HAS YOUR TENANCY BEEN CONVERTED TO A TENANCY AT SUFFERANCE?

A Tenancy at Sufferance occurs when a lawful tenant overstays the time given to him by the Tenancy Agreement and is yet to vacate the premises. The period between the end of his legal term and his moving out or renewal of the rent, makes the tenant a tenant at sufferance. The current Chief Justice of Nigeria (CJN), Honourable Justice Ariwoola (prior to his ascension as the CJN) gave an insight as to what Tenancy at Sufferance is in ABEKE V ODUNSI (2013) LPELR 20640 (SC) pp 24 para A thus:

“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.”

Therefore, if you lawfully entered into possession of a property as a tenant for a fixed term and you do not vacate the premises after you tenancy and without the consent of your landlord, you are a Tenant at Sufferance.

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