DRAFT PROPOSAL FOR NEW HOUSING RENTS AND REGULATION BILL FOR PLATEAU.
Below is a draft proposal for a new Housing, Agents, and Rents Regulation Bill for Plateau State, Nigeria, aimed at addressing the concerns raised by the Plateau State House of Assembly regarding exorbitant rents, unregulated estate agents, and the outdated Rent Edict. This draft reflects fairness, accountability, and affordability, tailored to modern realities in the real estate sector, with a focus on protecting tenants, regulating agents, and ensuring a balanced housing market in Plateau State, particularly in Jos.
Plateau State Housing, Agents, and Rents Regulation Bill, 2025
A BILL FOR A LAW TO REGULATE HOUSING, PROPERTY AGENTS, AND RENTAL PRACTICES IN PLATEAU STATE, REPEAL THE RENT EDICT, AND FOR OTHER CONNECTED PURPOSES
Preamble
WHEREAS the Plateau State House of Assembly recognizes the rising cost of rents in Jos and other parts of the State, which is nearing levels comparable to the Federal Capital Territory (FCT), causing undue hardship to residents;
WHEREAS the activities of illegal and unregulated estate agents have contributed to exploitative practices in the real estate sector;
WHEREAS the existing Rent Edict is obsolete and inadequate to address modern challenges in the housing market;
AND WHEREAS it is expedient to enact a new law to promote fairness, accountability, and affordability in the rental housing sector, regulate property agents, and protect the rights of tenants and landlords;
NOW, THEREFORE, the Plateau State House of Assembly enacts as follows:
PART I: PRELIMINARY
1. Short Title and Commencement
This Law may be cited as the Plateau State Housing, Agents, and Rents Regulation Law, 2025, and shall come into force on the date specified by the Governor through a commencement order.
2. Objectives
The objectives of this Law are:
a. To regulate rental practices to ensure affordability and fairness for tenants and landlords.
b. To establish a framework for the registration, licensing, and regulation of property agents in Plateau State.
c. To protect tenants from exploitative rental practices and arbitrary evictions.
d. To promote transparency and accountability in the real estate sector.
e. To repeal the outdated Rent Edict and replace it with modern legislation that addresses current housing challenges.
3. Application
This Law applies to all residential tenancies, property agents, and landlords operating within Plateau State, except where expressly exempted.
4. Definitions
In this Law:
"Landlord" means a person or entity that owns or leases out a residential property to a tenant.
"Tenant" means an individual or entity renting a residential property under a tenancy agreement.
"Property Agent" means a person or entity acting as an intermediary between landlords and tenants in the rental or sale of properties.
"Rent" means the payment made by a tenant to a landlord for the use of a residential property.
"Tribunal" means the Plateau State Rent and Housing Tribunal established under this Law.
PART II: REGULATION OF RENTS
5. Rent Control Measures
(1) No landlord or property agent shall increase rent more than once in a 12-month period.
(2) Annual rent increases shall not exceed the lower of:
a. 7% of the existing rent, or
b. The Consumer Price Index (CPI) inflation rate for Plateau State, as published by the National Bureau of Statistics (NBS).
(3) Landlords must provide tenants with a written notice of at least 90 days before implementing any rent increase, stating the proposed amount and justification based on market rates or property improvements.
(4) Tenants may challenge excessive rent increases at the Plateau State Rent and Housing Tribunal.
6. Prohibition of Rent Bidding
(1) Landlords and property agents are prohibited from inviting, encouraging, or accepting offers of rent above the advertised asking price (rent bidding).
(2) All rental properties must have a clear asking rent published in advertisements.
(3) Violation of this section shall attract a fine of up to ₦500,000 or imprisonment for up to 6 months, or both, for individuals, and a fine of up to ₦2,000,000 for corporate entities.
7. Rent in Advance
(1) No landlord or property agent shall demand or accept rent in advance exceeding one month’s rent at the commencement of a tenancy.
(2) Tenancy agreements requiring rent payments in advance of the agreed due date are unenforceable.
(3) Tenants may voluntarily pay rent in advance for their convenience, but such payments shall not be a condition for entering a tenancy.
8. Decent Homes Standard
(1) All rental properties must meet a Decent Homes Standard, ensuring:
a. No serious health and safety hazards (e.g., risks of fire, structural collapse, or carbon monoxide poisoning).
b. Adequate provision of essential services (e.g., water, electricity, and sanitation).
c. Timely repairs for issues such as damp, mould, or structural defects.
(2) Landlords failing to comply with the Decent Homes Standard shall be liable to fines of up to ₦1,000,000 or remedial action ordered by the Tribunal.
9. Awaab’s Law
(1) Landlords must address serious health hazards (e.g., mould, damp) within 14 days of receiving a written complaint from a tenant.
(2) Failure to comply may result in penalties, including fines of up to ₦500,000 or a court order to undertake repairs.
(3) Local government authorities shall have powers to inspect properties and enforce compliance.
PART III: REGULATION OF PROPERTY AGENTS
10. Licensing of Property Agents
(1) No person or entity shall act as a property agent in Plateau State without a valid license issued by the Plateau State Real Estate Regulatory Authority (PSRERA).
(2) To obtain a license, an applicant must:
a. Be registered with the Corporate Affairs Commission (CAC) for corporate entities or provide proof of identity for individuals.
b. Demonstrate competence in real estate management through certification or training approved by PSRERA.
c. Pay a prescribed licensing fee.
(3) Licenses shall be renewed annually, subject to compliance with this Law.
(4) Unlicensed agents shall be liable to a fine of up to ₦1,000,000 or imprisonment for up to 1 year, or both.
11. Code of Conduct for Property Agents
(1) Property agents shall:
a. Act with transparency, honesty, and fairness in all dealings.
b. Disclose all fees and commissions upfront in writing.
c. Maintain accurate records of all transactions and tenancy agreements.
d. Refrain from discriminatory practices, such as refusing tenants based on ethnicity, religion, or economic status.
(2) Agents violating the code of conduct may have their licenses revoked or suspended by PSRERA.
12. Prohibition of Excessive Fees
(1) Property agents shall not charge tenants fees exceeding 10% of one month’s rent for agency services.
(2) Agents must provide tenants with at least two methods of submitting rental applications, one of which must be free and not reliant on third-party platforms.
(3) Violation of this section shall attract a fine of up to ₦300,000 per incident.
PART IV: TENANT AND LANDLORD PROTECTIONS
13. Prohibition of No-Fault Evictions
(1) No landlord shall evict a tenant without a valid reason as specified in this Law (e.g., non-payment of rent, breach of tenancy agreement, or landlord’s intent to sell or occupy the property).
(2) Landlords must provide 60 days’ written notice for eviction and obtain an order from the Tribunal for possession.
(3) Tenants facing eviction may apply to the Tribunal for relief, including compensation for unlawful eviction.
14. Anti-Discrimination Measures
(1) Landlords and property agents shall not discriminate against prospective tenants based on ethnicity, religion, gender, disability, or economic status (e.g., receiving government benefits).
(2) Advertisements such as “No DSS” or “No families with children” are prohibited.
(3) Violators shall be liable to fines of up to ₦500,000 or imprisonment for up to 6 months, or both.
15. Right to Request Pets
(1) Tenants may request to keep pets in rental properties, and landlords must consider such requests reasonably.
(2) Landlords may impose conditions, such as requiring pet liability insurance, but shall not impose blanket bans on pets.
(3) Refusals must be justified in writing within 14 days of the request.
16. Security Deposits
(1) Security deposits shall not exceed one month’s rent and must be held in an interest-bearing account.
(2) Landlords must provide tenants with proof of deposit placement and interest accrued annually.
(3) Deposits must be returned within 30 days of tenancy termination, less any justified deductions for damages, supported by receipts or invoices.
PART V: ESTABLISHMENT OF THE PLATEAU STATE REAL ESTATE REGULATORY AUTHORITY (PSRERA)
17. Establishment of PSRERA
(1) There is established the Plateau State Real Estate Regulatory Authority (PSRERA), which shall be a body corporate with perpetual succession.
(2) PSRERA shall be responsible for:
a. Licensing and regulating property agents.
b. Maintaining a database of landlords, tenants, and rental properties.
c. Monitoring compliance with this Law.
d. Investigating complaints and resolving disputes.
18. Private Rented Sector Ombudsman
(1) PSRERA shall establish a Private Rented Sector Ombudsman Service to provide free, impartial, and binding resolution of tenant-landlord disputes.
(2) All landlords with assured or regulated tenancies must register with the Ombudsman Service.
(3) The Ombudsman may order landlords to pay compensation, issue apologies, or undertake remedial actions.
19. Private Rented Sector Database
(1) PSRERA shall maintain a Private Rented Sector Database to:
a. Track registered landlords and property agents.
b. Provide tenants with information on rental properties and landlord compliance.
c. Support local government enforcement of housing standards.
(2) Landlords must register on the database to use certain possession grounds for eviction.
PART VI: ENFORCEMENT AND PENALTIES
20. Enforcement Powers
(1) Local government authorities shall have powers to:
a. Inspect rental properties for compliance with the Decent Homes Standard.
b. Issue improvement notices or prohibition orders for non-compliant properties.
c. Impose fines or prosecute landlords and agents for violations of this Law.
(2) PSRERA may revoke licenses or impose sanctions on non-compliant property agents.
21. Penalties
(1) Offences under this Law, unless otherwise specified, shall attract:
a. For individuals: a fine of up to ₦500,000 or imprisonment for up to 6 months, or both.
b. For corporate entities: a fine of up to ₦2,000,000.
(2) Repeat offenders may face increased penalties or banning orders.
PART VII: PLATEAU STATE RENT AND HOUSING TRIBUNAL
22. Establishment of the Tribunal
(1) There is established the Plateau State Rent and Housing Tribunal to hear and determine disputes arising under this Law.
(2) The Tribunal shall consist of a Chairperson (a legal practitioner with at least 10 years’ experience) and other members appointed by the Governor.
(3) The Tribunal shall have powers to:
a. Adjudicate disputes over rent increases, evictions, and property conditions.
b. Order compensation or remedial action.
c. Issue injunctions to prevent unlawful practices.
23. Dispute Resolution
(1) Tenants and landlords may access the Tribunal’s free dispute resolution service.
(2) Decisions of the Tribunal shall be binding and enforceable as court orders.
PART VIII: MISCELLANEOUS
24. Repeal of the Rent Edict
The Rent Edict of Plateau State is hereby repealed, and all rights, obligations, and liabilities under it shall be governed by this Law.
25. Transitional Provisions
(1) Existing tenancy agreements shall comply with this Law within 6 months of its commencement.
(2) Property agents operating before the commencement of this Law shall obtain a license within 12 months.
26. Regulations
The Commissioner for Housing, with the approval of the Governor, may make regulations to give effect to the provisions of this Law.
Explanatory Notes
Rent Control: The 7% + CPI cap on rent increases is inspired by Oregon’s rent control laws (), adapted to Plateau State’s economic context to prevent exorbitant hikes while allowing landlords reasonable adjustments.
Agent Regulation: The licensing requirement aligns with practices in South Australia () and the UK’s Renters’ Rights Bill (), ensuring accountability and professionalism.
Tenant Protections: Provisions like the ban on no-fault evictions and anti-discrimination measures draw from the UK’s Renters’ Rights Bill () and South Africa’s Rental Housing Act (), tailored to address local issues like ethnic discrimination.
Decent Homes and Awaab’s Law: These standards are modeled after the UK’s Renters’ Rights Bill () to ensure habitable living conditions and timely repairs.
Ombudsman and Tribunal: The Ombudsman and Tribunal draw from the UK’s private rented sector reforms (), providing accessible dispute resolution mechanisms.
Implementation Considerations
Public Consultation: Engage stakeholders (tenants, landlords, agents, and community groups) to refine the bill before enactment.
Funding: Allocate budget for PSRERA, the Ombudsman, and the Tribunal to ensure effective enforcement.
Awareness Campaigns: Educate tenants and landlords about their rights and obligations under the new law.
Monitoring: PSRERA should publish annual reports on rent trends, agent compliance, and dispute resolutions to assess the law’s impact.
This draft provides a comprehensive framework to address exorbitant rents, regulate agents, and protect tenants while balancing landlord interests. It incorporates global best practices while addressing Plateau State’s unique challenges, such as rising rents in Jos and ethnic diversity. (amendments to this proposed Bill/Law can be made)
Author: Pocket News Nigeria Ltd.
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