Midlands Zero & another v Moriaso Ole Kindi [2022] KEBPRT 124 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 124
- Citation
- [2022] KEBPRT 124 (KLR)
The Tribunal has jurisdiction to deal with the dispute and orders rent to be reviewed upwards to Kshs 180,000/- per month pending the hearing of the reference.
Facts
Tenant filed a reference dated 21st May 2020 stating an agreement to charge rent at Kshs 100,000/-, which the Landlord increased to Kshs 360,000/- and threatened to send auctioneers. The Landlord argued the lease was a fixed term of 12 years, which ousts the Tribunal's jurisdiction.
Issues
- Jurisdiction of the Tribunal over the rent review request
- Review of rent due to the effects of the COVID-19 pandemic
Reasoning
The Tribunal found the lease not to be a fixed term lease, thus bringing it under the jurisdiction of the Tribunal. The Tribunal reviewed the rent downwards due to the effects of the COVID-19 pandemic.
Outcome
The Tribunal ordered rent to be reviewed upwards to Kshs 180,000/- per month pending the hearing of the reference.
Orders
- Reference dated 21st May 2020 be fixed for hearing within 90 days.
- Rent be reviewed upwards to Kshs 180,000/- per month without prejudice to the lease terms pending the hearing of the reference.
- All other status quo except for the rent review be maintained.
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