RECOVERY OF RENT ARREARS AND TREATMENT OF DIFFICULT TENANT IN RESIDENTIAL AND COMMERCIAL
ABSTRACT
Recovery of rent arrears has been one of the major problems identified in real estate management. The main purpose of the study is to show the root causes
of default in rent payment and to look at the prevailing methods of rent recovery, and to prier
proper solution to prompt payments. The study will also look into the issue of difficult
tenants and examine the best ways of approaching the matters. Conclusively the .study will provide likely solution to the problems of the recovery rent arrears and treatment of diicult
tenant will be strictly looked into. This study will equally provides recommendation in alleviating the problems identified in this study.
CHAPTER ONE
INTRODUCTION
BACKGROUND OF THE STUDY
Recovery rent arrears and treatment of difficult tenants has been identified as a major set-back in property management. These aspects of management
functions are being confronted with many problems because rent payment depends mostly on income earn from business carried out in the property. These earning and income are usually acted by changing economic condition and personal circumstances of tenants which cannot be predicted and out of control of tenants, the managing agents and the landlord.
This topic no doubt has drawn priority attention in several seminars, symposia and even in one of the annual general conference of the Nigeria institution of
the Estate Surveyors and valuers all with the view to arriving at a lasting solution to the problem. And as all sorts are being channeled towards the
eradication of this incident in the property industry. More cases of the rent default by demands .continue to discourage the eorts.
The urge to write on this topic started when we visit one estate surveyor and valuer called Ajilex property which is located at “itakogun” area of Ilesa, he had
so many properties on his hand with concern was the property that was located at No. 36 Oke Opo GRA at Ilesa. The tenants was arrears of rent for over four
years, and him remit all his rent arrears to the property owner, knowing the legal implication of litigation which will not be in the interest of their client they
continued by the way of dialogue to a point that the landlord decided to take the matter to the point that the landlord decide to take the matter to the court
and it dragged him for more than two years before the matter was pulled out of the court for amicably settlement.
This was a result of the parties unanimously appointing an arbitrator to the matter. The arbitrator’s judgment was accepted by the parties. In this judgment
he made the tenant to see the reason why the rent arrears should be paid to the landlord.
It was equally agreed that the arrears should be paid installment to enable the tenant to cope with the payment, with this issue of arrears treated, the
landlord agreed to carry out his obligations eectively.
The decision on the mode of payment took time before it was resolved. The landlord who claimed that he has lost so much money within the period of arrears and court actions would prefer the total sum paid to him at once. However this request was not
granted by the arbitrator instead he made the landlord to understand why he should accept the quarterly payment.
More so, drastic action cannot be taken to enforce payment of rent on lease hold property unlike chattels which can be taken away by the owner from the
person to whom it is hired for a failure to meet the agreed obligation. Rental payment on leasehold is in respect of right of use, possession and enjoyment conferred on the tenants and act in respect of tangible thing. There is usually a complicated legal relationship between the landlord and the tenants
