Teresia Wnjiku Kinuthia v Vinepack Limited [2021] KEBPRT 439 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 439
- Citation
- [2021] KEBPRT 439 (KLR)
The application is allowed in terms of prayer 2 with costs of Kshs.20,000 to the Landlady. The Landlady is ordered to immediately settle the outstanding rent arrears of Kshs.387,750 and the Tenant is not granted leave to levy distress.
Facts
The Landlady leased the premises to the Tenant from May 2016, with a monthly rent of Kshs.47,500 and a 10% increase per annum. The Tenant failed to pay rent from June 2019, accumulating to Kshs.387,750. The Tenant vacated the premises in the pendency of the case.
Issues
- Whether the Landlady is entitled to orders compelling the Tenant to settle rent arrears
- Whether the Landlady is entitled to leave to issue a lawful notice of termination of tenancy
Reasoning
The Landlady is entitled to the rent arrears as the Tenant failed to pay rent from June 2019. The Tenant vacated the premises in the pendency of the case, thus the application for leave to levy distress is declined.
Outcome
The application is allowed.
Orders
- Order for the Tenant to settle the outstanding rent arrears of Kshs.387,750
- Decline to grant leave to levy distress
Remedies
- Costs of Kshs.20,000 to the Landlady
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