Fatma Ahmed Al Mandry v Rahma Omar [2021] KEBPRT 111 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 111
- Citation
- [2021] KEBPRT 111 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureReference before the Business Premises Rent Tribunal
Holding
The Court found the notice valid as it was in the prescribed form and the grounds stated were valid under Section 7(1)(f) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Facts
The Landlord issued a notice of termination of tenancy to the Tenant on 5th May 2021, citing the intention to carry out renovations and obtain vacant possession. The Tenant opposed the notice and filed a reference.
Issues
- Whether the Landlord's notice of termination of tenancy dated 5th May 2021 is lawful and valid?
Reasoning
The notice was in the prescribed form and the grounds stated were valid under Section 7(1)(f) of the Act, which allows for termination if the landlord intends to demolish or reconstruct the premises or a substantial part thereof.
Outcome
The Court upheld the notice of termination of tenancy.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301 Laws of Kenya
Cases cited (2)
- Manaver N. Alibhai T/A Diani Boutique vs. South Coast Fitness & Sports Centre Limited
- Auto Engineering Ltd Versus M. Gonella & Co. Ltd
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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