LAW EXPIRED TENANCY

Expired Tenancy? Don’t Issue a Notice to Quit
by Michael Dugeri August 3, 2017
By Princess Obare Dafiaghor
Most Lawyers inadvertently issue Notices to quit even after the tenancy has been determined by effluxion of time.
Fejiro, my friend, is a yearly tenant. His last payment of rent for one year was made on the 2nd of January, 2016.  His rent expired on the 1st of January, 2017. However, he still resides in the rented apartment and wouldn’t leave because his landlord has not served him with a Notice to quit. He poses as someone who knows his right and as such believes that he cannot be evicted from the apartment without first getting a 6 months’ notice from his landlord.
DETERMINATION OF TENANCY
A tenancy is determined by the effluxion of time: where the period for which rent was paid has elapsed. For instance, Mr. Ako rents a duplex from Mr. Otuk for one year; from 1st January, 2016 to 31st December, 2016. At the expiration of the said one year, the tenancy is determined. Hence, from 1st January, 2017, the tenancy is deemed expired/determined.
Service of the proper notices by the Landlord: where the tenancy is still subsisting, and the Landlord is not minded towards renewal or further renewal (for renewed tenancy),

WHEN IS A NOTICE TO QUIT NECESSARY?
Service of a notice to quit is not always a condition precedent for recovery of premises. A notice to quit is ONLY necessary for the determination of a tenancy, where the tenancy has not been determined.
WHEN IS A NOTICE TO QUIT IRRELEVANT?
Where a tenant is in arrears of rent for a specific period provided by statute, a Notice to quit becomes irrelevant. This is particularly in respect of periodic tenancies. Once a yearly tenant does not pay his/her rent as at when it becomes due for payment, the tenancy is automatically converted to a tenancy at will; which requires only the service of a 7 days’ notice of owner’s intention to recover possession. When I first put up this post, some Learned friends and Colleagues (particularly those practicing in Lagos) put up the argument that periodic tenancies MUST be determined by a notice to quit and that non payment of rent does not change the nature of the tenancy.

NON PAYMENT OF RENT AS AT WHEN DUE CHANGES THE NATURE OF A PERIODIC TENANCY, even in Lagos. This issue was considered by the Court of Appeal, Lagos, in the case of BOCAS NIGERIA LTD v. WEMABOD ESTATES LTD (2016) LPELR-40193(CA). The Court held thus:” Cases of tenancy at will are common where a tenant for a fixed term holds over the property with consent of the landlord while negotiations for further lease are going on. The general rule is that if a tenant pays rent during this period, he becomes a periodic tenant, e.g. if he pays a year’s rent, then he is a yearly tenant. In Odutola V. Papersack Nig. Ltd. (2006) 18 NWLR (Pt 1012) 470 SC, the landlord had permitted the tenant to stay on until 1982 on payment of money as compensation for use and occupation of a warehouse. The tenant stayed on until 1994 when the landlord commenced the action, meanwhile, the tenant paid annually until 1994 when it fell into arrears in its payment. The landlord served a seven-day notice on the tenant on the ground that it was a tenant at will, and thereafter sued to recover possession and arrears for the sum payable for the tenant’s use and occupation of the premises. The tenant argued that the tenancy was converted from a tenancy at will to a yearly tenancy by virtue of the annual payments it made. The trial Court held that it was a tenant at will, and that its tenancy was determined by the seven-day notice served by the landlord. This Court held that the tenancy was not properly determined, and allowed the Appeal. In unanimously allowing the appeal to it, the Supreme Court per Onnoghen, JSC, held thus : ‘- – -From the expiration of the extended tenancy of THORESEN & CO. (NIG) LTD, the original tenant of the 1st Appellant the Respondent was a trespasser on the property, However from the time the Respondent started to pay rent which was on yearly basis, and in advance a yearly tenancy by conduct of the Parties may have been created and continued in existence until when the Respondent stopped paying the rent as and when due and or failed to secure a tenancy agreement for the property – – -From the moment a year’s rent became due and payable by the Respondent but remained unpaid, the yearly tenancy, if any, created by the conduct of the parties thereto came to an end by effluxion of time and the Respondent thereby became a tenant at will of the 1st Appellant by continuing in possession of the property. In law we describe the Respondent at that stage as holding over the property and in that capacity it became a tenant at will. The situation of failure to pay rent continued from 1991 to 1997 yet learned counsel and the Court of Appeal contend that there was a yearly tenancy, – – – – It is not disputed that a tenancy at will is determinable by seven days’ notice of intention of the landlord to recover possession which was duly complied with in this case. Even if six months’ notice was given it does not, per se, change the nature and legal character of the tenancy in issue”. As we can see, in Odutola v. Papersack Nig. Ltd. (supra), the yearly tenancy was converted to a tenancy at will when the tenant stopped paying its rent.“Per AUGIE, J.C.A. (Pp. 18

Once the tenancy has been determined by effluxion of time, a Notice to quit becomes irrelevant. Thus, from the day the tenancy expires by effluxion of time, the landlord is NOT under any obligation whatsoever to issue the tenant a notice to quit. The Landlord is only required to serve the statutory 7 days notice of his intention to recover possession on the tenant. See the case of SPLINTERS (NIG.) LTD V. OASIS FINANCE LTD (2013) 18 N.W.L.R. (PT. 1385) 188 AT 220, where the Court of Appeal per IYIZOBA, J.C.A. held thus:
“I have carefully considered the submissions of counsel, in the case of IHEANACHO V. UZOCHUKWU (1997) 2 N.W.L.R. (PT. 487) 257 AT 268-270, H-A, the Supreme Court set out the procedure for recovery of premises as follows:
“A landlord desiring to recover possession of premises let to his tenant shall:
a)   Firstly, UNLESS THE TENANCY HAS EXPIRED, determine the tenancy by service on the tenant an appropriate notice to quit.
b)   On the determination of the tenancy, he shall serve the tenant with the statutory 7 days notice of intention to apply to court to recover possession of the premises.
c)   Thereafter, he shall file his action in court and may only proceed to recover possession of the premises according to law in terms of the judgment of the court in the action.”
See also AYINKE STORES LTD V. ADEBOGUN (2008) 10 NWLR (PT. 1096)612. As clearly set out in IHEANACHO V. UZOCHUKWU(Supra), it is only when the tenancy has not expired that there will be need to determine same by notice to quit. It is obvious that if at the time the landlord seeks to recover his premises, the tenancy had already expired, it is reasonable to assume that there will be no need for a quit notice. All the Landlord would be required to serve on the tenant would be the statutory 7 days notice of intention to apply to court to recover possession of the premises. … the learned trial judge clearly erred in holding that services of C1P and C1Q are superfluous, more especially, in the case of notice to tenant of owner’s intention to recover possession generally known as 7 days notice. That particular notice must in all cases be served. It is only the quit notice that may be dispensed with when the tenancy has validly expired by effluxion of time.”(Emphasis supplied).
From the forgoing, it is vivid that once the tenancy has expired, a Landlord does not need to serve the tenant with a notice to quit. All that is required is service of the 7 days notice on the tenant. Note that a landlord does not have to wait for months before serving this notice. Like my friend whose tenancy expired on 2nd January, 2017, it is legal to serve him with a 7 days’ notice on the 3rd of January, 2017.

TREATMENT FOR CEASED MENSTRUATION FOR1-5 YEARS

HOW TO GET RID OF SEIZED MENSTRUATION OF 1-5years

This is a tested and trusted recipe

Get 35cl of palm kernel oil (yoruba, adin dudu). (Igbo, udaki) (Efik, mmayang)
10pcs of Ghana seeds..(crushed)
7cubes of St. Louis sugar (Crushed)
 Make sure you scrape every bit of the  grounded seeds in your mortar out.

Do a mixture of the grounded seeds with the sugar also the palm kernel oil in a 5Litre keg Cover tightly. Be shaking it atleast 2 times daily for 6days to ferment

Dosage:
Up to 1-5 years delayed menses take 4tablespoons in the morning after food for three days after the 5th day, take 2tablepoons every morning before food....

It will bring out all the rubbish out of your system in the first 4 days, i.e you will stool frequently you will see what is coming out from your body, It will correct the blockage of the uterus and the fallopian tube and it also help in low libido in a women. To make it work more effectively make sure you finish the dosage you prepared....

Goodluck.
Edward Bassey

EDA

Good afternoon my people here. The brain behind this group you are well done . Eda is a popular problem so many women are facing now . A situation where sperm will be coming out of a woman hmmm. Get ogiri isako from herbs seller , wash it clean , cut it and put it in a container, then add water .  The following day be drinking it as your water. After a week you are good to go .

Internet Parental Guidance

KIDS AND PORNOGRAPHY - 

HOW TO STOP THEM

Do you know what your teenager/younger one is doing on that data enabled phone or iPad??* 

Don't be caught unaware. Pornography is available with just one click. 

How about social media? 

Do you have any control over how much time they spend on it when they should be studying or sleeping? I am sure you worry about these things even though you realize that they need these devices as a means of communication and even learning. 

But as good parents, we must protect the minds of our teenagers and children. I thought it was a joke when my pastor's wife told me that there is a mobile application that I can download, just like I downloaded WhatsApp. 

 I did not believe it could actually protect my son until I tried it out myself. I have visited www.mindguard.com.ng and I have downloaded the parent app on my phone and the digital coach on my child's phone so that I can protect him from the dangers associated with the internet without completely taking his phone away from him. 

The application blocks out pornohraphic websites, gives me the power to set limits on the time he spends on social media, notifies me when he downloads a new app and lets me shut down his phone at bed time from my own phone! 

Ah the peace of mind that this brings is indescribable! My husband is extremely impressed.

May God bless the brains behind this. Lets keep an eye on our kids so that we don't regret it later o! The website is www.mindguard.com.ng Their customer service was also fantastic. *Personally, I am impressed. 

If you care about our children, forward this to all your contacts ASAP.🙏

Www.kiddle.co

Tooth Decay Treatment

Potash
Dried pepper
Alum

Grind 👆 3 together.

Add a little salt & grind again.

Apply the powder to the affected part of the teeth...
You can use lime (osan wewe) to rinse but DO NOT swallow.

That's explanatory enough

Atherosclerosis

Cheeked on a patient and was impress with the ability of nature to heal, she was told she stepped on poison ten (10) years ago and have been suffering from excruciating pain, we knew it wasn't any poison but atherosclerosis as we have help a woman with similar issues some years back. Mostly in the eastern part of the country it is often thought to be poison and just a week into the juice fast detox, her swollen legs have shrunk to almost normal and surface wound that have been discharging heald. The lines on the skin are a proof of how swollen the legs were. All glory to God for the gift of nature. Truly nature heals.
The juice fast detox therapy involves drinking about 3Liters of pure fresh juices of vegetables such as carrots, celery, parsley and beetroots and a liter of potassium broth made from peels of 15 carrot and peels of 15 potatoes, whole chopped beetroots, onion, radish. 50 cloves of garlic, two chopped  bell pepper, chopped finger sized ginger. Put all ingredients in a large pot add water to vegetable level and put on low heat for 1-2 hrs. Sieve bottle and refregerat. Alternate between these two drinks and water throughout the fast period.

I am sorry for posting this late been so busy....
Please pardon me it won't happen again lolz

I want to show you a special treatment for...

1. EPILEPSY
2. LOSS OF MEMORY
3. ANEMIA
4. DIABETES
5. NERVOUSNESS
6. URINARY TRACK INFECTION (UTI)
7. HIGH BLOOD PRESSURE e.t.c

Get a plantain trunk some call it plantain stick or anyone you call it...look for a big mortar Pound it smoothly and squeeze out the juice mix the juice with original honey 35cl..

Children: 2table spoons twice daily
Adult : 4table spoons twice daily

You will always come back to say thank you very much bcos it works like magic..

NOTE:- pregnant mothers and nursing mothers are not allow to take this.....
Long live DIY INT'L, Be creative! Be empowered!!

Bouqui Ademola Abusky Yayi