Section 16 Rent Control and Recovery of Residential Premises Law

Section 16 of the Rent Control and Recovery of Residential Premises Law of Lagos State 1997 is about Institution of proceedings. It provides as follows:

(1) Upon the expiration of the time stated in any such notice of the landlord’s
intention to recover possession if such tenant neglects or refuses to quit and deliver up possession accordingly, the landlord may apply to the Tribunal for the issue of a writ or enter a plaint as in Form F, at his option either against such tenant or against such person so neglecting or refusing, in the Tribunal in the Local Government area which the premises are situate for the recovery of the same and thereupon a summon as in Form G shall issue to such tenant or person so neglecting.

(2) If mesne profits are claimed and the writ or plaint shows that the rate at which
such mesne profits are claimed in the same as the standard rent of the premises
judgment shall be entered for the ascertained amount as a liquidated claim and if
mesne profits are claimed at the rate of the said rent up to the time of obtaining
possession the judgment shall be extended to include such claim and shall be as in the second alternative in Form J.

(3) Where any summons for the recovery of possession is joined with a claim for
arrears of rent and the defendant admits liability for arrears of rent, the Tribunal
shall upon such admission enter judgment for the arrears of rent and may
subsequently proceed with the claim for the recovery of premises.

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