Gakenia v Kimita t/a Mwalimu Agencies Co. Ltd & another (Tribunal Case E007 of 2022) [2022] KEBPRT 245 (KLR) (Civ) (14 July 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 245
- Citation
- [2022] KEBPRT 245 (KLR)
- Decided
- 14 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Increment of Rent and EvictionCoramGAKUHI CHEGE, VICE CHAIR
Holding
The tenancy notice is invalid and the landlord is ordered to pay Kshs.10,000 in costs to the tenant.
Facts
The landlord issued a notice dated July 21, 2021, seeking an increment of rent from Kshs.14,900 to Kshs.16,313 per month and termination of the tenancy due to rent arrears of Kshs.44,100 over 8 months.
Issues
- Validity of the tenancy notice
- Grant of reliefs sought by the landlord
- Costs
Reasoning
The notice was found to be defective and incompetent as it covered both rent increment and termination grounds, and did not specify the grounds for termination.
Outcome
The application is dismissed.
Orders
- Defective tenancy notice is ordered to be ineffective.
- Tenant is entitled to Kshs.10,000 in costs to be defrayed against the rent account within 30 days by the landlord.
- Landlord is at liberty to serve a proper notice under section 9(3) of the Act.
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
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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