Samuel Njeru David v Ijara Estate Agency Ltd & another [2021] KEBPRT 42 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 42
- Citation
- [2021] KEBPRT 42 (KLR)
- Decided
- 17 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureReference and Tenancy NoticeCoramHON. GAKUHI CHEGE, MISS ONDIEKI HOLDING BRIEF FOR OMWENGA FOR THE LANDLORD
Holding
The rent for the suit premises is set at Kshs.15,000 per month, effective from January 1, 2022, which is three times the current rent.
Facts
The landlord served a tenancy notice to increase the rent from Kshs.5000 to Kshs.19,500 per month, while the tenant filed a reference contesting the legality of the notice. Both parties submitted valuation reports recommending different rent amounts.
Issues
- Validity of the landlord's tenancy notice
- Determination of fair market rent
Reasoning
The tribunal considered both valuers' reports and decided to use the average market rental rate of Kshs.733.25 per square metre, resulting in a total rent of Kshs.15,442 per month, which was rounded down to Kshs.15,000.
Outcome
The tenant's reference was dismissed, and the rent was increased.
Orders
- The rent for the suit premises is Kshs.15,000 per month from January 1, 2022.
- Each party meets their own costs.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering establishments Act, Cap. 301)
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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