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CONFLICT RESOLUTION IN LANDLORD AND TENANT RELATIONSHIP

CONFLICT RESOLUTION IN LANDLORD AND TENANT RELATIONSHIP:  A CASE STUDY OF LAGOS METROPOLIS

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CHAPTER ONE

INTRODUCTION

1.0 Background of study                                                     1

1.1 Statement of Research problem                                      2

1.2 Aim and objectives                                                                2

1.3 Research questions                                                               3

1.4 Justification of study                                                      3

1.5 Limitation of study                                                         4

CHAPTER TWO

LITERATURE REVIEW

2.0 Introduction                                                                  5

2.1 Creation of landlord and tenant relationship                      5

2.2 Socio economic justification of the relationship                  8

2.3 Termination of the relationship                                                10

2.4 Conceptual framework and definition                                       11

2.5 Causes of conflict in landlord and tenant relationship         13

2.6 Consequences of conflict in landlord and

tenant relationship                                                         15

2.7 Conflict Resolution                                                         16

CHAPTER THREE

RESEARCH METHODOLOGY

3.1 Description of study area                                                       23

3.2 Research design and source of data                                        23

3.3 population 0f study                                                        24

3.4 Sampling technique and determination of sample size               24

3.5 Procedures for data collection and analysis                               25

 CHAPTER FOUR

 PRESENTATION AND ANALYSIS OF DATA

4.1 Presentation and analysis of data                                    26

CHAPTER FIVE

 SUMMARY OF FINDINGS, RECOMENDATIONS AND

CONCULSION                                                                 

5.1 Summary of findings                                                     36

5.2 Recommendations                                                         36

5.3 Conclusion                                                                    37

5.4 Suggestion for further study                                           38

References                                                                39

Appendices                                                                        48

 

 

LIST OF TABLES

Table 0.1:  Summary of critical selection criteria in dispute resolution

Table 1:  distribution of Respondents                                            26

Table 2:  Accommodation Distribution                                            27

Table 3:  Mode of creation of Tenancy                                           28

Table 4:  Main causes of landlord and tenant conflicts                     28

Table 5:  Money related causes of conflicts in landlord and

Tenant relationship                                                                29

Table 6:  The methods adopted in resolving landlord and

tenant conflicts                                                            29

Table 7:  Non- litigation method of resolving landlord and

tenant conflict                                                               30

Table 8:  Litigation time used in resolving landlord and

tenant dispute                                                             30

Table 9:  ADR time used in resolving landlord and tenant conflicts                                                                                                    31

Table 10:   Cost of resolution of conflicts in landlord and

Tenant using Litigation                                                   31

Table 11:   Cost of resolution by alternative dispute resolution method                                                                                                      32

Table 12:   Respondent – Litigation’s impression of litigation                    32

Table 13:   Effectiveness of ADR over litigation                                       33

Table 14:   Prominence of rental issue in landlord and tenant conflict                                                                                                        33

 

 

 

 

ABSTRACT

Landlord and tenant relationship is a common everything phase describing the legal relation existing between the lessor and lessees of that estate which is created whenever one person ( lessor) vests on another person (lessee) the right to exclusive possession and use of a given real property for a duration certain or capable of ascertain ability. This study is aimed at determine the causes of conflicts in landlord and tenant relationships and resolution of the conflict with a view to proffering more dynamic landlord and tenant conflict resolution strategies.

In landlord and tenant relationship, conflict can prevent landlord from earning a fair returns on his rent accruing from the property just as the desire of the tenant to derive maximum utility from his occupation will suffer defeat.

To aid carrying out this study, two types of data will be applied. These are based on primary and secondary source of data collection.

 

 

 

 

 

 

 

 

 

 

CHAPTER ONE

        INTRODUCTION

  • BACKGROUND OF STDUY

The objectives of landlord and tenant relationships is to enable the landlord look after and maintain his property in order to keep at-float in the property market in order to gain optimal returns from the property while tenants, on the order hand, want the best value for the rent paid and all the services stipulated during lease negotiations.

Hence lease is both a contract and a conveyance it sets forth the terms of the agreement between the parties (landlord and tenant).it enables the landlord regulate tenant occupation while enabling tenant known precisely his right and obligations for his occupation.

The history of landlord and tenant relationship socio-economically and legally, dates back to creation when the first landlord the lord God, leased his property the Garden of Eden to the tenant Adam to “dress it  and to keep it, and to freely eat of every tree of the Garden” while the tenant like manner and without denying or tampering with the landlords reversionary interest, the breach of which was epitomized by eating of the tree of the knowledge of good and evil Gen(2 : 15-4).

The social and economic contributions of landlord relationship recommend the relationship for proper attention and protection to ensure cordiality in its operations.

This research was informed by the personal desire of the researcher to find solution to the problems besetting the relationship with a view to ensuring its peaceful and beneficial existence since that forms the bedrock of successful property management.

 

 

 

1.1 STATEMENT OF RESEARCH   PROBLEMS

An essential ingredient in the achievement of the objective of landlord and tenant in entering into contract is cordial relationship although the interest of the parties are not mutually exclusive, conflict in the relationship can prevent landlord from earning a fair returns on his investment in the property just as the desire of the tenant to derive maximum utility from occupation will also suffer defeat, the society will be worse of it.

Therefore, to give opportunity to all ranks of interests associate with the particular property to be exercised without friction the lease sets out rights and obligations for both landlord and tenant.

Today neither the landlord nor the tenant meets his obligations under the lease because with the steady fall in the real value of his income the tenant finds it difficult to pay his rent promptly or sufficiently of utility bills. The landlord still wants to derive maximum utility from his temporary occupation. The obvious consequence is conflict in relationship between landlord and tenant, and the objective of the relationship will hardly be realized in the presence of conflict.

1.2   AIM AND OBJECTIVES

The main aim of this study is to proffer resolution of conflict which has being in existence between landlord and tenant relationship.

The following objectives will be adopted to achieve the aim:

  • To ascertain causes of conflict in landlord and tenant relationship.
  • Identify methods adopted in resolution of these conflicts
  • Assess method adopted in resolution of the conflict
  • Identify and recommend ways of improving resolution of conflicts in landlord and tenant relationship.

1.3   RESEARCH QUESTIONS

Against the above background, this study was undertaking to address the following research question:

1 what constitute a landlord and tenant?

2 what are the causes of conflict in landlord and tenant relationship?

3 what are the consequence of conflict between a landlord and tenant?

4 what are the method to be adopted in  conflict resolution

5 what are the benefits of conflict resolution in landlord and tenant relationship.

1.4 JUSTIFICATION OF STUDY

This study will be of immense assistance to both landlord and tenant in maintaining a cordial relationship for peaceful co-existence and also to the estate surveyor and valuers in clear understanding of lease terms and enforcement of leases on both the landlord and tenant from the initial stage to the conclusion of the lease agreement to avert conflicts.

STUDY AREA

According to Oni (2009) Lagos is the largest city in Nigeria with the estimates of its population varying considerably but generally range from 10 to 15.5 million people. It is the second largest city in Africa located at 6(degrees) 34’ 60”N, 3(Degrees) 19’ 59”E along the West Africa coast. It is the former capital city of Nigeria replaced by Abuja on 12th December 1991 but remains the commercial centre of Nigeria the city of Lagos is expected to hit 24.5 million population marks and thus be among ten most populous cities in the world by the year 2015.

The Lagos metropolitan area spreads over much of Lagos state, which itself covers an area approximately 3,345 square kilometres. It is located on four principal islands and adjacent parts of mainland by bridges and landfills, with major sections of the metropolis that include the old city serving as the commercial district on western Lagos island Ikoyi island is situated east of Lagos island and joined to it by a landfill, while Apapa is the chief port district located on the mainland- other components of the metropolis are Victoria island, industrialised Iddo island consisting of mainland suburbs, Ebute meta, Yaba, Surulere, Ajegunle, Shomolu, Agege, Mushin and Ikeja (Oni, 2008).

Research of this study is carried out only on landlord and tenant of developed properties occupied for residence and commercial that are being managed by Estate surveyors and Valuers in Lagos metropolis were investigated.

LIMITATION