Bringing someone into your flat to split the rent feels like your business. Legally, in Lagos, it is not — and the consequences fall on both of you, in different ways.
The clause
Section 7(6) of the Tenancy Law of Lagos State 2011: subject to any provision to the contrary in the tenancy agreement, the tenant shall not assign or sublet any part of the premises without the written consent of the landlord.
Any part. Not just the whole flat. The second bedroom counts.
And "written" is doing real work. A caretaker nodding, a landlord saying "no wahala" on the phone, a WhatsApp voice note — none of these is what the section describes. Get it in text or on paper, naming the person.
What the definitions do to your flatmate
This is the part that surprises people, and it is why unconsented subletting is worse for the incoming flatmate than for anyone.
The Law defines a "sub-tenant" as a person who occupies premises, or a portion of them, previously occupied by a tenant which has been sublet to them by virtue of the written consent of the landlord.
It separately defines "persons in unlawful occupation" to include anyone who enters into occupation through the tenant and remains in the premises without the landlord's consent.
So the consent is not paperwork. It is the thing that determines which of those two your flatmate is.
With it, they are a sub-tenant — and the Law's definition of "tenant" expressly includes a sub-tenant, so they get notice rights and the protections that follow. Without it, they may be a person in unlawful occupation: no security, no notice entitlement, no standing, however faithfully they have paid you every month for eleven months.
What it does to you
Different risk, equally serious.
You have breached a term of your tenancy. Section 12 provides that where there is a breach or non-observance of any of the conditions or covenants, the landlord has the right — subject to the agreement and proper service of process — to institute proceedings for an order to re-enter and determine the tenancy.
Read that plainly: the risk is not that your flatmate gets removed. It is that the tenancy you are both living under can be brought to an end.
You also lose negotiating position on everything else. A tenant in breach is a tenant who cannot comfortably raise the broken pump, the unreasonable increase or the missing service charge account.
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How to do it properly
There are only two safe positions.
1. Both names on the tenancy, as co-tenants. Best. Both of you hold rights directly against the landlord. Nobody is occupying through anybody. Ask for this at the start, before you are emotionally committed to a flat.
2. One lead tenant, plus written consent naming the second occupant. Perfectly workable. A short letter or an added clause is enough. Keep a copy each, with the tenancy agreement.
When you ask, ask for three things at once, because you will only have this conversation comfortably once:
- Written consent naming the occupant.
- Confirmation of whether a departing occupant may be replaced, and who approves the replacement.
- Whether the consent survives a renewal, or must be requested again.
The best moment to ask is at signing or at renewal, when a landlord facing a vacancy is most receptive. The worst moment is after someone has already moved in.
If the landlord says no
Take the answer seriously rather than proceeding quietly. Ask why — some objections are about numbers of occupants, water pressure or parking, and are solvable. Some are about wanting a single point of responsibility, which a named lead tenant plus consent already gives him.
If it is a flat no, then you are choosing between a flat you cannot afford alone and a different flat. That is a worse position than you wanted, and it is still better than a breach you are carrying silently.
Then write it down between you
Consent fixes your position with the landlord. It does nothing about the arrangement between flatmates. Separately agree, in writing: who pays what and when, how bills split, the notice period, whether a leaver may nominate a replacement, and how the caution deposit divides at the end.
Two documents, two different jobs. Skipping either is where shared tenancies fail.
And note section 1(3): Apapa, Ikeja GRA, Ikoyi and Victoria Island are exempt from the Law, so in those four the terms of your written agreement are doing the work instead.
Get the structure right before anyone moves anything. Start on roommates, and ask for written consent before you ask anyone to pay you rent.
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This article explains general provisions of the Tenancy Law of Lagos State 2011. It is not legal advice and has not been through professional legal review. For a specific tenancy, speak to a lawyer.
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