It is not disputed that a tenancy at will is determinable by seven days notice of intention of the landlord to recover possession which was duly complied with in this case. Even if six months notice was given, it does not, per se, change the nature and legal character of the tenancy in issue.
In the case of Pan Asian African Co. Ltd. v. National Insurance Corporation (Nig.) Ltd. (1982) All NLR 229 at 243, this court has this to say:
"Holding over with the consent of the landlord made the respondent tenants at will. This is well settled law. See the Law of Real Property by R.E. Megary and H.W.R. Wade, 4th edition page 638 where the learned authors deal with creation of tenancies at will.
A tenancy at will arises whenever a tenant with the consent of the owner occuppies land as tenant (and not merely as servant or agent) on terms that either party may determine the tenancy at any time. This kind of tenancy may be created expressly (e.g. Manfield & Sons Ltd. v. Botchin (1970) 2 QB 612) or by implication, common examples are where a tenant whose lease has expired holds over with landlord's permission without having yet paid rent on a period basis. (See Meye v. Electric Transmission Ltd. (1942) Ch. 290), where a tenant takes possession under a void lease or person is allowed to occupy a house rent free and for indefinite period and (usually) where a purchaser has been let into possession pending completion. Howard v. Shaw (1841) 8M & M W118
Wheeler v. Mercer (1957) AC 416 at 25. Unless the parties agree that the tenancy shall be rent free or the tenant has some other right to rent-free occupation the landlord is entitled to compensation for the 'use and occupation' of the land."
But I think I can make the point clearer by taking section 15 (1)(a) of the Rent Control and Recovery of Residential Premises Law, Cap. 167, Laws of Lagos Stare. The subsection provides:
"Where there is no express stipulation as to the notice to be given by either party to determine the tenancy the following periods of time shall be given: (a) in the case of a tenancy at will or a weekly tenancy, a week's notice."
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