LANDLORD VS. TENANT: WHO IS RESPONSIBLE FOR REPAIRS?

Understanding the Legal Responsibility for Repairs and Maintenance of Rented Premises in Nigeria

One of the most common sources of disagreement between landlords and tenants is the question of who should pay for repairs when something goes wrong in a rented property.

A roof begins to leak.
A pipe bursts.
The toilet becomes faulty.
The walls develop serious cracks.
An electrical installation stops working.
A door or window is damaged

So, who is legally responsible?

The answer is not simply “the landlord” or “the tenant.” The responsibility generally depends on the nature of the defect, the cause of the damage, the terms of the tenancy agreement, and the applicable tenancy law.

THE TENANCY AGREEMENT IS THE FIRST PLACE TO LOOK

Before determining who should carry out or pay for a repair, the parties should examine the tenancy agreement.

A tenancy agreement may contain specific provisions dealing with:

1.Structural repairs

2. Plumbing and sanitary facilities

3. Electrical installations

4. Painting and decoration

5. Replacement of fixtures and fittings

6. Maintenance of common areas

7. Repairs arising from negligence or misuse

7The procedure for reporting defects.

Where the parties have expressly agreed who is responsible for particular repairs, those contractual terms are highly important, subject to applicable law.

This is why tenants should not sign tenancy agreements without understanding the obligations imposed on them.

WHAT REPAIRS ARE GENERALLY THE LANDLORD'S RESPONSIBILITY?

As a general principle, a landlord is ordinarily expected to deal with major structural and substantial defects affecting the property, particularly where the defect is not caused by the tenant.

Examples may include:

Structural defects

Serious defects affecting the structure of the building, such as substantial deterioration of walls, foundations, roofing or other structural components, will generally fall within the landlord's responsibility, depending on the circumstances and the terms of the tenancy.

Major roof defects

If a roof begins to leak because of age, deterioration or a structural defect rather than the tenant's conduct, the landlord would ordinarily be expected to address the problem.

Major plumbing defects

Where pipes or plumbing installations fail through ordinary deterioration or an inherent defect, the responsibility may generally rest with the landlord, unless the tenancy agreement provides otherwise or the tenant caused the damage.

Defective electrical installations

Major defects in the property's permanent electrical installations may similarly require the landlord's attention, particularly where they result from deterioration or defects in the installation rather than the tenant's actions.

The important distinction is between ordinary deterioration of the property and damage caused by the tenant.

WHAT REPAIRS ARE GENERALLY THE TENANT'S RESPONSIBILITY?

A tenant is not automatically responsible for every defect that occurs during the tenancy.

However, a tenant may be responsible for repairs where the damage results from the tenant's negligence, misuse, deliberate act, or that of persons occupying or visiting the premises with the tenant's permission.For example, if a tenant:

1. Breaks a door through improper use

2. Damages a window

3. Destroys a toilet fixture through negligence

4. Damages electrical fittings through improper use

5. Deliberately damages walls or other fixtures

6. Causes a blockage through improper disposal of materials,

the tenant may be required to bear the cost of putting the property back into the appropriate condition.

The principle is straightforward:

A tenant should not ordinarily be made to pay for deterioration that naturally occurs from reasonable use of the property, but a tenant may be liable for damage caused by the tenant's own conduct.

FAIR WEAR AND TEAR IS NOT THE SAME AS DAMAGE

This distinction is extremely important.

Fair wear and tear refers to the natural deterioration that occurs when premises are used reasonably over time.For example, after several years of ordinary occupation

1. Paint may fade

2. Carpets may become worn

3. Door handles may deteriorate

4. Fixtures may naturally age

5. Certain installations may require replacement because of ordinary use and age.

Such deterioration should not automatically be treated as damage caused by the tenant.By contrast, if a tenant deliberately breaks a fixture or causes damage through negligence, the situation is different.Therefore, a landlord cannot simply describe every deterioration as “tenant's damage” and demand payment.

WHAT IF THE LANDLORD REFUSES TO CARRY OUT NECESSARY REPAIRS?

A tenant should not immediately resort to withholding rent merely because the landlord has failed to carry out a repair.

This is because rent and repair obligations are separate legal issues, and the tenancy agreement and applicable tenancy legislation must be considered.

The tenant should ordinarily:

1. Notify the landlord of the defect;

2. Clearly describe the problem;

3. Make the notification in writing where possible;

4. Keep photographs, videos and other evidence;

5. Give the landlord a reasonable opportunity to address the problem; and

6. Seek appropriate legal advice where the landlord refuses to act.

Depending on the circumstances, the tenant may have legal remedies available.

However, tenants should be cautious about unilaterally deducting repair expenses from rent unless the tenancy agreement or applicable law clearly permits it, or appropriate legal steps have been taken.

WHAT IF THE REPAIR IS AN EMERGENCY?

Some defects require immediate attention.

For example

1. A major water leak

2. Dangerous electrical faults

3. Serious structural damage

4. A collapsed ceiling

5. A defect creating an immediate risk to occupants.

In such circumstances, the tenant should promptly notify the landlord or the landlord's authorised agent.

Where immediate action is reasonably necessary to prevent serious damage or danger, the tenant should preserve evidence of the emergency, the notification given to the landlord, and any expenditure incurred.

Whether the tenant can recover such expenditure from the landlord will depend on the circumstances, the tenancy agreement and applicable law.

CAN A TENANT BE EVICTED FOR REFUSING TO PAY FOR REPAIRS?

Not every disagreement over repairs gives a landlord the right to evict a tenant.A landlord must follow the lawful procedure for recovering possession of rented premises.

A landlord generally cannot simply

1. Change the locks

2. Remove the tenant's belongings

3. Disconnect essential services as a means of forcing the tenant out

4. Use force to eject the tenant,merely because there is a disagreement concerning repairs or rent.

The proper procedure depends on the applicable tenancy law, the nature of the tenancy and the circumstances of the case.

CAN A LANDLORD ENTER THE PROPERTY TO CARRY OUT REPAIRS?

The landlord's ownership of the property does not necessarily mean that the landlord can enter the premises whenever he or she wishes.A tenant has a right to peaceful and undisturbed enjoyment of the premises, subject to the terms of the tenancy and applicable law.Where repairs or inspections are necessary, the landlord should generally comply with any notice or access requirements contained in the tenancy agreement and applicable law.The tenant should also not unreasonably prevent the landlord from accessing the premises where lawful repairs or necessary inspections need to be carried out.In other words, the landlord retains ownership, while the tenant retains lawful possession and occupation during the tenancy.

WHAT IF THE TENANT MAKES REPAIRS WITHOUT THE LANDLORD'S PERMISSION?

Tenants should exercise caution before carrying out substantial repairs themselves.For minor maintenance, the tenancy agreement may permit the tenant to handle certain matters.

However, for major repairs, alterations or structural works, a tenant should ordinarily notify the landlord and obtain the necessary consent where required.A tenant who makes significant alterations without authority may create additional legal problems, even where the tenant believes the work was necessary.It is therefore advisable to:

Notify first. Document everything. Obtain consent where required. Keep receipts.

WHAT DOES THE LAW SAY IN NIGERIA?

Tenancy matters in Nigeria are governed by a combination of contractual principles, applicable tenancy legislation, common-law principles and relevant judicial decisions.Importantly, tenancy regulation is not governed by one uniform statute applicable in exactly the same manner throughout Nigeria.

For example, different states have their own tenancy legislation, and the application of particular statutory provisions depends on the location of the property.

The Tenancy Law of Lagos State 2011, for instance, contains provisions regulating aspects of the relationship between landlords and tenants in Lagos State.

Accordingly, a landlord or tenant should not assume that a rule applicable in Lagos automatically applies in exactly the same way in Oyo State, Abuja or another jurisdiction.

PRACTICAL STEPS FOR TENANTS

If you are a tenant and something in the property needs repair:

1. Report the defect promptly.

Do not wait until a small defect becomes a major problem.

2. Put your complaint in writing.

WhatsApp messages, emails, letters and other written communications can help establish what happened.

3. Take photographs and videos.

Document the condition of the property.

4. Check your tenancy agreement.

Know what you agreed to maintain.

5. Keep receipts for approved expenses.

If you are authorised to carry out repairs, preserve evidence of the expenditure.

6. Seek legal advice where necessary.

Particularly where the defect affects safety, habitability or your rights under the tenancy.

 PRACTICAL STEPS FOR LANDLORDS

Landlords can equally reduce disputes by adopting proper procedures.

1. Inspect the property before letting it

2. Document its condition at the commencement of the tenancy

3. Clearly allocate repair responsibilities in the tenancy agreement

4. Respond promptly to genuine repair complaints

5. Keep records of repairs carried out

6. Distinguish ordinary wear and tear from tenant-caused damage

7. Use lawful procedures when dealing with tenancy disputes.

A landlord who ignores a serious defect may allow a relatively small problem to become a costly dispute.

CONCLUSION: 

The landlord is generally expected to deal with major defects and structural issues that are not attributable to the tenant, while the tenant may be responsible for damage caused by negligence, misuse or deliberate acts.

But the final answer in any particular case requires consideration of:

the tenancy agreement, the nature of the defect, the cause of the damage,applicable tenancy law, the facts of the case.

The most important lesson for both parties is simple:

Do not assume. Check the agreement, document the problem, communicate properly and understand the law applicable to the property.

A landlord's ownership does not make the landlord responsible for every form of damage, just as a tenant's occupation does not make the tenant responsible for every defect in the property.

Where a repair dispute cannot be resolved amicably, professional legal advice should be obtained before either party takes steps that may worsen the situation.

DISCLAIMER

This article is provided for general legal education and information only and does not constitute legal advice. Landlord-tenant rights and obligations may differ depending on the location of the property, the terms of the tenancy agreement and the facts of each particular case. Persons involved in a tenancy dispute should consult a qualified legal practitioner for advice based on the specific circumstances of their matter.

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