COVENANTS IN TENANCY LAW

Please read below a blog visitor's narrative.................

I just relocated to a new house leaving unused one year rent in the old place which is N240,000:00 (Two Hundred and Forty Thousand Naira only) .The landlord has collected the sum of N350,000:00 (Three Hundred and Fifty Thousand Naira Only)  per annum from the new t

enant occupying my flat and he's yet to refund my unused rent. My question now is what will happen if i rent out his house to another person in order to recover my money. Advise me please.

LEGAL OPINION 

First and foremost, you have the right to continue to be in possession of the apartment you paid for till the determination of that tenancy, where you have cause to leave before the expiration of the rent, you may notify your landlord of your plans and appeal to him/her to allow you sublet to another person, it is now left for the landlord/lady to either allow you or not, he is not under any obligation to do so.

The reason why it is so is that most tenancy agreement has a covenant not to 'sublet' to a third party, and these covenants if breached may be used against such tenant and damages will be awarded against such person.

What is Covenant in Tenancy Agreement? 

These are Agreements, Promises,between two individuals to do something or refrain from doing something, such agreements becomes binding between the parties to it.

Types of Covenants?

These covenants may be implied or expressly stated. An example of Implied covenant in Tenancy Agreement is 'tenants right to quiet possession' anyone who has paid his rent deserve to enjoy the premises paid for without unnecessary interference from the landlord or his agents.

The landlord is also not without a covenant, 'landlord's right to collect rent' the landlord also have a right to collect rent from tenant except otherwise stated. Express covenants in agreement are such that are stated and agreed on by the parties , this is binding, an example of express covenants is 'not to sublet' or 'to allow the landlord or his authorized agent to enter into the premises to inspect and effect repairs'

These covenants are not limited to the ones stated above, i will advise you contact your lawyer to interpret all agreements to you before signing.

Thank you.

Oyenike Alliyu-Adebiyi LLB (hons) BL