A tenant is one who meets certain criteria vis-à-vis” payment: (i) identified as a (tenant) in the lease/tenancy agreement (name, addresses included in this document, (ii) in exclusive possession; (iv) in occupation; (v) whose relationship with the landlord is intentionally created. These 5 features will prove whether one is a tenant or not. Anyone that does not satisfy these 5 points is not a tenant.
A license: one permitted for a specific period, may not involve payment. A license has no legal interest/intention with the landlord. To be in effective occupation of a property means that a tenant must be physically there not to lock the door and vermooze. Example, see case of Akinosho Vs Erigbokan (1955) 23 NLR 88. If the plaintiff entered into premises without permission, illegally and started using it – he has to be challenged otherwise he takes over legally if the landlord keeps quiet for a period of 12 years. The landlord should challenge him as a trespasser being on ones property for 12 years he can claim possession if the land lord fails to apprehend him (on time). The defendant said he was occupying the premises all the time (meaning effective occupation), the law said he was not in ‘lawful occupation’ so he will lose the case; thus he was a trespasser because his occupation was not ‘lawful’. The plaintiff has no case – the occupant was in illegal occupation, because occupation must not only be effective, but must be legal.
Exclusivity of Possession: B came in as A’s friend – he (B) started living with A as a friend/relation –so he cannot claim to be a tenant after A had packed out. Exclusivity of Possession will be when there is an intention to exclude even the landlord from occupancy over the period of the lease/tenancy – if the answer is yes then if the other party has met the condition then he is a tenant? The landlord should not disturb the /his tenant “quiet enjoyment of the premises. The tenant should have exclusive possession. The landlord should not share the flat with his tenant or sends another tenant to share with him (tenant).
