Wangatho v Gachecheh (Tribunal Case 61 of 2020) [2022] KEBPRT 857 (KLR) (Civ) (8 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 857
- Citation
- [2022] KEBPRT 857 (KLR)
- Decided
- 8 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous decisionCoramA MUMA, VICE CHAIR
Holding
There exists a tenancy relationship between the landlord and the tenant, and the notice to terminate is valid.
Facts
The tenant and landlord entered into a tenancy agreement on December 17, 2013, which expired in January 2020. The tenant has been paying rent since the lease expired, and the landlord issued a notice to terminate the tenancy without a proper notice.
Issues
- Whether there exists a tenancy relationship between the landlord and the tenant.
- Whether the notice to terminate is valid.
Reasoning
The tribunal found that the tenant has been paying rent since the lease expired, establishing a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act. The notice to terminate was valid as it was issued after the lease expired.
Outcome
Affirming the landlord's notice to terminate the tenancy
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act cap 301
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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