Jonathan Mutuku Maingi v Davetronics Company Limited [2020] KEBPRT 58 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 58
- Citation
- [2020] KEBPRT 58 (KLR)
- Decided
- 4 June 2020
The Tribunal cannot conclusively determine the Landlord and Tenant relationship without oral evidence, but the status quo should be maintained, and the Tenant/Applicant is ordered to pay arrears of rent on or before 30th June 2020.
Facts
Tenant/Applicant claims to have bought the business and tenancy interests of the Landlord's Tenant, while Landlord maintains the Tenant is a stranger. The Landlord disputes the existence of a Landlord and Tenant relationship.
Issues
- Whether there is a Landlord and Tenant relationship between the Tenant/Applicant and the Landlord
Reasoning
The Tribunal notes that the Tenant is not a party to the reference, there is no written consent from the Landlord's authority, and the business license is in the name of a different entity.
Outcome
The Landlord's application is dismissed with no order as to costs, and the Tenant/Applicant is ordered to pay arrears of rent.
Orders
- Maintain status quo pending determination of reference
- Order Tenant/Applicant to pay arrears of rent on or before 30th June 2020
- Order Landlord to accept payment on without prejudice basis
- Order Tenant/Applicant to pay all arrears of rent on or before 30th June 2020
- Order Landlord to levy distress if Tenant/Applicant fails to pay arrears
- Extend interim orders issued on 17th February 2020
Remedies
- Payment of arrears of rent
- Levying of distress
Authorities cited
Legislation (2)
- Distress for Rent Act Cap 293
- Cap 301
Loading judgment…