Where there is no stipulation as to the notice to be given by either party to determine the tenancy, the following shall apply-
(a) a week’s notice for a tenant at will;
(b) one (1) months’ notice for a monthly tenant;
(c) three (3) months’ notice for a quarterly tenant;
(d) three (3) months’ notice for a half-yearly tenant;
(e) six months’ notice for a yearly tenant
Such Notices need not terminate on the anniversary of the tenancy but may terminate on or after the date of expiration of the tenancy.
In the absence of any evidence to the contrary, the nature of a tenancy shall be determined by reference to the time when the rent is paid or demanded (ought to be paid).
Where the tenant remains in possession beyond the expiration of the due notice, your lawyer needs to proceed, by serving on the tenant, the seven (7) days written notice of intention to apply to recover possession
In the case of a tenancy for a fixed term, no notice to quit shall be required once the tenancy has been determined by effluxion of time and where the landlord intends to proceed to court to recover possession, he shall serve a seven (7) days written notice of his intention to apply to recover possession
Where a person is a licensee and upon the expiration or withdrawal of his licence, he refuses or neglects to give up possession, he shall be entitled to service of a seven (7) days notice of the owner’s intention to apply to recover possession
Dealing with tenants in arrears of rent:
- In the case of a monthly tenancy, where the tenant is in arrears of rent for six (6) months, the tenancy shall lapse and the court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord.
- In the case of a quarterly or half-yearly tenancy, where the tenant is in arrears of one (1) year rent, the tenancy shall lapse and the court shall make an order for possession and arrears of rent upon proof of the arrears by the landlord.
Where the house is abandoned by the tenant
A premises will be deemed to be abandoned where the-
(a) Tenancy has expired; and
(b) Tenant has not occupied the premises since the tenancy expired and has not given up lawful possession of the premises.
A seven (7) days’ notice of the landlord’s intention to recover possession shall then be issued, which shall be served by pasting the notice on the abandoned premises; and thereafter an application is made to the Court for an order for possession and an order to force open the premises.