The recent bill sent by governor Babatunde Raji Fashola of Lagos State to the state House of Assembly generates different reactions
By Alex Akinyele
Undoubtedly, many expectations of Lagosians from the administration of governor Babatunde Raji Fashola are being met. And because of his unique style he has been dubbed the ‘unusual governor’. Two weeks ago, the governor also did the unusual. He sent a bill to the Lagos State House of Assembly seeking to stop landlords from collecting advance payment for house rent.
The bill, tagged Tenancy Bill 2009, when passed into law, makes it a criminal offence for landlords to collect advance payment for rent from tenants. According to Olasupo Sasore, the state Attorney-General and Commissioner for Justice, the bill would consolidate all existing tenancy laws in the state and would also reduce the period when landlords commence civil procedure against tenants. Discussions in most homes and offices in the last two weeks were centred on this bill, which many Lagos residents think should ease the pain they go through in the hands of Shylock landlords. But many Lagosians simply do not see how the law can succeed if and when it takes effect. For so long, landlords in the state had been exploiting their tenants, with most of them collecting advance payment for rent ranging from two to five years. To some landlords and agents spoken to, governor Fashola’s new tenancy bill is simply not practicable. Many tenants, however gave kudos to the governor for the initiative and see him as God-sent.
One of the people who think the bill is not practicable is Gabriel Oluwasanmi, Chairman, Alaso Landlords Association, Alagbado, a suburb of Lagos. Oluwasanmi argued that the bill will cause tenants even more pain. He reiterated that landlords will not be willing to give their houses out without advance payment because it is the only way they can raise money for the maintenance of such buildings. According to him, the cost of building materials like cement, sand, stone, labour, water, roads, wood and granite have been on the rise, whereas government has done nothing. Government, he argued, needs to do something to reduce building costs or provide cheap and enough housing for the people. He lamented that many landlords commence building projects that they suddenly realise they are unable to complete due to rising cost of building materials, adding that advance payment taken from tenants help landlords to raise money to complete new building projects.
Kunle Falodun, another landlord in the state kicked against the bill. “Let us be objective here, I know how much landlords spend to buy even land. You are subjected to so many illegal charges that your head will spin, while the government watches unconcerned,” he stressed. He noted that the omo oniles (land owners) even perpetrate anarchy during the construction of buildings and the builder don’t get police protection.’’According to him, government demands and collects land charges from landlords before approving building plans. ‘‘You also bribe them to register your land in your name before paying the agents, while Fashola stands aside unconcerned,’’ he added. Falodun agreed that forcing tenants to pay rent more than one year in advance may be unfair, but noted that as long as the population of tenants that need accommodation remains very high, especially in Lagos, rent will inevitably go up.
Niyi Onalaja, a tenant also speaking on the bill said though it is tough building in Nigeria “it does not make it anyone’s right to collect up to 2 years rent in advance. If this rent thing becomes regulated, landlords will stop giving out houses altogether and will create a black market for them. You as a tenant could start paying monthly, but you may have to put up with some spurious charges. The law may not address such illegal charges. Another tenant, Layi Okesanya compares the on-going debate on the Lagos Tenancy Bill 2009 to what happened after an earthquake in San Francisco, California made the government to put a ceiling on rent prices. Okesanya also recalled that a similar thing happened in New York. But he noted that at the end of the day, it is the masses that will suffer, as they will end up paying more to get accommodation in the state. Most analysts agree that the plan would not have any effect on the economy, but will only lead to more troubles for tenants, especially since government has not built enough low income houses that the masses can access.
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Mr Tee
8 June 2009 13:25Naturally people don’t like change, but change is inevitable. When governor fashola started, that is how people was saying that those changes we are now seeing was not possible, but we can all see it now. Let the bill scale through and let us see whether it will work like all other policies or not. “Gov Fash, go on soun”
Olumide
9 June 2009 21:14This is a difficult task to achieve. The most interesting thing is that there are a lot of tenants that find it difficult to pay their rents as at when due even when some of hem are having the money. The bill will be better if the other side of the coin is taken to cognisance i.e. what will be the penalty for any tenant that fails to pay his rent as at when due since he does not have to pay in advance again. The bill will have to take care of both parties, i.e. the tenants and the landlords before it can work better.
Nnaemeka
10 June 2009 11:39Evil prosper when men of goodwill sit back and do nothing. Fashola is a rare gem,,,,no doubt about it. Lets not bother of head on the workabilty of the bill, let it be passed first…….before nko? What do you expect the landlords to say?….Lets pray the bill sails thru….High blood pressure & heart attack go catch some people and e no go be our fault ke!
Sule Amusa
11 June 2009 13:31Fasola is a great Man but should realise that for this law to work, he must consider the law of demand and supply. The government should provide low cost housing estates for low income earners as Jakandi did during his period. Fasola must incorporate into the law that land owner should not disturb after the purchase of land.Landlord pays Omo onile( land owner) at foundation stage and while roofing the house. The only solution to this problem is for the Governor to provide houses at subsidise rate and allow instalmental payment up to 10 years.
Adeola Oduwole
11 June 2009 19:44It is a good measure really but we need to be realistic in the sense that a lot of things are happening and one continue to imagine if the state is governed or not. Does the government get invoved when a land is purchased and with all sorts of payment to omo-onile (the land owners) at the point of foundation and every other stages that atract levies of all sorts like fence, roofing etc. Infact where the buyer does not have money to develop the building such buy is exposed to threat to dispose his land and will be left with no option than to continue from time to time to bribe the omo-onile with huge amount of money enough to even erect a bungalow, so where is the government at this point, it is only interested in getting approval. Now on the part of the goverment who also demend for a ransome through the lands registry with about N150,000 official payment to procure C of O and about N70,000 mobilization for the officer in charge so why wont rent increase. The government has failed on its own part by not providing affordable houses especially for low income earners not houses of N24m or N40m for who? The truth is that there is no government for the poor and not until this trend is broken we cant move forward. Government should wake up to its responsibility and not inflicting taxes of different definitions on people.
Kenny Majinnasola
12 June 2009 01:10I am in agreement with the governor’s proposal. However, I will appreciate if he could get rid of corrupt civil servantsand politicians who makes life difficult for common man. Most of the houses are owned by civil servants and politicians and they are the ones accountable to the governor and likely to sabotage his good gesture.
Idee Ekulide
14 June 2009 11:34One thing you cannot take away from the Governor is ability to take action and even the will to enforce it.These Landlords in the suburb that are complaining of high cost of building materials in the house they built over twenty years ago will be the first to even obey the edict.By the time government state that all houses without C.OF.O will be pulled down,they will scamper for safety.Nigerians should learn to be their brothers keeper by reducing the advance rent payable to Three,Six or One Year.Afterall,the Tenant is not running away and thats why the Governor wants to reduce the time within which to commence civil proceedings against erring tenants.I think there is something for both parties-Landlords and Tenants but in all for the overall good harmony in Lagos.
nick obi (sensational) china
14 June 2009 17:10Long live governor Fashola you have given the poor mases hope that nigeria can still be good for one adage said a journey of thousand mile begins with a step,Nigeria is the thousand miles while Lagos state is the step,This bill i know some landlords in the house must kick against it but God will never allow them to have their way.THANK you the GOVERNOR for today and tomorrow ur second term is asured by GOD and the mases.