This is a common question that arises when there is a problem with the soak away system in a rented property.
The soak away is a pit or trench that collects and disposes of the liquid waste from the septic tank.
The feces or solid waste remains in the septic tank and needs to be packed or evacuated periodically to prevent overflow or blockage.
The answer to this question depends on the terms of the tenancy agreement between the landlord and the tenant.
The tenancy agreement is a contract that spells out the rights and obligations of both parties regarding the use and maintenance of the property.
The tenancy agreement may specify who is responsible for paying for the packing/evacuation of the feces in the soak away, or it may be silent on this issue.
If the tenancy agreement clearly states that the landlord is responsible for paying for the packing/evacuation of the feces in the soak away, then the tenant can hold the landlord liable for this service.
The tenant can demand that the landlord performs this duty within a reasonable time, or else sue him for breach of contract.
If the tenancy agreement clearly states that the tenant is responsible for paying for the packing/evacuation of the feces in the soak away, then the landlord can hold the tenant liable for this service.
The landlord can demand that the tenant performs this duty within a reasonable time, or else evict him for breach of contract.
If the tenancy agreement is silent on this issue, then there is no clear answer to this question.
The law does not provide a specific rule on who is responsible for paying for the packing/evacuation of the feces in the soak away.
However, there are some general principles that can guide us in resolving this dispute.
One principle is that of fairness and equity. This means that both parties should share the burden and benefit of maintaining the property in a good condition.
The landlord should not exploit or neglect his property, and the tenant should not abuse or damage his property.
Therefore, both parties should contribute to paying for the packing/evacuation of the feces in the soak away, according to their respective abilities and benefits.
Another principle is that of common law. This means that we can look at how similar cases have been decided by courts in Nigeria and other jurisdictions.
The common law tends to favor landlords over tenants in matters of maintenance and repairs, unless there is evidence of negligence or bad faith by the landlord.
Therefore, unless there is proof that the landlord caused or contributed to the problem with the soak away system, he may not be liable to pay for the packing/evacuation of the feces in the soak away.
A third principle is that of statutory law. This means that we can look at what laws have been enacted by parliament or state legislatures to regulate landlord-tenant relations.
The 1999 Nigerian Constitution does not directly address this issue, but it does provide some relevant provisions.
For example, section 17(2)(d) states that “the State shall direct its policy towards ensuring that … suitable and adequate shelter … are provided for all citizens”.
Section 43 states that “every citizen shall have a right to acquire and own immovable property anywhere in Nigeria”.
Section 44(1) states that “no moveable property or any interest in an immovable property shall be taken possession of compulsorily … except in accordance with a law”.
These provisions imply that both landlords and tenants have rights and duties regarding their properties, and that any interference with these rights and duties must be justified by law.
Therefore, based on these principles, we can conclude that there is no definitive answer to who is responsible to pay for the packing/evacuation of the feces in the soak away by Nigerian Law.
The answer depends on several factors, such as:
- The terms of the tenancy agreement
- The cause and extent of the problem with the soak away system
- The financial capacity and benefit of both parties
- The precedents set by previous court cases
- The laws enacted by relevant authorities
The best way to resolve this dispute is to negotiate amicably with each other, or seek mediation or arbitration from a neutral third party.
If these methods fail, then either party can resort to litigation in a competent court of law.
