What notice of intention to recover possession means
This is the notice that tells a tenant the landlord is going to court.
Recovering premises in Nigeria is a two notice process, and both are required in sequence.
The first is the notice to quit, which ends the tenancy. Its length depends on the type of tenancy: a monthly tenancy requires one month, a quarterly tenancy three months, a yearly tenancy six months, and shorter tenancies less, subject to the applicable state law and to anything the tenancy agreement provides.
The second is this one: the notice of the owner's intention to apply to recover possession, commonly a seven day notice. It is served after the notice to quit has expired and the tenant has not given up possession. It tells the tenant that proceedings will follow.
Only after both have been served and expired can the landlord file.
How it is used
The sequence has to be right, and this is where most Nigerian landlords go wrong.
The tenancy must first be determined by a valid notice to quit of the correct length for the type of tenancy. If the tenancy is a yearly one and a one month notice was served, the notice is bad and everything after it fails.
Once that notice expires and the tenant remains, the tenant is holding over. The landlord then serves the seven day notice of intention to recover possession.
Once that expires, the landlord files a claim in the appropriate court, which for most residential tenancies is a magistrate court with jurisdiction over recovery of premises, and for higher value or particular tenancies may be the High Court.
Service matters as much as content. Personal service where possible, and where not, service in the manner the applicable law permits, with an affidavit of service recording exactly what was done and when. A defective service is as fatal as a defective notice.
A tenant who pays rent that the landlord accepts after a notice to quit may have created a new tenancy, which resets the whole process.
Key features
- The second of two notices required to recover premises
- Served only after a valid notice to quit has expired
- Commonly a seven day notice, subject to the applicable state law
- Must be properly served, with evidence of service kept
- Filing without it generally results in the case being struck out
- Accepting rent after the quit notice can restart the process
How this works in Nigeria
Recovery of premises is governed by state legislation, and Lagos has its own tenancy law with prescribed notice periods and forms. Other states have their own recovery of premises laws, and the periods and procedures are not identical, so the applicable state law must be checked rather than assumed.
The practical picture is consistent across states though. Cases are struck out for procedural defects far more often than they are lost on the merits. Wrong notice length for the type of tenancy. The second notice never served. Service that cannot be proved. A notice naming the wrong parties or the wrong premises.
Each of those sends the landlord back to the beginning, which can add many months.
Self help is the other side of it and it is unlawful. Changing locks, removing a roof, disconnecting power or water, or removing a tenant's belongings exposes the landlord to claims regardless of how much rent is owed, and Nigerian courts have awarded damages for exactly this.
For tenants, the practical point is that both notices must be valid. A tenant served with proceedings should check the notice history before anything else, because a defect there ends the case.
Notice to quit vs seven day notice vs court process
Three stages in one process, and none of them can be skipped.
The notice to quit ends the tenancy. Its length depends on the type of tenancy, and getting that wrong invalidates everything that follows. Where the tenancy agreement fixes a period, it is read alongside the statutory position.
The notice of owner's intention to recover possession, commonly seven days, follows the expiry of the quit notice. It warns the tenant that court proceedings are coming and gives a final opportunity to leave.
The court process follows the expiry of the second notice. The landlord files, the tenant may defend, and the court makes an order for possession if the case is made out. Only a court order, executed by the appropriate officer, lawfully removes a tenant.
A landlord who serves one notice and files, or who serves both and then takes matters into their own hands, has created a problem rather than solved one.
Limits and risks
The process is slow. Two notice periods plus court time means recovering premises from a tenant who will not leave takes many months even when everything is done correctly.
It is also unforgiving of error. A notice defect discovered at the hearing means starting again from the first notice.
Accepting rent after service can undo the position, so a landlord who takes payment during the process may have created a fresh tenancy.
And an order for possession still has to be executed. A determined occupier can delay execution further, and the landlord is not permitted to shortcut it.
Worth knowing
Get the type of tenancy right before you draft the first notice, because the required period follows from it. Nigerian landlords most often lose recovery of premises cases not on the facts but on a quit notice that was too short for a yearly tenancy, and the case is struck out months later.
Questions people ask
How many notices must a Nigerian landlord serve?
Two. First a notice to quit of the correct length for the type of tenancy, which ends the tenancy. Then, after it expires, a notice of the owner's intention to recover possession, commonly seven days, before filing in court.
How long is the notice to quit?
It depends on the tenancy: commonly one month for a monthly tenancy, three months for a quarterly one and six months for a yearly one, subject to the applicable state law and anything the tenancy agreement provides.
What happens if I skip the seven day notice?
The case is generally struck out for non compliance, and the landlord must start again. Missing the second notice is one of the commonest reasons Nigerian recovery of premises actions fail.
Can I change the locks if the notices have expired?
No. Only a court order, executed by the appropriate officer, lawfully removes a tenant. Changing locks, removing a roof or disconnecting utilities exposes the landlord to claims however much rent is owed.
Does accepting rent after serving notice affect anything?
It can. Accepting rent after a notice to quit may create a new tenancy and reset the process, so a landlord in the middle of recovery proceedings should take advice before taking payment.
What should a tenant check when served with proceedings?
The notice history first. Whether the notice to quit was the correct length for the tenancy type, whether the second notice was served, and whether service can be proved. A defect there ends the case.