Joseph Macharia Mwangi v Alfred Ndungu Mwaniki [2022] KEBPRT 129 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 129
- Citation
- [2022] KEBPRT 129 (KLR)
- Decided
- 4 January 2022
The Tribunal ordered the Landlord to provide free access to the premises and the Tenant to keep paying rent as and when it falls due.
Facts
The Tenant, Joseph Macharia Mwangi, rented Stall No. 6 from the Landlord, Alfred Ndungu Mwaniki, and filed a reference alleging default in rent payments. The Landlord requested leave to distress for rent, and the Tribunal ordered the Tenant to pay all outstanding arrears within 30 days and the Landlord to provide free access to the premises.
Issues
- Whether the Tenant is entitled to the remedies sought being access and enjoyment of the suit premises?
Reasoning
The Tribunal found that the Tenant obtained orders from the Tribunal to gain access to the premises, and the Landlord's claim of non-access during June and September was not supported.
Outcome
The Landlord was ordered to provide free access to the premises and the Tenant to pay rent as and when it falls due.
Orders
- Landlord to submit statement of accounts detailing payments and outstanding arrears
- Tenant to submit statement of accounts, evidence of non-occupancy, and damages incurred
- Landlord to allow Tenant access to the premises
- Tenant to keep paying rent as and when it falls due
- Reference to be fixed for hearing on 24th February 2022
- Costs to be in the cause
Remedies
- Access to the rented premises
- Payment of rent as and when it falls due
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