James Mwangi v Isaack Kuria t/a Waciru Commercial and Propoerty Agencis [2021] KEBPRT 70 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 70
- Citation
- [2021] KEBPRT 70 (KLR)
The tenant is entitled to the orders sought in the applications dated 5th March 2021 and 5th August 2021.
Facts
The tenant, James Mwangi, operates a business in Nakuru Town and pays a monthly rent of Kshs.50,000. Due to the Covid-19 pandemic, the landlord reduced the rent to Kshs.40,000 for December 2020, January 2021, and February 2021. The tenant claims the landlord refused to accept rent and seeks reassessment of rent.
Issues
- Whether the tenant is entitled to the orders sought in the applications dated 5th March 2021 and 5th August 2021.
- Who is liable to pay costs of the suit.
Reasoning
The tenant was entitled to seek protection from the Tribunal due to the dispute over the amount payable and the period of reduction of rent granted by the landlord.
Outcome
The tenant's monthly rent is Kshs.50,000 save for the months of December 2020, January and February 2021 which was Kshs.40,000 as agreed mutually by both parties. Both parties shall file statements of rent account for the relevant period.
Orders
- Temporary injunction against levying distress or any interference with the tenant's peaceful occupation of the premises by the landlord.
- Each party shall meet own costs of the application and reference.
Remedies
- Reassessment of rent is dismissed.
- Temporary injunction against eviction pending compliance with rent account statement.
Authorities cited
Legislation (1)
- Section 4(3) of Cap. 301 Laws of Kenya
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