Njoroge & 2 others v Kamere & another (Tribunal Case E149 of 2022) [2022] KEBPRT 763 (KLR) (16 September 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 763
- Citation
- [2022] KEBPRT 763 (KLR)
- Decided
- 16 September 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for determination of the validity of a notice terminating a tenancyCoramHON A. MUMA, Vice Chair, Business Premises Rent Tribunal
Holding
The notice dated February 3, 2022 is unlawful, the tenants' application and reference allowed.
Facts
The applicants are tenants of the landlord, who issued a notice terminating their tenancy on February 3, 2022, demanding vacating by February 15, 2022, due to unpaid rent. The applicants claimed the notice was unlawful.
Issues
- Whether the notice terminating the tenancy is unlawful?
Reasoning
The notice did not comply with the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act, Cap 301, Kenya, as it did not provide the required 3-month notice as stipulated in the lease agreement and the statute.
Outcome
The application is upheld.
Orders
- The notice dated February 3, 2022 is unlawful.
- The landlord is allowed to issue a new three (3) month notice.
- The tenant is required to pay all rent arrears and keep paying rent as per the lease agreement.
Remedies
- The tenant is required to pay all rent arrears and keep paying rent as per the lease agreement.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act, Cap 301, 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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