
Rethinking Recovery of Possession in Lagos Tenancy Law
Toward a Fair and Efficient Balance Between Landlords and Tenants
The process of recovering possession of premises in Lagos is fraught with delays, largely because tenants often evade service of statutory notices, especially the “Notice to Quit” and the “Seven Days’ Owner’s Intention to Recover Possession.” Under the Tenancy Law of Lagos State 2011, strict compliance with notice requirements is mandatory. This makes avoidance of service one of the most potent defenses for tenants, leaving landlords frustrated and clogging the courts with procedural disputes rather than substantive justice.
A practical reform is to expand the modes of service recognized under the law. In addition to personal service, the Lagos State Real Estate Regulatory Authority (LASRERA) could be empowered to serve statutory notices on behalf of landlords for a small administrative fee. Where a landlord is unable to serve a tenant directly, or where the tenant is clearly avoiding service, LASRERA’s intervention would constitute valid service. Furthermore, codifying electronic service via email or WhatsApp would reflect modern realities and close loopholes often exploited by defaulting tenants.
Beyond service of notices, structural reforms are essential. Establishing special tenancy courts dedicated to landlord–tenant disputes would ensure speedier adjudication. Equally important is introducing compulsory Alternative Dispute Resolution (ADR) mechanisms, such as mediation, before parties can proceed to litigation. This would filter disputes, resolve many amicably, and reduce the caseload on already burdened courts.
As the Proposed Tenancy Law of Lagos State is currently under debate, it is recommended that these measures (recognition of alternative service through LASRERA, codification of electronic service, special courts, and compulsory ADR) be expressly incorporated to balance the interests of landlords and tenants while promoting efficiency and fairness.
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