A lease is
usually prepared by the lessor’s solicitor. This is because the lessor is the
one that has all the facts and information regarding the title to the property.
Again, he (lessor) has a reversion (interest or right) which makes it necessary
for him to detect the terms and conditions under which he will part his with
possession of the demised premises.
Each party
is responsible for his own cost of preparing and vetting the lease, but this
may yield to a contrary agreement as the landlord in most cases makes it a term
for the grant that the tenant will bear the cost of preparing the lease. Where
this is so, then the tenant will be bound and it will become an enforceable
term of the lease.
The
Role of the Solicitor
It is the duty of the lessor’s solicitor
before preparing the lease agreement or Deed of Lease to investigate the title
to the reversion. This is necessary because it may reveal some encumbrances on
the property which may not be apparent from the inspection of the property. You
may also discover from the investigation that certain consents are required
before the grant, example consents of the family head. You will also ensure 
that
you get an accurate plan of the property. All these are to ensure that the
lessee’s client gets a good title.
that
you get an accurate plan of the property. All these are to ensure that the
lessee’s client gets a good title.
The
intended lessee does not have the right to call for the title to the reversion,
this is because the obligation of the landlord is to give quite possession, he
is not bound to show absolute title. Again, this may yield to a contrary
agreement: section 70(2) of the Property and Conveyancing Law and
section 2 of the Vendors and Purchasers Act of 1874. If the property to be
leased is a family property that has not been partitioned, it is
important to get consent of the family head and the principal members: Essien
v. Etukudo (2009) All FWLR (Pt. 496) 1886.
Particulars
of Information Required to Create a Lease
The
relevant information required by a solicitor when preparing a lease include the
following –
i.
Particulars of the parties: names,
addresses, occupation, phone number, email, age, etc;
ii.
Date the lease is expected to commence
iii.
Duration of the lease
iv.
Property being let, its detailed
description as well as location and whether only parts of the property/premises
are being let;
v.
Rent payable and the method of payment
either in advance or arrears;
vi.
Undertaking (covenants) to be performed
by the lessee and lessor, respectively;
vii.
Party to insure the property as well as
the duties and liabilities in respect of the insurance policy;
ix.
Witness to attest the agreement: names,
address, occupation and phone number.
©Onyekachi Duru Esq and www.legalemperors.com,
2016. (All Rights Reserved) Unauthorized use and/or duplication of this
material without express and written permission from this site’s author and/or
owner is strictly prohibited. Excerpts and links may be used, provided that
full and clear credit is given to Onyekachi Duru Esq and www.legalemperors.com with
appropriate and specific direction to the original content.