Suggestion On The Need To Revivify Rent Control And Regulation Law In Lagos State.

In many of my previous posts, I have discussed extensively on the reasons that might make anyone arrogate the power and the right to increase rent incessantly and preposterously as well as the need to revivify the rent control laws by adding the missing elements and the fundamental provisions that would make its intended aim come to fruition.

The major reasons for this condemnable act by homeowners is the inadequacies, lack of flexibility, creativity and failure of the tenancy and the rent control and regulation law to evolve with time in order to deal with changes in the industry as well as its inability to address and explicitly delineate in details how some specific issues and concerns in the sector should be dealt with.

As a result many people especially occupiers in lease contract agreement with property owners are left in the lurch because the tenancy law and the rent control laws which expectedly are intended to guide against illegal and incessant increase in rent, checkmate excessive activities of homeowners as well as protect the interest of the occupiers is not in anyway effective and not functioning or it could as well be obsolete to be considered as option by many.

If you ask me, nothing seems to be working at the moment in Nigeria except for a few who are manipulating everyone and taking undue advantage of every opportunity and situations at the expense of majority of the people.

Besides, I wonder if we could be that country with excellent and purpose driven good laws, acceptable to all that is focused on protecting the interest of all its citizens regardless of their societal class, race, and ethnicity.

I strongly believe that if we have good laws or a self cleansing systems in place that everyone could trust and have confidence in to take care of their concerns that could objectively resolve and handle their issues and problems with no bias or sentiments as we have in the past.

A system that will prevent having square pegs in round hole, which can and will over time by itself filter out bad eggs in all our systems and institutions, judiciary, legislative, education, Oil and Gas, telecommunication, the armed forces, schools, public and private establishments, etc.

This will once again raise the hope of many Nigerians because many of us were trained in an organized set up where you simply get what you put into something, to simply put it the outcome or result you get for what you do heavily depends on your effort and input into that thing but surprisingly its not the same now because of the high level of disregard for honesty, diligence, integrity and excellence.

I would love to state that if we don’t do anything about the system we all have at moment which obviously is not working, there is no amount of national conference, restructuring, policies changes and enactment of laws that will change the egregious situations we find ourselves in now.

And we shall keep on frittering away our scarce resources and money all in the name of trying to fix our economic, social and political differences via holding endless meetings, conferences, introducing new policies and laws to address some of these problems which often is one of the numerous ways our leaders loot and launder public funds into private pockets on the pretext of funding an already established cockeyed project that will be of no beneficial to the people.

If we can do all it takes to work out, design and put in place functional systems in all sectors that is self cleansing, I am convince that every other thing will fall into place and we can begin to build our future on integrity, excellence, diligence, patriotism, honesty, loyalty and hardwork and not on our defects as we have now.

The great news is that because its self cleansing systems, the brighter and promising the future will be for everyone, unlike what we have now where everyone is ever ready to query every outcome of any action, decision and situation subjectively regardless of the outcome because of lack of trust and confidence in government and our laws which seem to be too strong for the weak and too weak for the strong and mighty in the society.

We must work our way back to improving upon our polity and our systems, this will go a long way to boost the confidence of the people, win the trust and loyalty of everyone because what a self cleansing system does is to promise a better tomorrow and better days ahead even in the face of defeat, hardship and adversity due to economic downturns, social and political problems.

The fact that people understand and believe that self cleansing systems always speak the minds of the everyone and this is obvious and perceptible in the structure, reputable management, diligent human resource and successes recorded in some institutions which is directly a function of the quality of the system they operate in and can best seen in the results, achievements and outcome of such institutions.

I must apologize for digressing a little bit from the aim of this post but sincerely I find this very necessary and important for me to address the issues and let our leaders understand that if the root cause of any problem is ignored then whatever measures or action taken to resolve the problem will only be band-aids as it would not permanently solve the problem or give a long lasting solution.

Let’s dive into the discussion and as stated earlier in this post that we can only see changes and finally put a stop to the incessant rent increase if and only if the government promulgate laws that would be reasonable and acceptable to all, that would help to lawfully place restrictions and limit to rent and rent increment.

Also the laws must assure the people that rent increase and increment on rent should and must be subject to the approval of the rent control regulatory body to guide against unlawful and incessant rent increase. I know we can achieve this if we revisit the rent control laws to amend, include or add the missing elements in the previous rent control law.

I need not belabour the importance and the benefits of amending, redesigning if possible to revivify the tenancy law and the rent control laws and if you ask me the rent control laws and the tenancy law are not comprehensive enough to handle many issues and concerns of both the homeowners and occupiers because it lacks some fundamental provisions, flexibility and creativity.

It might interest you to know that, we actually have rent control laws but over time it gradually petered out due to lack of essential elements to make it a success as well as its inability to effectively cope with the current realities, emerging contentious issues and concerns as it affects the property owners and occupiers and of course the rapidly changing world which we must adjust to from time to time if we don’t want to be left behind.

The reasons for this in my opinion is our poor and dishonest analysis, assessment and evaluation of ideas and initiatives, poor and execrable implementation or execution of the rent control laws and the inability to sustain the laws or programs. It can also be linked to inaccurate or misjudgment of what the future potent for all of us.

Our improvidence and unfuturistic approach to addressing and solving our problems, the ineffective and inefficient court system is also not helping much because many homeowners and property owners lose most of their investment earnings to eviction lawsuit proceedings in court which most times take two or one year if you are lucky to get judgment for taking possession.

These inadequacies are more than enough to corrode the entire rental investment property plan or goals for investors or property owners and it can as well turn an investment asset into instant liability because of the unnecessary delay in getting judgment even on the lightest of cases.

We can have a more vibrant and creative tenancy law and rent control and regulation laws that will regulate and control all activities of all the parties as well as checkmate all the excesses of both the homeowners and occupiers if only the government seriously considers addressing this problem from the root source to tackle them  and come up with a much more flexible, long lasting solutions to revivify the rent control law and of course the tenancy law.

A well develop rent regulation and control is fundamentally an encompassing instrument that is carefully design to take care of all elements that will not only ensure the success of the program but also sustain it. It is a one in all or an all in one instrument that takes care of rent increase, unreasonable rent increase as well as rent overcharges.

The factors that are often considered in arriving at or determining the actual rent to be paid by an occupier for a particular type of home or apartment in a particular location are determined thus; the location in which the property is located is valued, the square meter of the property is determined and also valued, the type of building, the quality of the rental service and of course the improvements made in the building from time to time be it major capital or individual apartment improvements.

The rent control law as a result of this simple analysis protects adequately the interest of the occupier in a lease contract agreement with any property owner from unnecessary harassment, illegal and incessant rent increase, unlawful eviction and most times occupiers are entitled to lease renewal by default with the initial lease contract.

The rent control law also encourages property owners to provide quality rental services to their occupiers, maintain and to make improvement on their rental investment apartment or building if they want to be compensated by the government through numerous tax savings, benefits, deductions and depreciation on components and the building as well as qualify for or get approval for rent increase request from the rent control agency which is usually based on the improvements made in the building or apartment.

The rent control law also establishes some kind of ceiling in rent for each apartment unit in a building which is review and adjusted every two or three years to reflect changes in operating cost as well as to ensure its conformity with the economic realities of the year under consideration.

If the occupier is not happy and satisfied with the rental service he or she is getting from the property owner, the rent control law encourages them to lodge complaints on issues that border on safety and health condition of the building, incessant and unreasonable rent increase, issues of harassment, poor rental service and of course any other form of violation on their rights with the rent control and regulation body.

The element of surprise here is that, If any homeowner is found wanting or guilty by the court of any violation of the rent control laws and the occupier on the other hand is exculpated of the case and there exist overwhelming prove and evidence of impropriety then such homeowners are subjected to some form of punitive punishments and penalties which most times are usually in three folds refund to the occupier.

I think we should round off here for today and hope that the government who be bold enough to confront some of these issues and concerns and address them by providing permanent and long lasting solutions to these ever contentious issues and concerns of the homeowners and the occupiers.

 

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Best of Luck!

Thanks

Olatunbosun Idowu

For Ordiez Resources Inc

@ordiezresources

 

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