Jacqueline Lorraine Akello v Kenya Medical Properties Limited (Landlord) & 2 others [2021] KEBPRT 327 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 327
- Citation
- [2021] KEBPRT 327 (KLR)
- Decided
- 8 September 2021
The Termination Notice was not valid as the Landlord did not provide the Tenant with a seven-day notice of the breach and proposed redress.
Facts
The Tenant entered into a Tenancy Agreement with Kenya Medical Properties Limited (Landlord) over KMA Apartments, Upperhill, Nairobi. The Tenant filed a Reference and Application seeking orders to reconnect electricity, restrain the Landlord from harassing and evicting the Tenant, and to dismiss the Reference and Application.
Issues
- Validity of the Termination Notice
- Arrears and Electricity Bills
- License vs Tenancy Agreement
Reasoning
The Landlord issued a termination notice without providing the required seven-day notice, thus violating Clause 4(ii) and (iv) of the Tenancy Agreement and Section 4(2) of the Landlord and Tenant (shops, Hotels and Catering Establishment) Act.
Outcome
The Application and Reference were dismissed with costs.
Authorities cited
Legislation (1)
- Landlord and Tenant (shops, Hotels and Catering Establishment) Act
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