Duncun Ouma Ochanda t/a Key Shift Promotions v Ministry of Water Development Welfare and Sports Association [2021] KEBPRT 460 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 460
- Citation
- [2021] KEBPRT 460 (KLR)
- Decided
- 11 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureReference filed by Tenant, Respondent failed to appearCoramHON. PATRICIA MAY, VICE CHAIR
Holding
The tenancy is a controlled tenancy, and the Landlord's notice to terminate was illegal and of no legal effect.
Facts
Tenant and Landlord entered into a lease agreement for a canteen starting on 26th August, 2015, with an expected term of 10 years. Landlord served a notice to terminate the tenancy on 21st December, 2020, citing expiry of the lease term.
Issues
- Whether the tenancy is a controlled tenancy
- Whether the termination notice was justifiably issued
Reasoning
The lease agreement relates to a canteen, which falls under the definition of a controlled tenancy. The termination notice was not in accordance with the Act's procedures, which require a notice to specify grounds for termination and give the tenant one month to object.
Outcome
The reference is allowed, and the notice to terminate is declared illegal.
Orders
- The reference is allowed
- The notice to terminate is declared illegal
Remedies
- Tenant is entitled to continue the tenancy
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
- Khalif Jele Mohamed & another v Republic & another [2019] eKLR
Cases cited (1)
- Khalif Jele Mohamed & another v Republic & another [2019] 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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