Netsam Enterprises Ltd v Bermac Limited & another [2021] KEBPRT 417 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 417
- Citation
- [2021] KEBPRT 417 (KLR)
The Tenant shall continue enjoying peaceful and quiet possession of the demised premises for the remainder of the lease until 30th June 2022.
Facts
The Tenant, Netsam Enterprises Ltd, sought vacant possession of the demised premises with effect from 1st January 2021 due to the Landlord's notice of termination dated 22nd October 2020. The Landlord, Bermac Limited, had acquired the premises after the tenancy agreement with the Tenant. The Landlord intended to expand its guest house facility on the adjacent plots.
Issues
- Whether the Landlord's notice of termination was valid and without malice.
- Whether the Tenant should vacate the premises by 30th June 2022 or continue enjoying peaceful and quiet possession until the lease is renewed.
Reasoning
The Landlord's intention to expand its guest house facility on the adjacent plots justified the notice of termination, and the Tenant's failure to pay rent in respect of the demised premises.
Outcome
Tenant's request for vacant possession denied; Tenant to continue possession until 30th June 2022.
Orders
- Tenant to vacate premises by 30th June 2022 unless lease is renewed by mutual agreement.
- Rent to be paid to the new Landlord/new landlord.
Remedies
- Costs to be paid by the Landlord.
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