Trident Outdoor Limited v Shiloah Investments Ltd [2021] KEBPRT 64 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 64
- Citation
- [2021] KEBPRT 64 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication dismissedCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal lacks jurisdiction to hear the case as the tenancy is not a controlled tenancy and the lease agreement does not contain a termination clause other than for breach of covenant.
Facts
The Tenant and Landlord entered into a lease agreement for a period of six years, beginning April 1, 2021. The Landlord argued that the tenancy is not a controlled tenancy due to the lack of a termination clause other than for breach of covenant.
Issues
- Whether the Tribunal has jurisdiction to hear the case
- Whether the tenancy is a controlled tenancy
Reasoning
The Tribunal dismissed the case due to the lack of a termination clause other than for breach of covenant, as the lease agreement is for a period of six years and does not meet the criteria for a controlled tenancy.
Outcome
Application dismissed
Orders
- Tenant's reference and chamber summons are dismissed with costs to the Respondents
- Any orders issued in this matter are hereby discharged
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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