Tenancy

Who then is a tenant? Under the Rent Control and Recovery of Residential Premises Law – Section 40(i) provides thus:-
"Unless the content otherwise requires "tenant" includes a sub-tenant or any person occupying any premises whether on payment of rent or otherwise but does not include a person occupying Premises under a bonafide claim to be the owner of the premises."
The qualification, therefore, for becoming a tenant under the Law is lawful occupation. See; Ibiyemi Odunje Vs Nigeria Airways Ltd (1987) NWLR (Pt.55) 126; (1987) 4 SC 202; (1987) All NLR 398, (1987) LPELR – SC.135.
However, where a tenant for a fixed term refuses at the expiration of his tenancy to vacate possession and wrongfully, that is, without the consent of the landlord, continues in possession, he would at common law be a tenant at sufferance. A tenancy at sufferance arises where a tenant, having valid tenancy, holds over without the landlord's assent or dissent. Such a tenant differs from a trespasser in that his original entry was lawful, and from tenant at will in that his tenancy exists without the landlord's assent. The tenancy may be determined or terminated at any time; and may be converted into a yearly or other periodic tenancy in the usual way." See; Megarry & Thompson, A Manual of the Law of Real Property 319, sixth edition 1993.

Let me take the issue of new tenancy here. An act of a new tenancy is conscious and specific one which must be a subject of bilateral conduct on the part of the landlord and tenant. As a matter of law, the parties must clearly and unequivocally express their willingness to enter into the new tenancy at the termination of the old one. As a specific act emanating from the landlord and the tenant, it cannot be a subject of guess or speculation. An agreement or contract is a bilateral affair which needs the ad idem of the parties. Therefore where parties are not ad idem, the court will find as a matter of law that an agreement or contract was not duly made between the parties. In the case of Chief Olowofoyeku v. The Attorney-General of Oyo State (1990) 2 NWLR (Pt.132) 369, cited by learned Senior Advocate for the appellants, the Court of Appeal correctly held that where an agreement is intended to be made by several persons jointly, if any of those persons failed to enter into the agreement, there is no contract, and liability is incurred by such of them as have entered into the agreement.