Definition
Termination of a tenancy agreement refers to the end of the period in which a tenant has a legal right to occupy the premises.
The Landlord Tenant Act, 2022 was enacted to regulate the relationship between the landlord and tenant and thus provides for various ways in which this relationship can be ended.
Termination of Tenancy under the Act
The Act further stipulates various ways in which the Landlord-Tenant relationship can be ended. These include: -
- Abandonment (Section 39)
- Death of a single tenant (Section 40)
- Agreement (Section 35)
- Effluxion of time (Section 37)
- Vacation with Consent of the Landlord (Section 36)
- Termination of Tenancy after Notice (Section 38)
Termination of tenancy after notice
Termination of Tenancy under The Landlord Tenant Ac Section 34 is to the effect that termination of tenancy should be done in accordance with the Act or the Tenancy Agreement.
The Act under Section 38 (1) stipulates that a tenancy can be terminated by notice in accordance with the Act or the tenancy agreement. The notice can either be given by a landlord or the tenant.
It is stipulated under Section 3 of the Act, that a tenancy agreement can either be oral, written, or in form of a data message.
From the above analogy, the notice for termination can be oral, written, or in form of a data message. However, it is advised that where there exists a written tenancy agreement, the notice should also be written.
Duration
Section 38(2) stipulates that the notice of termination for residential tenancy shall be as follows: -
- Weekly – 7 days
- Monthly – 30 days
- Yearly- 60 days.
However, a landlord and tenant can agree to notice longer than the statutory time.
Any term or condition in the tenancy Agreement providing for a lesser period than that above is void.
However, it is important to note that the period of the statutory notice is only for residential tenancies excluding tenants of business premises.
Therefore, Landlords and Tenants of Business premises are advised to incorporate into the tenancy agreements, the period of notice in case either party is to terminate by notice.
What happens after the Notice is Given.?
Issuance of the notice does not extinguish either party from their rights and duties they are obligated to perform under the agreement and the Act. Section 38(5)
This imputes that each party enjoys their rights and duties under the agreement until the vacation of the premises by the tenant. Additionally, the notice of termination by the landlord is not affected even if he/she accepts rent arrears or any compensation for use of the premises. Section 42
The tenant, therefore, is expected to vacate the premises upon the expiration of the Notice.
A term or condition in the tenancy agreement providing for a lesser period than the one provided for in the Act is void.
What if the Tenant refuses to Vacate the Premises after the expiration of The Notice?
The common law gives the landlord the right to re-enter and take possession of the premises after the termination of a tenancy. (Megharry and Wade)
This above position is provided for under section 43 of the Act only that he has to do it in presence of the Local Council Officials and the police.
What do we learn?
The new Act provides for the landlord’s right to eject a tenant from the premises after notice without a court order as was required under the repealed Rent Restriction Act Cap 231. Previously, it was both costly and time consuming to procure a court order.
The Landlord’s Right to re-enter and re-possess the property after the Tenant refuses to vacate after Notice is also recognized.
Shortcomings
The statutory period required for the notice under termination by notice is only stipulated for those in occupation of residential premises and not for those in business premises which leaves a loophole in the law.
This leaves the tenant and the landlord of business premises unprotected from unreasonable periods of termination thus causing inconvenience something that this new law sought to remedy.
Way forward
Landlords of residential premises should not give a lesser notice than what is prescribed by the act and further shouldn’t incorporate clauses in the tenancy agreements that prescribe for lesser days.
Tenants and Landlords of business premises should clearly state in their Tenant Agreements the time for either party to give sufficient notice before they vacate the premises so the landlord can have ample time to look for new tenants and the tenant may also have ample time to search and move out of the business premises.