IS IT LAWFUL FOR A LANDLORD TO UNILATERALLY INCREASE RENT WITHOUT RECOURSE TO THE TENANT?
By DESMOND C. ADAMS Esq
Mary Akanbi
26th April, 2024
The answer is No, it is unlawful for a Landlord to unilaterally increase a rent without recourse to the tenant, unless the Landlord and the tenant are ad idem (in agreement). A Landlord’s unilateral decision to increase the amount payable will be ineffective or null and void without effect whatsoever.
See the case of :
COBRA NIG. LTD & ors v. OMOLE ESTATES & INVESTMENT LTD. (2000)LPELR-6809(CA)
“The issue of rent between the Landlord and a tenant is a matter of agreement. The agreement maybe express or implied. The relationship between them too is a contractual one. And being matter of contract, its terms cannot be altered by either party without the agreement of the other….”
See also :
JOVINCO NIG.LTD & ORS v IBEZIMAKO(2014) LPELR-23599(CA).
DESMOND C. ADAMS Esq
For: DESMOND ADAMS & ASSOCIATES
adamsdesmond26@gmail.com
0816-934-5821.