Different Forms of Tenancy

The Court of Appeal in the case of Bocas Nigeria Ltd v Wemabod Estates (2016, LPELR – 40193 (CA)) classifies the different types of tenancy as:
a) Tenancy at will
b) Periodic Tenancy
c) Fixed-term tenancy
d) Tenancy at sufferance
e) Statutory tenant

Tenancy at Will: Occupancy of premises with the landlord’s consent without a specified term or interest in the property.

Periodic Tenancy: A periodic tenancy can occur monthly, quarterly, or yearly. The specific form of periodic tenancy must be clearly indicated on the tenancy agreement. In the absence of such information in the tenancy agreement, it will be determined by considering the time when rent was paid or demanded.

Fixed-Term Tenancy: As the term suggests, a fixed-term tenancy has a clearly defined duration. It could be for a specified number of months or years. However, the terms must be unambiguous and definite. For example, a year-long tenancy starting on January 1, 2020, will conclude on December 31, 2020.

Tenancy at Sufferance: It is a tenancy that occurs when an individual who has been in legal possession of property wrongfully continues to stay as a holdover after their interest has ended. It might manifest as a tenancy at will or a periodic tenancy.

Statutory Tenant: This concept is akin to tenancy at sufferance, with the distinction that statutory tenancy is recognized under Nigerian Law. If such a tenant is forcibly evicted, the landlord may be held accountable for trespass.

At Lujosh Properties Limited, we ensure that our clients’ properties secure appropriate tenancies for the occupants, mitigating the risk of potential legal disputes that could impact our client relationships.