Railways Workers Union (K) v Nicholas T.T. Simuyu t/a Foundation Professional Limited [2021] KEBPRT 641 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 641
- Citation
- [2021] KEBPRT 641 (KLR)
- Decided
- 22 April 2021
The Tribunal allows the Landlord to break into the Tenant's premises to distress for rent and sell any distrainable goods to recover outstanding rent arrears, with the auctioneer taking an inventory and rendering an account to the Tribunal within seven days.
Facts
The Landlord (Railways Workers Union) seeks orders to break into the Tenant's (Foundation Professional Limited) business premises to distress for rent and sell any distrainable goods to recover outstanding rent arrears.
Issues
- Right of the Landlord to break into the Tenant's premises to distress for rent
- Procedure for selling distrainable goods and rendering accounts
Reasoning
The Tribunal satisfied that the Tenant has been properly served and that the Landlord has the right to distress for rent under the circumstances.
Outcome
The Landlord is allowed to break into the Tenant's premises and distress for rent, and to sell any distrainable goods to recover rent arrears.
Orders
- Landlord is allowed to break into Tenant's premises to distress for rent
- Inventory of distrained goods to be taken by auctioneer in presence of OCS Kamukunji Police Station
- Auctioneer to render account of sale to Tribunal within seven days
- Landlord to have costs of application
Remedies
- Recovery of outstanding rent arrears through distress and sale of distrainable goods
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