Diana Maisie Osano Odero t/a Odero & Associates Advocates v National Housing Corportion & Keysian Auctioneers (Tribunal Case 991 of 2020) [2021] KEBPRT 161 (KLR) (29 October 2021) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 161
- Citation
- [2021] KEBPRT 161 (KLR)
- Decided
- 29 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord Tenant DisputePostureReference and Motion ApplicationCoramHON A. MUMA, HON P. MAY
Holding
The tenancy commenced on June 16, 2014, and the tenant's reference and motion application are upheld.
Facts
The tenant has been in occupation of the landlord's premises since 2014. The tenant claims the tenancy commenced on June 16, 2014, after repairs, while the landlord claims it started on April 15, 2014.
Issues
- Determination of the commencement date of the tenancy
- Whether there are rent arrears and how much
Reasoning
The Tribunal found the tenancy to be a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act, and the tenant's claim for a revised statement of accounts and rent arrears is supported.
Outcome
The tenant's reference and motion application are upheld.
Orders
- Landlord to prepare a revised statement of accounts from June 2014 onwards.
- Tenant to propose how to offset arrears within 7 days.
- Matter to be mentioned in 30 days for finding on rent arrears and installment amounts.
- Tenant to continue paying rent and service charge at agreed rates.
Remedies
- Tenant's reference and motion application are upheld.
- Tenant to keep paying rent and service charge at agreed rates.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act CAP 301 Laws of Kenya
Cases cited (1)
- Rogan-Kamper v Robert Grosvenor No. 2 [1977] eKLR
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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