Out-of-court settlement in tenancy matters.

Storytelling of the Tenancy Law of Lagos State, 2011.

Traditionally, landlords and tenants usually use the interventions of their community leaders to settle tenancy-related matters. This method does not involve the courts or lawyers. And it is effective most of the time. And can be explored even by notorious landlords and rogue tenants

This method, just like other alternative dispute resolution methods, has its advantages and disadvantages. However, these are not the issues for consideration in this piece.

It is this mindset that all legal disputes can be addressed out of court amicably that the Tenancy Law of Lagos State 2011 embraced the use of alternative methods of dispute resolution for resolving tenancy-related matters. Although this provision under the Act and the law itself may not be adequate in addressing the ever-dynamic tenancy disputes, the existence of the provision is an option for landlords and tenants.

The lawyer representing the man in Landlords, tenants and the courts was very reluctant and evasive of an out-of-court settlement. I do not know why, and I care less. One thing was obvious, the man was also not impressed with the lawyer. He would not mind taking us on the offer. His warmth towards me and my colleague betrayed him.

At first, I thought it was because of my female colleague with me. He specifically asked for our office address from her and offered to visit us soon in front of his lawyer. Her impressive charm and concealed brainpower always earn us favours, particularly among the male folks.

After confirming his appointment to come alone at first, we insisted he should come along with his lawyer in respect of the present matter and all communications to us on the matter must be from the lawyer going forward. While we would deal with him directly on any other brief.

As far as we were concerned, his case was very weak, simple, and straight forward. The time wasted in court so far was totally uncalled for.

He leased property from our client for a three-year term and paid the total rental sum upfront. Thereafter, it was renewed for three years at two different times. So the tenant had conducted its business on the property for nine years and had very cordial relationships with the landlord. His business had also expanded. However, afterwards, the business started experiencing a very hard time and was in three-year arrears.

After repeated demands, the landlord, blocked the entrance to the property, restraining clients and customers from entering the property.

On the day of the meeting, the man showed up alone without a lawyer from the office of his lawyer. He called the lawyer in front of us, who confirmed he was not coming and did not have a problem with the client meeting with us.

Our attitude to matters has always been to adopt some strategic business management strategies to briefs, and this is what we did in this case. The mandate given to us was to evict the tenant and collect all rent arrears, utility bills, and all consequential costs.

We advised the client to, at best, evict the tenant, and let him pay in installments all arrears and other costs. Asking him to pay all and in lumps was unrealistic. If he had the money, he wouldn’t have been owed. We were also going to handle the negotiation process if need be.

We opened the conversation with him by referencing Section 2(1) to (3) of the Tenancy Law of Lagos State 2011. Since the property in question is not one of the Areas and Premises the Lagos State Tenancy Law, 2011 does not apply to. A court shall have jurisdiction to determine matters in respect of the tenancy of any premises let before or after the commencement of the law.

The jurisdiction of the court shall not be ousted by the defendant or respondent setting up the title of any other party.

The parties' agreements to resort to court-connected Alternatives Dispute Resolution (ADR) or other facilities such as the Lago State Multi-Door Court House or the Citizens Mediation Centre for amicable dispute resolution shall not, however, be construed as an ouster of court jurisdiction.

Simply, landlords and tenants can explore alternative dispute resolutions. It does not bar them from going to court, either.

After a few hours of deliberations, we were able to reach a very amicable resolution. The next day, he called for the agreed-upon terms of settlement to be prepared as terms of settlement for his signature and filing in court. After three months, he had vacated the property and by the eighth month, he was paying his last instalment on reduced costs and arrears.

Meanwhile, the case which was in its second year before the court, was adjourned twice during the period due to the lack of availability of the magistrate.