title of the landlord, if such title has accrued since the letting of the premises; and
(f) the service of the summons, if the defendant does not appeal thereto, the Court may order as in Form J, K, or L, whichever is applicable to the case, that possession of the premises mentioned in the plaint be given by the defendant to the plaintiff either forthwith or on or before such day as the Court shall think fit to specify.
(2) If the plaintiff at the time named in the summons or at any adjournment thereof shall fail to obtain an order under subsection (1) of this section, the defendant shall be entitled to judgment and may be awarded costs, such judgment and award being as in Form M.
- Warrant of possession may issue at any time
Where a landlord is entitled to possession of any premises, the Court may issue a warrant of possession:
Provided, however, that any counterclaim is determined or satisfied.
- Limitation of order and judgments
(1) No order or judgment for recovery of possession of any premises to which this Law applies or for the ejectment of a tenant therefrom shall be made or given unless the Court considers it reasonable to make such order to give such a judgment, and either—
(a) the Court has power so to do under the provisions set out in Schedule 3 to this Law; or
(b) the Court is satisfied that suitable alternative accommodation is available for the tenant.
(2) For the purposes of this section, where the Court considers it reasonable so to do, it shall have power to make or give an order of ejectment for the recovery of possession of any premises or for the ejectment of any tenant therefrom without proof of suitable alternative accommodation if any one or more of the circumstances mentioned in Schedule 3 are proved to the satisfaction of the Court.
- Enforcement of order of Court
If the order of the Court given under section 27 of this Law be not obeyed, the Court, whether such order can be proved to have been served on the defendant or not, shall, at the instance of the plaintiff, issue a warrant of possession, and if such order be that possession of the premises be given forthwith by the defendant to the plaintiff, the Court shall at the instance and cost of the plaintiff issue a warrant of possession forthwith.
- Form and purpose of warrant of possession
A warrant of possession shall entitle the plaintiff to be put in possession of the premises to which the warrant relates, it shall be as in Form N and the certificate of execution thereof shall be as in Form O.
- Warrant of possession to be in force for three months
Every warrant of possession shall on whatever day it may be issued bear the date of the day next after the last day named by the Court in the order for the delivery of possession of the premises in question, and shall continue in force for three months from such date, and no longer, but no order for delivery of possession need be drawn or served.
- Warrant of possession justifies entry on premises
(1) Any warrant to give possession of premises shall justify the person named therein or to whom it is directed, in entering upon the premises named therein, with such assistants as he shall deem necessary, and in giving possession accordingly.
(2) For the purposes of subsection (1), no entry upon such warrant shall be made on Sunday or public holiday at any time.
- Service of process
Service of any notice under the provisions of this Law or any summons, warrant or other process shall be effected in accordance with the provisions of the law for the time being in force relating to the service of the civil process of Magistrates’ Courts until such a time when the Rent Control Court Rules Committee makes rules for the service of the Courts’ process, and if the defendant cannot be found, and his place of dwelling shall either not be known, or admission thereto cannot be obtained for serving any such process, a copy of the process shall be posted on some conspicuous part of the premises sought to be recovered, and such posting shall be deemed good service on the defendant.
- Distress for rent
A landlord shall not exercise the power of distress for rent except in execution of the judgment of a Court and in accordance with the Sheriffs and Civil Process Law, but the Court, on being satisfied that a tenant has defaulted in paying the rent fixed by the Court, may order that the tenant’s property be detained until such payment is made.
- Rent book and receipts
(1) As from the commencement of this Law, all landlords of premises in the zones listed in Schedule 1 to this Law shall issue prescribed rent books in addition to receipts to their tenants.
(2) The rent books shall be in the custody of the tenants and necessary entries shall be made by the landlord as prescribed by Form P of Schedule 4.
- Use of forms
Subject to the express provisions, if any, of the rules, the forms contained in Schedule 4 may, in accordance with any instructions contained in the said forms and with such variation as the circumstances of the particular case may require, be used, shall be good and sufficient in law.
- Submission of returns
The Registrar shall, in respect of his zone, submit quarterly returns to the Chief Judge on rent control matters, which shall be as in Schedule 5 of this Law.
- Protection of members of a Court
(1) No member or officer of a Court shall be liable to be prosecuted or sued in any court for any act done or ordered to be done by him in good faith in the discharge of his functions under this Law.
(2) No person duly authorised in that behalf shall be liable to be prosecuted or sued in any court for carrying out in good faith the orders of a Court under this Law.
- Courts to conform to the provision of Law
Every court in the State whether of civil or criminal jurisdiction shall, so far as is necessary, conform to the provisions of this Law and shall not recognise or enforce any measures, transactions or other arrangements which in its opinion are intended for, or calculated to result in, the evasion or default of any of the provisions or purposes of this Law, in all or any proceedings, actions, suits or cases between landlords and tenants or between any of them and other persons in all applications, suits, actions, cases and matters in which the rights, remedies, duties or titles of any of the aforementioned are in question.
- Appeals
(1) A landlord or a tenant aggrieved by a decision of a Court may within thirty days from the date of such decision appeal to the High Court having jurisdiction in the area of the Court which shall have jurisdiction to hear and determine the appeal.
(2) The decision of the High Court shall be final with respect to the issue upon which the appeal is made.
(3) An appeal under this section shall operate as a stay of execution of the order appealed against during the pendency of such appeal:
Provided that the decision of the High Court upon the final determination of the appeal shall have effect from the date of the decision or order of the Court, unless the High Court otherwise orders.
- Cesser of jurisdiction
In so far as jurisdiction is conferred on the Court in respect of the causes or matters mentioned in the foregoing provisions of this Law, the High Court, the Magistrates’ Court or any other court in the State shall, to the extent that jurisdiction is conferred on the Court, cease to have jurisdiction in relation to such causes or matters.
- References in law to Rent Tribunals to read references to courts established under this Law
Wherever in any law or any document reference is made to a Rent Tribunal, such reference shall be read, in so far as the context will permit, to mean a reference to a court established under the provisions of this Law and where in any such document reference is made to the Chairman, registrar or other officer of a Rent Tribunal, such reference shall be read so far as the context will permit, to mean a magistrate, registrar or other officer aforesaid of a court established under the provisions of this Law.
- Saving of pending proceedings
All proceedings instituted, commenced or taken in accordance with the rules or practice of the Rent Tribunal in respect of any cause or matter pending at the date of the coming into force of this Law shall be valid and effectual as though they had been instituted, commenced or taken under the provisions of this Law, and such proceedings shall continue before the Court under the provisions of this Law.
- Offences and penalties
(1) Subject to the provisions of any law in force, any person who demolishes, alters or modifies a building or use of a building to which this Law applies with a view to ejecting a tenant and without the approval of the appropriate Court is guilty of an offence and is liable on summary conviction, to a fine of five hundred naira or imprisonment for six months or both.
(2) Any person who in respect of any accommodation to which this Law applies—
(a) being a landlord, attempts to eject a tenant;
(b) harasses or molests a tenant by action or words, with a view to ejecting such a tenant; or
(c) being a tenant, harasses or molests a landlord by action or words in respect of accommodation let to him;
(d) does any act or thing whatsoever calculated to stultify the provisions of this Law, or fails to comply with the requirements of any order made by a Court, is guilty of an offence and is liable on summary conviction, to a fine of two hundred naira or imprisonment for three months, or both.
(3) A Court shall have power to punish for contempt in the face of the Court, but it may in other cases, order the arrest and bring before it any person suspected of having committed contempt of the Court and such a person shall as soon as practicable be brought to trial before a Court.
(4) Any person charged with contempt of a Court is liable on conviction to a fine not exceeding one hundred naira or to imprisonment for one month, or both.
(5) Any person who, in respect of any type of accommodation to which this Law applies, receives a premium from a tenant which in the opinion of the Court, contravenes the provisions of this Law especially in relation to advance payment of rent shall be guilty of an offence and shall be liable on summary conviction to a fine equal to twice the amount so received as a premium.
(6) Any landlord who demands or receives or any tenant who offers advance rent in excess of—
(a) in the case of an individual tenant, three months; or
(b) in the case of persons other than individuals, twelve months, is guilty of an offence and is liable on conviction to a fine of an amount equivalent to the excess of the rent received or offered.
(7) Any person who resists, molests, assaults or in any way obstructs any officer (or any other person) engaged in the service of any process or in execution of a warrant of possession, in carrying out an order of a Court is guilty of an offence against this Law and is liable on summary conviction, to a fine of two hundred naira or to imprisonment for twelve months, or to both such fine and imprisonment.
(8) Any person who fails to comply with any order made by a court shall be guilty of an offence and on conviction shall be liable to a fine not exceeding three hundred naira or imprisonment for a term not exceeding three months, or to both such fine and imprisonment.
(9) Any person who has been put out of possession, and unlawfully retakes possession of the premises after possession has been given to the landlord, is guilty of an offence and is liable on summary conviction, to a fine of two hundred naira or to a term of imprisonment for twelve months, or to both such fine and imprisonment.
(10) (a) It shall be unlawful for any landlord to obtain order for possession of any accommodation under this Law by fraud, misrepresentation or concealment of any material fact.
(b) Where any landlord has obtained an order for possession of any accommodation under this Law and upon an application made by summons by such tenant, the Court is satisfied that such order was obtained by fraud, misrepresentation or the concealment of any material fact the Court shall order the landlord to pay reasonable compensation to such tenant.
(11) Any landlord who fails to issue the prescribed rent book to his tenant shall be guilty of an offence against this Law and shall be liable on summary conviction to a fine of one hundred naira or to imprisonment for a term of one month, or to both such fine and imprisonment.
(12) Subject to the constitutional power of the Attorney-General of the State to institute, continue or discontinue criminal proceedings against any person in any court of law, any police officer may conduct any prosecution before any such Court whether or not the information or complaint is laid in the name of the Attorney-General.
(13) In this section—
“police officer” means any member of the police force established under the Police Act.
- Compulsory acquisition of premises
(1) Where the Court has found that any landlord has violated any of the provisions of this Law or rules made hereunder on two occasions, the Governor shall on the recommendation of the Court acquire the interest of the landlord in the premises in relation to which the offences have been committed.
(2) Where the premises are compulsorily acquired pursuant to subsection (1) of this section, there shall be paid such compensation as may be determined under the provisions of the Land Use Act as from time to time amended or otherwise modified or any other law for the time being in force.
- Appointment of registrar
The Civil Service Commission or the Chief Judge as the case may be may appoint a fit and proper person to be a registrar of a Court.
- Control of registrar
A registrar appointed to a Court under the provisions of section 45 shall, subject to the general supervision and control of the Chief Judge, be under the immediate direction of the magistrate presiding in the Court to which he is appointed.
- Transfer of officers from one court to another
The Chief Judge may at any time transfer a registrar or any other officer of any Court from that Court to any other Court.
- Duties of registrar
The duties of the registrar shall be—
(a) to attend at such sittings of the Court as the magistrate shall direct;
(b) to fill up or cause to be filled up summonses, warrants, orders, writs of execution and other processes and submit the same for the signature of the magistrate;
(c) to make or cause to be made copies of proceedings when required by the magistrate and to record the judgment and orders of the Court;
(d) to receive or cause to be received all fees, fines and penalties and all other moneys paid or deposited in respect of proceedings in the Court and keep or cause to be kept accounts of the same; and
(e) to perform or cause to be performed such other duties connected with the Court as may be assigned to him by the Court.
- Rules Committee
(1) There shall be established for the purposes of this Law a Committee hereinafter called “the Rent Control Courts Rules Committee” consisting of the Chief Judge and a magistrate appointed by the Chief Judge, a law officer nominated by the Attorney-General and appointed by the Chief Judge and a legal practitioner appointed by the Chief Judge.
(2) The term of office of any person who is a member of the Rent Control Courts Rules Committee by virtue of appointment shall be such as may be specified in the appointment.
(3) No rule shall be valid except it has been made by the Chief Judge and not less than two other members of the Rent Control Courts Rules Committee.
- Power of Rules Committee
The Rent Control Courts Rules Committee may make rules for giving effect to the provisions of this Law and in particular, without prejudice to the generality of the foregoing, for all or any of the following matters—
(a) regulating the procedure on application to and hearing by, a Court and the fixing of fees for the filing, service and hearing of applications;
(b) permitting a tenant whose landlord has refused to accept any rent tendered to him, to pay the same into the Court, and for regulating the payment to the landlord of any sum so paid, the hearing and determination of the applications in respect of the same, and the fixing of fees to be charged in respect of such payment;
(c) prescribing the forms to be used for the process and procedure of a Court;
(d) prescribing the amount of increase or reduction to be allowed by a Court in relation to repairs to premises according as the liability to make them as established before the appropriate Court;
(e) prescribing the type or nature of repairs to fixtures in premises where the accommodation is situated and the amount to be allowed in computing a standard rent where a Court is satisfied that the repairs or fixtures, as the case may be, are necessary to make the premises reasonably fit for human habitation;
(f) prescribing the forms and records to be used or kept by a Court or as record of payment under any tenancy agreement;
(g) specifying such Magistrates’ Court hall or other halls as are appropriate for the sitting of the Courts;
(h) prescribing the imposition of penalties (other than for non-compliance with any order fixing rent); and
(i) generally for matters coming before the Court.
- Law to apply to all leases
(1) The provisions of this Law shall apply to all leases.
(2) This Law applies to an agreement, whether entered into before or after the commencement of this Law, whereby one person grants to another person, in consideration of a rent which includes payment for the use of furniture or for services, the right to occupy as a residence an accommodation to which this Law applies.
- Judgment to be delivered not later than two months of date of service of hearing notices Judgment in any cause or matter shall be delivered not later than two months from the date on which hearing notices shall have been served on the parties.
- Periodic review of Schedule 2
The Governor may review the rents prescribed in Schedule 2 at the end of every three years to reflect the economic situation in the State.
- Application
(1) This Law shall apply to all residential accommodation throughout the Cross River State, except maisonettes.
(2) The State is hereby divided into zones A1, A2, B, C, D, E and F for the purpose of fixing rents for various categories of residential accommodation in the State as shown in Schedule 1 to this Law.
(3) The Governor may from time to time by order re-classify residential accommodation into types and categories and fix the rents prescribed for each type and category of accommodation of the purposes of this Law.
- Interpretation
(1) In this Law, unless the context otherwise requires—
“accommodation” means residential accommodation other than a maisonnete and applies to one or more rooms in a dwelling house occupied or used by persons for living or sleeping or other lawful purpose whether or not the tenant is required to share the use of kitchen or toilet facilities or both and whether or not any part of the dwelling house is also occupied or used as a store or shop or an office:
Provided that where such building was designed and approved for residential and commercial purposes, this definition shall apply to the residential portion only;
“agent” means any person usually employed by the landlord in the letting of the premises or in the collection of rents thereof or specially authorised to act in a particular manner in writing under the hand of the landlord;
“approved estate” means approved residential estate or layout under any written law on town and country planning in force in the State;
“Attorney-General” means the Attorney-General of the State;
“boys’ quarters” means one or more rooms with exclusive modern sanitary conveniences and kitchen, which are provided as separate lodging for servants or boys of the occupier of the main residential accommodation;
“bungalow” means a single storeyed permanent building having self-contained accommodation consisting of one or more sitting rooms, bedrooms, kitchens, modern sanitary conveniences, electricity and water which is let or intended to be let as a single family dwelling with courtyard which may or may not be shared with occupants of other buildings in the neighbourhood;
“Court” means a Rent Control Court established under the provisions of this Law;
“extra amenities” includes improvements, air-conditioners, ceiling fans, intercom, telephone, swimming pool, tennis court, landscaping and furnishing in excess of those prescribed in Schedule 2 of this Law, as well as special finishes like tiles and terrazzo, for room, toilet, bathroom and kitchen walls and floors;
“flat” means one of two or more self-contained units of accommodation in a permanent building served with electricity and water, having standard bedrooms with exclusive kitchen and modern sanitary conveniences appurtenant thereto, which is let or intended to be let as a separate family dwelling although passages, stairways and courtyards may be shared with occupants of other rooms, flats or buildings in the neighbourhood;
“functions” include powers and duties;
“furnished accommodation” means an accommodation that is equipped with furniture such as beds, carpets, chairs, tables, air-conditioners and such other items as are necessary for the basic living needs of a tenant;
“improvement” includes structural alteration, extension or addition including the provision of pavements, fences, extra sanitary conveniences, and the provision of additional fixtures or fittings, but does not include normal repairs;
“landlord” in relation to any premises, means the person entitled to the immediate reversion of legal estate in the premises or if the property therein is held in joint tenancy or tenancy in common, any of the persons entitled to the immediate reversion and includes—
(a) the attorney or agent of any such landlord;
(b) any person receiving (whether in his own right or as an attorney or agent) any rent from any person for the occupation of any accommodation in respect of which he claims a right to receive the same;
“magistrate” means a magistrate of a Rent Control Court;
“maisonnete” means any two-storeyed permanent building designed for single family occupation in which the sitting, dining and guest rooms, kitchen and sanitary conveniences are provided on the ground floor, while the bedrooms and other sanitary conveniences are in an upper floor, and the bathroom, toilet and kitchen walls and floors of which are tiled and which is also served with hot and cold water, electricity and exclusive courtyard;
“members” means members of a Court and includes the magistrate;
“mesne profits” means the rents and profits which a tenant who holds over as trespasser has or might have received during his occupation of the premises and which he is liable to pay as compensation to the person entitled to possession;
“Governor” means Governor of the Cross River State;
“modern sanitary conveniences” means flush toilet, shower, or bath with tub, served with water;
“permanent building” means a building meant for accommodation constructed of stone, brick or cement block walls, cement screed and concrete floor, with a roof of corrugated metal and asbestos with standard finishing;
“premises” includes a house or building or any part thereof, together with the grounds or gardens or other appurtenances;
“registrar” means the registrar of a Court appointed under the provisions of this Law;
“rent” includes any money or money’s worth whether in the form of crops, labour or otherwise paid or given as the case may be, in consideration of which a landlord has let a premises to a tenant;
“residential accommodation” means the same as accommodation under this Law;
“the rules” means the rules for the time being in force relating to the practice and procedure of the courts in the exercise of their respective civil jurisdiction made under the law by which such courts were established or any rules made by the Rent Control Court Rules Committee, or any law amending the same;
“semi-permanent building” means a building constructed of either mud and wattle walls (with or without render), zinc, or timber walls with a roof of corrugated metal sheets or asbestos;
“standard finishing” for—
(a) a permanent tenement building means cement screed floor, plastered, rendered and painted walls, a ceiling, good timber doors and windows with metal protectors;
(b) other types of permanent buildings means the same as in (a) above, except that the accommodation must have glass windows, timber doors and amenities as specified in Schedule 2 of this Law;
“standard bedroom” or “standard room” means a bedroom or other room, other than a sitting room, having a floor area of at least 13-15 square metres whether or not the room is in a permanent building;
“standard sitting-room” means a room construed or used as a sitting-room in a flat, bungalow or maisonette and having a floor area of at least 35 square metres;
“State” means the Cross River State;
“temporary building” means a building constructed of mud and wattle walls (with or without render) with a roof of thatch;
“tenant” includes a sub-tenant or any person occupying any premises on payment of rent or otherwise, but does not include a person occupying premises under a bona fide claim to be the owner of the premises;
“tenement” means a dwelling house containing rooms that are let or designed to be let on single-room basis notwithstanding the fact that a set of such rooms is in a single occupation, and has a shared kitchen) with or without pantry, sanitary conveniences, passages, stairways and courtyard;
“useable floor space” (U.F.S.) means an internal floor area of a residential accommodation exclusive of kitchen, bathroom and toilet areas well as open verandas and passages less than 1.5m in width.
(2) A reference to a form means a reference to such form as set out in Schedule 4 to this Law.
- Repeal of Rent Control and Recovery Law 1977
The Rent Control and Recovery Law 1977 is hereby repealed.
- Citation
This Law may be cited as the Rent Control and Recovery of Premises Law.
SCHEDULES
SCHEDULE 1
Zones
EDITORIAL NOTE
Schedule 1 has been omitted from this publication and will be included in subsequent updates.
SCHEDULE 2
Prescribed rents
EDITORIAL NOTE
Schedule 2 has been omitted from this publication and will be included in subsequent updates.
SCHEDULE 3
Grounds for awarding possession
A court shall have power to make an order under subsection (1) of section 27 if—
(a) the rent lawfully due by virtue of this Law is in arrears for three months after it has become due; or
(b) the tenant has been guilty of breach of an express covenant or agreement of the tenancy; or
(c) the tenant has given notice to quit in consequence whereof the landlord has contracted to sell or let the premises or has taken such other steps as a result of which he would be seriously prejudiced if he could not obtain possession; or
(d) the premises are reasonably required for a public purpose; or
(e) the tenant or any person residing or lodging with him or being his sub-tenant has been guilty of conduct which constitutes nuisance or annoyance to adjoining occupiers, or has used the premises as a brothel, or has been convicted of using the premises or allowing the premises to be used for an illegal purpose, or the neglect or default of the tenant or any such person, and where a person is a sub-tenant or a lodger, that the tenant has not taken such steps as he ought reasonably to have taken for the removal of such sub-tenant or lodger; or
(f) the premises are so over-crowded as to be dangerous or injurious to the health of the inmates, and the Court is satisfied that the over-crowding could have been abated by the removal of any lodger or sub-tenant (not being a parent or child of the tenant) whom it would, having regard to all the circumstances of the case, including the question whether other accommodation is available for him, have been reasonable to remove, and that the tenant has not taken such steps as he ought reasonably to have taken for his removal; or
(g) the premises are the subject of an abatement or similar notice issued by a public authority and compliance with the terms of such notice is only possible through the ejectment of the tenant:
Provided, however, that the Court may impose a condition for return of the tenant when compliance has been made with the terms of such notice; or
(h) the premises require substantial repairs or reconstruction on account of which it is necessary for the tenant to vacate possession:
Provided that the Court is satisfied that there is a need for such repairs either by inspecting the premises or calling for a report of an assessor on the state of repairs of the premises:
Provided also that the Court may impose a condition for the return of the tenant when the repairs or reconstruction are completed; or
(i) the premises are reasonably required by the landlord for occupation by himself, or his wife, or any son or daughter of his over eighteen years of age, or his father or mother:
Provided that an order of judgment shall not be made or given on any ground specified in paragraph (i) of the foregoing provisions of this Schedule if the Court is satisfied that having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by granting the order or judgment than by refusing
to grant it.
SCHEDULE 4
Forms
FORM A
General form of title of proceedings
(For use in the Rent Control Court/Courts)
IN THE RENT CONTROL COURT …………………………………………………………………………………………….
……………………………………………………………………………………………………………… Local Government Area
Suit No. …………………………………………………….. 20 ………………
Between
……………………………………………………………………………………………………………………………………. Plaintiff
and
………………………………………………………………………………………………………………………………… Defendant
FORM B
Notice to quit signed by the landlord himself
To. C.D.
Sir,
I hereby give you notice to quit and deliver up possession of the (house, flat or room) and premises, with the appurtenances situate at ………………………………………………………………….. in the town or district of ………………………………………………………………………………. which you hold of me as tenant thereof, on the ………………………….. day of ……………………….. next (or at the expiration of your tenancy which shall expire next after the end of ………………. day of ……………………… months from the service of this notice).
Dated the ……………………………….. day of ………………………………………………………. , 20………………………..
Yours, etc.
…………………………………………………….
FORM C
Notice to quit, given by an agent or Legal Practitioner of the landlord
To C.D.
Sir,
I hereby, as agent (Legal Practitioner) for (A.B.), your Landlord, and on his behalf give you notice to quit and deliver up possession of the house (house, flat or room) and premises, with the appurtenances, situate at ……………………………………………………………………………………………………. in the town or district of ……………………………………………………………………………… which you hold of him as tenant thereof, on the ………………………….. day of ……………………….. next (or at the expiration of your tenancy which shall expire next after the end of ………………. day of ……………………… months from the service of this notice).
Dated this ………………………………. day of ………………………………………………………. , 20 ……………………..
Signed ……………………………………………………….
Agent (or Legal Practitioner)
For the above-named A.B.
FORM D
Notice by landlord to quit lodgings
To C.D.
Sir,
I hereby give you notice to quit and deliver up on the ………………………………………………………… day of ……………………………………………. , 20 ……………… the rooms or apartments with the appurtenances in my house ……………………………………………….. (………………………………………….. ) which you now hold of me.
Dated the ……………………………….. day of ……………………………………………………….. 20 ……………………..
………………………………………………………………….
Signed A.B.
FORM E
Notice to tenant of owner’s intention to apply to recover possession
To C.D.
Sir,
I ……………………………………………………………………………………………………………………. owner (or agent to …………………………………………………………………………… the owner, as the case may be) do hereby give you notice, that unless peaceable possession of the premises (briefly describe), situate at ……………………. ……………………………………………………………………………………………………………….. which were held of me (or of the said ……………………………………………………………………………………………….. as the case may be) under a tenancy from year to year (or as the case may be) which expired (or otherwise as the case may be) on the ………………………………………….. day of ……………………………………….., and which premises are now held over and retained from the said …………………………………………………………………………………. be given to ………………………………………………………………… (the owner or agent) on or before the expiration
FORM E—continued
of seven clear days from the service of this notice, I ………………………………………………………….. shall on ……………………………………………………………………………. next the …………………………………………… day of ……………………………………………………………… apply to the Rent Control Court for the Local Government Area (being the place in which the premises or any part therefore is situated) for a summons to eject any person therefrom.
Dated this ………………………………. day of ………………………………………………………. , 20 ……………………..
Signed ……………………………………………………….
Owner or Agent
FORM F
Writ or plaint against tenant or person refusing to deliver up possession
(Appropriate General Title—Form A)
The plaintiff is entitled to the possession of premises (describe briefly) situate at ……………………………. ……………………………………………………………………………………………. which were let by the plaintiff to the defendant for …………………………………………………………………………………………………………………………. at the rent of ₦ ………………………………………………………………………….. which said tenancy expired (or was determined by notice to quit, given by the plaintiff ……………………………………………………………………. as the case may be) on the …………………………… day of …………………………………………………. , 20 ……… and on the ……………………… day of ……………………………………………………………… 20 ………. the plaintiff did serve on the defendant ………………………………………………………………. a notice in writing of his intention to apply to recover possession of the said premises (a duplicate of which notice is hereto annexed), by (describe the mode in which the service was effected); and that notwithstanding the said defendant refused (or neglected) to deliver up possession of the said premises, and still retains the same.
The plaintiff claims possession and ₦ …………………………………………………………….. kobo for arrears of rent and ₦ ………………………………………………. kobo for mesne profits.
Or, the plaintiff claims possession and ₦ ……………………………………………………………………… for arrears of rent and mesne profits at the rate of ₦ ……………………………………………………………………………………….. per ……………………………………………………………………………………… being at the rate of the said premises, from the ………………….. day of ………………………………………… 20 ………….. until possession is given up.
Signed: …………………………………………….
FORM G
Summons for recovery of possession of premises
(Appropriate General Title—Form A)
You are hereby summoned to appear before the Rent Control Court at ………………………………………….. on the ………………….. day of ……………………………………, 20…………….. at the hour of ……………………….. in the ……………………………………………………………………… noon to answer the plaintiff’s claim to recover possession of …………………………………………… situate at …………………………………………………………………
FORMG—continued
within the jurisdiction of this Court on the grounds stated in the particulars of claim hereto annexed, and also to recover the sum of ₦ …………………………………………………. kobo mentioned in the said particulars.
| If you dispute the claim or have a counterclaim you should, within …………………………………………… days after the service of this summons on you, inclusive of this day of service, send to the registrar the defence or counterclaim for which the form below may be used.
If you dispute only part of the money claimed you may pay into the Court the amount admitted. If you admit the whole or part of the claim and desire time for payment or giving possession you should within the said ……………………………………………………… days send to the registrar an admission for which the form below may be used. |
Claim fee for plaintiff
₦ |
Legal Prac-titioner’s cost
k |
| Total amount of claim and costs | ||
Sending the form to the registrar does not deliver you from appearing at the Court on the day named, but delay in sending a defence or admission or in giving possession or in paying to the court, may add to the costs.
To the defendant ………………………………………………………………………………………………………………………….
Dated this ………………………………. day of ………………………………………………………. , 20 ……………………….
Signed …………………………………………………………
Officer issuing summons
TAKE NOTICE that if you hold the above-mentioned premises as the tenant of any person other than the plaintiff you must give notice to that person or to his agent, of this summons immediately it comes to your knowledge. If you fail to do so you will be liable to forfeit three years’ rent of the premises to him.
I dispute the plaintiff’s claim because (state facts relied on in support of defence) or I admit the plaintiff’s title and his right to immediate possession and offer to give possession on the …………………………….. day of ………………………………., 20 …………… I admit the claim for ……………………………………………… (or
I admit ₦ ……………………………………………… part thereof) and I ask leave to pay the same, with the costs on the amount, on the …………………….. day of ……………………………………… 20 ……….. or by instalments of ₦ …………………………………………………………… because …………………………………………….. (or I have a counterclaim against the plaintiff for ₦ …………………………………………………………………. )
To be signed here—
………………………………………………………………….
Defendant
Address to which notices to be sent—
………………………………………………………………
………………………………………………………………
FORM H
Appointment of appraisers
(Appropriate General Title—Form A)
Upon hearing the plaintiff and the defendant herein it is ordered that E.F., of ………………………………….(or, E.F. of …………………………………………………………………………………………………………………. and G.H.
of …………………………………………) do enter upon the premises at …………………………………………………. in the town (or district) of…………………………………………………………………………………………….. lately in the occupation of the plaintiff and do estimate the present values of (here set out and describe sufficient for identification the things claimed by the plaintiff as improvements) and do report to the Court in writing thereon or before the …………………………………… day of ………………………………………….. , 20 ………………
AND IT IS FURTHER ORDERED that the plaintiff (or the defendant, or the plaintiff and the defendant, or as the case may be) do pay to the said E.F. (and G.H.) (here set out the terms of remuneration to be made to the appraisers).
Given under my hand this …………………………….. day of ……………………………………………… , 20 ………….
Signed ……………………………………………………….
Magistrate
FORM I
Report of appraisers
(Appropriate General Title—Form A)
I, (We) E.F. of ………………………………………………………………………………………………………… (and G.H. of ……………………………………………………………………………… ) the appraiser(s) appointed herein, under an order dated the ………………. day of ………………………………….., 20 …………… having viewed the premises mentioned in the order aforesaid do appraise and value the same at the sum of ₦ ………………………………. as hereinafter detailed, viz—
As witness my (our) hand(s) ………………………………………………. this …………………day of ……………….20 …………………
Signed: E.F. …………………………….
G.H. ( ………………………………………………. )
FORM J
Judgment for plaintiff in action for recovery of premises
(Appropriate General Title—Form A)
IT IS ADJUDGED that the plaintiff do recover against the defendant possession of the premises mentioned in the particulars of claim annexed to the summons in this action, that is to say (here describe the property as set out in the particulars).
AND/OR, IT IS (FURTHER) ADJUDGED that the plaintiff recover from the defendant ₦ ……………………….kobo for rent and mesne profits from the from the …………. day of …………………………….. 20 ……………… up to date hereof and further mesne profits at the same time of obtaining possession.
FORM J—continued
AND IT IS ORDERED that the defendant do give the plaintiff possession of the said premises on the……………………………………………………. day of ………………………………………………………., 20 ……………….
AND/OR, IT IS (FURTHER) ORDERED that the defendant do pay to the registrar of this Court the total sum above-mentioned, on or before the ……………………………….. day of ……………………………………, 20 ………………. , or by instalments of ₦ ………………………………………………. for every ……………………….. the first instalment to be paid on the ………………………………………………. day of ……………………………….., 20 ……………………….. (or as may be ordered).
AND/OR, IT IS (FURTHER) ORDERED that the defendant do pay to the registrar of this Court the sum of ₦ ………………………………………………. kobo being arrears of rent and for mesne profits to the date hereof on or before the ………………………………….. day of ………………………………….. , 20 ……………. and that the defendant do further pay to the registrar of this Court mesne profits at the rate of ₦……………………. kobo per ………………………………………….. from the date hereof to the date on which possession of the premises is delivered up within fourteen (or as may be) days of the date of delivery of the said premises.
TAKE NOTICE that if possession be not given and payment made as above ordered, a warrant, or warrants may be issued requiring an officer of the Court to give possession of the said house to the plaintiff, and to levy the sum of ₦ …………………………………….. kobo above-mentioned together with further costs.
FORMM
Judgment for defendants in action for recovery of premises
(Appropriate General Title—Form A)
IT IS ADJUDGED that the plaintiff is not entitled to recover possession of the …………………………………… mentioned in the particulars annexed to the summons in this action; that is to say (describe the premises as set out in the particulars).
AND IT IS ADJUDGED that the judgment be entered for the defendant and that the defendant do recover against the plaintiff the sum of ₦ …………………………………………………………………………… kobo for costs.
AND IT IS ORDERED that the plaintiff do pay the same to the Registrar of this Court on or before the …………………………………………….. day of ……………………………………………… 20 …………..
FORM N
Warrant for possession of premises
(Appropriate General Title—Form A)
WHEREAS at a Rent Control Court held on the ………………………… day of ………………………… 20 ……… it was adjudged that the plaintiff was entitled to possession of the premises mentioned in the particulars annexed to the summons in this action; that is to say (describe the premises as set out in the particulars), and it was ordered that the defendants should give the plaintiff possession of the said land on the ………… day of ………………………………………………………. , 20 ………………. (Add where judgment for forfeiture for non-payment of rent, unless the rent in arrears for the said premises) amounting to ₦ ………………… kobo were paid into ………………………………………….. Rent Control Court on or before the ………………………….
FORMN—continued
day of ………………………………………………………. , 20 ……………………………
AND IT WAS ADJUDGED that the plaintiff should recover against the defendant the sum of ₦ ……………. kobo for rent mesne profits and ₦ ……………. kobo for costs, making together the sum of ₦ ……………. kobo and it was ordered that the defendant should pay the last mentioned sum to the registrar of this Court on the …………………………………………. day of ……………………… , 20 ……………… (or by instalments of ₦ ………………………….. kobo for every ………………………………………. ).
AND WHEREAS the defendant has not obeyed the said order these are therefore to authorise and require you forthwith to give possession of the said premises to the plaintiff.
AND these are therefore to require and order you forthwith to make and levy the amount due to the plaintiff under the said judgment (or order) together with the costs of this warrant and the costs of executing the same, by distress and sale of the goods and chattels of the defendant (if there are more defendants than one, name the defendant against whose goods the execution is issued) wheresoever they may be found within the district of this Court (except the wearing apparel and bedding of him and his family and the tools and implements of his trade to the value of ten naira) and also by seizing and taking any money, bank notes, cheques, bills of exchange, promissory notes, bonds or other securities for money belonging to the defendant which may there be found, or such part or so much thereof as may be sufficient to satisfy this execution, and to bring what you shall have so levied into the Court and to make return of what you have done under this warrant immediately upon the execution thereof.
Dated the ……………………………….. day of ……………………………………………………….. 20 ……………………..
………………………………………………………………….
Magistrate
(OFFICER OF THE RENT CONTROL COURT)
(RENT AND MESNE PROFITS)
Costs ………………………………………………………………………………………………………………………….
Fee for issuing this warrant …………………………………………………………………………………………..
Total amount to be levied with fees for execution of warrant as endorsed hereon.
Application was made to the Registrar for this warrant at ……………………………………………………………….past the hour ………………………………………. in the …………………… noon of the day last above-mentioned.
TAKE NOTICE that the goods and chattels are not to be sold until after the end of five days next following the day on which they were seized, unless they are of a perishable nature or at the request of the defendant.
FORM O
Certificate of execution of warrant of possession
(Appropriate General Title—Form A)
I HEREBY CERTIFY that by virtue of the warrant of possession issued in this action and numbered
……………………………………. I did on the ………………….. day of …………………………….. , 20 ………..deliver full and peaceable possession to the plaintiff of the premises named therein, that is to say (copy description from warrant), as required by the said warrant.
Dated the ………………. day of ……….. , 20 …………………………………………………………….
Signed: ……………………………………………………
Person executing the warrant
FORM P
Form of notice to be printed or inserted in rent books
(Information for tenant)
(This information is for the purposes of the Rent Control and Recovery of Premises Law and, where necessary, may be checked without charge with the Rent Control Court Office where a Court has fixed the rent.)
- Address of premises ………………………………………………………………………………………………………..
- Name and address of landlord …………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………..
- Name and address of agent (if any) ……………………………………………………………………………………
……………………………………………………………………………………………………………………………………..
- Rent ………………………………………………………………………………………………………………… a month
- Description of premises occupied by tenant ……………………………………………………………………………………………………………………………………………………………………………………………………………….
- Particulars of accommodation which the tenant has a right to share with other persons ……………………………………………………………………………………………………………………………………………………
- Other terms and conditions (if any) ……………………………………………………………………………………
- A rent of …………………………………………………………… a month for the premises was approved by the ……………………………………….. Rent Control Court on ……………………………. , 20 ……………….
- The rent for the premises was reduced by the ……………………………………………………………………..
Rent Control Court to ……………………………… a month on ……………………………. , 20 ……………….
*To be completed according to circumstance
SCHEDULE 5
Returns of Rent Control Court Matters
DURING THE QUARTER BEGINNING ……………………………….. AND ENDING ………………………….
IN THE RENT CONTROL COURT DISTRICT …………………………………………. IN ………………………….LOCAL GOVERNMENT AREA
| Suit No. |
Names of parties |
Nature of claim
|
Date of filing action | Date of service of process | Date of 1st appearance | Date of final determination | Remarks
|
|
| Applicant | Respondent
|
Fixing of rent Possession | ||||||
CHAPTER R3
RENT CONTROL AND RECOVERY OF PREMISES LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
