Maryann Nyaguthii Mathenge v Kassim Mohamed Barre & another [2021] KEBPRT 97 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 97
- Citation
- [2021] KEBPRT 97 (KLR)
- Decided
- 8 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for Rent Deposit and Restraining OrdersCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The tenant's application is dismissed, and she is ordered to vacate the premises by December 31, 2021, with specific remedies for non-compliance.
Facts
The tenant entered into a tenancy agreement with the landlord for a period of 7 months, but the landlord sold the property to the second respondent. The tenant claims the premises are for business use, and seeks to deposit rent and restraining orders.
Issues
- Whether the suit premises is residential or business premises.
- Whether the tenant is entitled to the orders sought herein.
- Who is liable to pay costs.
Reasoning
The premises were converted to a business use, and the landlord agreed to a stay until December 31, 2021. The tenant's application for more time was based on a loan, which she knew would end her lease.
Outcome
Application dismissed
Orders
- Tenant vacate premises by December 31, 2021
- Tenant pay any outstanding rent before vacating
- Landlord may levy distress against tenant if rent is unpaid
- Each party bears own costs
Remedies
- Eviction by licensed auctioneer if tenant fails to vacate
- Distress against tenant if rent is unpaid
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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