Understanding the breach of tenancy agreements and the legal remedies available under Nigerian law is crucial for real estate investors, landlords, and tenants. Because tenancy disputes often involve significant financial and property risks, knowing the lawful steps for enforcement, the eviction process in Nigeria, rent arrears claims, and tenant breach remedies helps investors protect their assets while staying fully compliant with Nigerian property law.
This guide provides a clear and practical breakdown of these remedies, supported by legal principles, judicial precedents, and investor-relevant insights.
What Constitutes a Breach of Tenancy Agreements?
A breach of tenancy or lease agreement occurs when either the landlord or the tenant fails to perform the obligations outlined in the agreement. Examples include:
- Failure to pay rent when due
- Illegal or unauthorized use of the property
- Unlawful eviction or interference with quiet enjoyment
- Failure to maintain the property
- Holding over after the tenancy expires
For investors, understanding breaches is essential to managing rental properties effectively, maintaining property value, and enforcing rights without violating legal procedures.
Remedies Available to Landlords for Breach of Tenancy Agreements
When a tenant breaches key terms, such as rent arrears, property damage, or illegal activities, Nigerian law provides several remedies. Each must be pursued through the proper legal steps to avoid invalidating the landlord’s claims.
1. Recovery of Possession
This is the most common remedy when tenants default on rent or violate major terms.
Legal steps include:
- Serving a valid quit notice as required by the tenancy agreement or state law.
- After the quit notice expires, issue a 7-day owner’s intention to recover possession.
- Filing an action in court for the recovery of premises.
- Obtaining a court order before enforcing possession.
Courts have held, such as in Mr. Eboh I. Ndubuisi v. Mr. M. A. Shobande, that improper service of notices strips the court of jurisdiction. Investors must therefore ensure notices are properly drafted, dated, and served.
2. Action for Arrears of Rent
Where a tenant owes rent, the landlord may sue for the outstanding amount in the appropriate court.
- Minor rent arrears claims typically go to the Magistrate Court.
- Larger or more complex claims may be filed at the High Court.
Investors should maintain payment records and receipts to support the rent arrears Nigeria claims.
3. Damages for Breach
Landlords can claim compensation for losses suffered due to tenant misconduct, such as:
- Damage to fixtures or the structure of the property
- Loss of income during unlawful occupation
- Costs incurred in restoring the property
This remedy is crucial for investors whose rental income is tied to financing obligations or long-term ROI projections.
4. Forfeiture of Tenancy
Where a tenant commits serious breaches, such as illegal activities or substantial damage, the landlord may terminate the tenancy entirely.
Under Section 14(1) of the Conveyancing Act 1881:
- The landlord must serve a notice specifying the breach, and
- Allow the tenant to remedy it when applicable.
Forfeiture protects investors from tenants whose actions place the property or its value at risk.
5. Injunctions
Landlords may apply for court orders to restrain tenants from continuing harmful actions, such as:
- Operating illegal businesses
- Damaging the property
- Disturbing neighbours
Injunctions provide quick relief in cases where waiting for a full trial may cause irreparable harm.
Remedies Available to Tenants for Breach of Tenancy Agreements
Tenants also have rights when landlords violate their obligations under the agreement or the law.
1. Right to Quiet Enjoyment (and Damages for Interference)
If a landlord disrupts a tenant’s peaceful occupation, such as unlawful entry, threats, or interference with utilities, the tenant may sue for damages or seek a restraining order.
2. Refund of Security Deposit
Tenants are entitled to recover their security deposit at the end of their tenancy unless legitimate deductions apply for:
- Repairing damage caused by the tenant
- Unpaid rent
- Breach of contractual terms
Where a landlord wrongfully withholds the deposit, the tenant may file a claim for recovery.
3. Damages for Unlawful Eviction
If a landlord evicts a tenant without following legal procedures, the tenant may sue for significant damages.
In Ahaneku v. Iheaturu (1995), the court awarded compensation to a tenant unlawfully evicted without due process. This serves as a warning to investors about the risks of self-help evictions.
4. Specific Performance
A tenant may ask the court to compel the landlord to fulfil obligations, such as performing essential repairs, where failure to act constitutes a breach.
5. Injunctions
Tenants may obtain injunctions to restrain landlords from illegal or harmful actions, including:
- Locking tenants out
- Disconnecting electricity or water
- Harassing occupants
These remedies help maintain stability during disputes.
General Remedies Available to Both Parties
Some remedies apply to both landlords and tenants, depending on the nature of the breach.
1. Alternative Dispute Resolution (ADR)
ADR mechanisms – mediation, conciliation, arbitration – allow parties to resolve disputes faster and more cost-effectively than litigation. Many modern tenancy agreements now include ADR clauses to avoid prolonged court processes.
2. Termination of Agreement
Either party may terminate the tenancy if the other commits a fundamental breach.
Examples include:
- Landlord terminating where the tenant persistently fails to pay rent
- Tenant terminating where the property becomes uninhabitable due to the landlord’s negligence
Termination must follow the notice requirements of the agreement or applicable state laws.
3. Court Action
Where amicable resolution fails, either party may file claims for remedies such as:
- Possession
- Arrears of rent
- Damages
- Enforcement of contractual obligations
Magistrate Courts hear most tenancy matters, while High Courts handle complex or high-value disputes, including lease enforcement Nigeria cases.
Legal Framework Governing Remedies for Breach of Tenancy Agreements
Several laws form the foundation of tenancy-related remedies in Nigeria:
1. State Tenancy Laws
Different states regulate tenant-landlord relationships through specific laws, such as:
- Lagos State Tenancy Law 2011
- Rivers State Rent Control and Recovery of Premises Law
These laws outline notice periods, eviction procedures, rights of parties, and penalties for unlawful actions.
2. Common Law Principles
Tenancy relationships are also governed by contract law principles, including privity of contract and privity of estate. Essentially, parties are bound by the terms they willingly agreed to.
3. Judicial Precedents
The Supreme Court and the Court of Appeal have delivered several guiding decisions, including Adole v. Gwar (2008), which reaffirmed the need to honour tenancy agreements and to respect due process.
4. Land Use Act 1978
While focused on land ownership, the Act indirectly affects tenancy enforcement by requiring landlords to have a lawful title (C of O, Governor’s Consent, etc.) before creating valid leases.
Practical Steps for Enforcing Remedies
For Landlords
- Document all breaches (rent arrears, damage, misuse).
- Ensure all statutory and contractual notices are prepared and served correctly.
- Avoid self-help measures such as lockouts or utility disconnection.
- File a court claim when necessary.
For Tenants
- Keep evidence of the landlord’s breach (photos, messages, receipts).
- Seek legal advice early to understand available remedies.
- Apply for damages, injunctions, or specific performance when appropriate.
Conclusion
The legal remedies for breach of tenancy agreements in Nigeria are designed to protect both landlords and tenants while ensuring fairness, due process, and stability of the property market. Whether you are enforcing rent arrears, navigating the eviction process in Nigeria, or seeking remedies for unlawful eviction, understanding your rights and acting through lawful procedures is essential for protecting your investments.
Other articles on the blog
- How to Conduct a Land Title Search in Nigeria
- Land Ownership in Nigeria: Customary and Statutory Rights
Navigating property laws in Nigeria can be complex, but the right legal guidance makes all the difference.
At Scotts Legal, we provide expert support in property acquisition, title investigation, registration, and property management, helping real estate investors make confident, compliant, and secure decisions.
For consultations and inquiries, send us a message – here.
