THE RISING SPECTRE OF ARBITRARY RENT INCREASE IN NIGERIA

WE ARE FACED WITH THORNY ISSUES OF ARBITRARY RENT INCREASE IN THE COUNTRY AND MOST nIGERIANS ARE AFRAID TO CHALLENGE THEIR LANDLORD OVER RENT INCREASE.WHEREAS THE LAW MAKES PROVISION FOR THEM IN COURTS. It is absolutely insane for landlord to increase rentunilaterally without consent of party after sending the so called thrash of'NRI-Notice of Rent Increment`to tenants.They see tenants in this context as mere inferior parties and so unilaterally increased rent without their consent.According to learned justices of the court of appeal commenting on the issue with their immortal words.They conclude:'The issue of rent between the landlord and tenant is a matter of aggreement.The agreement may be express or implied.The relationship between them too is a contractual one.And being a matter of contract its term cannot be altered by either party without the aggreement of the other.See,Udih v. Izedonmwem(supra).Unless the landlord and the tenant are ad idem a landlord`s unilateral decision to increase the amount of rent payable will be ineffective.A unilateral increase of rent is an offer or a proposal made by the landlord.Where as in this case the tenant refuses to pay the landlord the proposed rent it is left for the landlord who stands to gain where the new rent is accepted by the tenant to promptly take necessary steps to terminate the tenancy.Apellant's (tenant's)refusal to pay the increased in rent is not in anyway tantamount to an obligation to pay the increased rent.Consequently where there is no agreement on an increase in rent the statusquo ought to be maintained and this means that the agreed rent should therefore subsist.See Are v Ipaye(1990)2NWLR(Pt.132)P.298 at 313 G-H;Mba-Ezev-Okufo(1990)2 NWLR(Pt.135)P.787 at 795 F-G."Per GALADIMA,J.S.C.(Pp.18-20,para.B).Quotation is from the COBRA LTD&ORS v.OMOLE ESTATES&INVESTMENT LTD(2000)LPELR-6809(CA)'s case.Also,JOVINCO NIGERIA LTD & ANOR v.IBEOZIMAKO(2014) LPELR-23599(CA) Therefore one is forced to humbly bow to the opinions of these learned judges and admit the fact that rent increment is a bilateral agreement and defies arbitrary increase.Landlords may not raise discriminatorily.In most states landlord cant use rent increase to evict tenants.Precedents. The issue of landlord rent increment is becoming a thorny issue in the country.Ordinarily speaking you have to negotiate or challenge rent increment.When your landlord increased your rent without your consent it is advisable to write him through a lawyer first explaining the position of the law and other reason which makes rent increase unreasonable.You can suggest a new rent.Should landlord refuse to change his mind about d rent law permits you to proceed to court and apply in the required form for an order of declaration to effect that the rent increase is unlawful and arbitrary.In lagos where landlord refuses to accept the existing rent from you you may proceed to court and apply to the court to allow you to pay the rent to the court registry and when that happens landlord may not receive full rent and d court reserves to retain d 10% of d rent and pay landlord remainder.But d above position may not apply when you have signed a property agreement.rent increase is regulated by law and there must be verbal rent increase is regulated by law and there must be agreement between two parties.u can increase rent when there is agreement.In Enugu u can increase rent after 2years and 3yrs and increase must not exceed 15% Unless parties agree landlord decision to unilaterally increase rent in ineffective.When a tenant receives a letter of rent increase it is a mere offer and when there is no consent from tenant is no offe,a counteroffer and there is no contract.lagos tenancy law 2011 section 37 tenant can challenge that at d court that d increment is unreasonable and court suggest reasonable amount.two options available for tenant.1. Negotiate d rent or institute cases at d court.since tenant cannot be ejected till case determination d best option is to seek or vacate d property. section 37(1)-(4)subject to any agreement to d contrary tenant may apply as in form TL11,For an order declaring d increase unreasonable.stare desis e non movere moquieta My authorities include:1,2,4,6,7,8,9,10,13,19 and 20 of the recovery of premises act 1945 laws of the federation.(abuja) and other nationwide similar tenancy laws or cases at the states level.2.The judgement of the court of appeal(on statutory maintenance of approved rent price.)case OGAR V.ILOETOMMA(2O15)LEPLR-40694(CA).The police have nothing to do with eviction issues neither the landlord nor agent have legal backing to evict tenant.In COKER V.ADETAYO(1996)6NWLR(PT.454)258.Supreme court held on length of notice needed to truly determine tenancy:for one month tenant is one month but yearly tenants is 6months(b).In other cases the notice required is provided in the tenancy agreement between parties.(PT.264,paras,F-G).On ground of recovery of premises,failure to rent as at when due and reasonableness of the default or making premises'untidy or recovery of premise for personal use.Any of these remedies may be collectively or individually used by landlord.In most cases tenant pay well in 1 or 2yrs later stop.