James Mwangi Muturi v Joel Momanyi Mogaka [2022] KEBPRT 20 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 20
- Citation
- [2022] KEBPRT 20 (KLR)
- Decided
- 7 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and TenantPostureApplication for eviction and recovery of rent arrearsCoramHON. CYPRIAN MUGAMBI NGUTHARI, HON. P. MAY
Holding
The tenancy between the parties terminated on November 1, 2021. The landlord's application for eviction and recovery of rent arrears is allowed.
Facts
The landlord served a notice to terminate the tenant's tenancy on August 31, 2021, which took effect on November 1, 2021. The tenant has not filed a reference against the notice and has not paid rent arrears.
Issues
- Tenant's failure to file a reference against the notice to terminate tenancy
- Tenant's non-payment of rent arrears
Reasoning
The notice to terminate tenancy was properly issued and served, and the tenant has not challenged it. The notice took effect on November 1, 2021, and the tenant has not paid rent arrears.
Outcome
The tenant is ordered to vacate the premises and the landlord is allowed to engage auctioneers to recover owed rent arrears.
Orders
- Tenant to vacate the premises
- Landlord to engage auctioneers to recover rent arrears
Remedies
- Eviction of the tenant
- Recovery of rent arrears
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.
Loading judgment…