Kenya Credit Traders Ltd v Joseph Kipkemoi Chebet [2021] KEBPRT 110 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 110
- Citation
- [2021] KEBPRT 110 (KLR)
- Decided
- 30 November 2021
The Tribunal ordered the Landlord to increase the monthly rent to Kshs 70,000 from 1st December 2021 and allowed the Landlord to issue a notice to terminate the tenancy.
Facts
The Tenant, Kenya Credit Traders, rented space from the Landlord, Joseph Kipkemoi Chebet. The Landlord served a notice to terminate the tenancy and increase rent. The Tenant filed a reference opposing the notice. The Tribunal ordered the Tenant to pay the increased rent and allowed the Landlord to issue a notice to terminate the tenancy.
Issues
- Whether the Landlord's application to increase rent is lawful?
- Whether the Landlord's notice to terminate tenancy is valid?
Reasoning
The Tribunal found that increasing rent qualifies as an alteration to the agreement and should be communicated through a valid notice, not an application.
Outcome
The Landlord's application to increase rent and terminate tenancy was upheld.
Orders
- The landlord shall increase the monthly rent payable by the Tenant with effect from 1st December 2021 to Kshs 70,000/-.
- The Landlord shall be at liberty to issue a notice to terminate tenancy in the prescribed format when ready to do so.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya
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