Section 36 Rent Control and Recovery of Residential Premises Law

Section 36 of the Rent Control and Recovery of Residential Premises Law of Lagos State 1997 is about Interpretation. It provides as follows:

In this Law, unless the context otherwise requires—
“accommodation” includes residence so approved by the building approving
authorities designated by the State as residences regardless of user, all buildings
used as residences as from the commencement of this Law and all other buildings
whether or not approved by the building approving authorities or used as residences;

“agent” means any person usually employed by the landlord in the letting of the
premises or in the collecting of the rents thereof or specially authorises to act in a
particular manner by writing under the hand of the landlord;
“functions” includes powers and duties;

“High Court” means the High Court of Lagos State;

“landlord” in relation to any premises means the person entitled to the immediate
reversion of the premises or if the property therein is held in joint tenancy or
tenancy in common, any of the persons entitled to the immediate reversion and
includes—
(a) the attorney or agent of any such landlord; or
(b) any person receiving (whether in his own right or as an attorney or agent) any
rent from any person for the occupation of any accommodation in respect of which
he claims a right to receive the same;

“mesne profits” means the rents and profits which a tenant who holds over or a
trespasser has or might have received during his occupation of the premises and
which he is liable to pay as compensation to the person entitled to possession;
“premises” includes a house or building or any part thereof together with its gardens
or other appurtenance;

See also  Section 18 Property and Conveyancing Law (PCL) Nigeria 1959

“prescribed” means prescribed by this Law or regulation and orders made
thereunder;

“rents” includes any consideration or part of any crop rendered, or any equivalent
given in kind or in labour, in consideration of which a landlord has permitted any
person to use and occupy any land, house, premises, or other corporeal
hereditament;

“the rules” means the rules for the time being in force relating to the practice and
procedure of the courts in the exercise of their respective civil jurisdiction made
under the law by which such courts were established or any law amending the same;

“standard rent’ means in relation to any accommodation any rent fixed by order of
the Tribunal under section 1 of this Law;
“State” means Lagos State of Nigeria;

“tenant” includes a sub-tenant or any person occupying any premises whether on
payment of rent or otherwise but does not include a person occupying premises
under bona fide claim to be the owner thereof.
Application to all leases
(2) The provisions of this Law shall apply to all leases in respect of the premises to
which this Law applies.

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