Machua v Mungai (Tribunal Case 851 of 2020) [2022] KEBPRT 875 (KLR) (Civ) (7 October 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 875
- Citation
- [2022] KEBPRT 875 (KLR)
- Decided
- 7 October 2022
The Tribunal found that the tenant did not erect structures on the suit premises and did not sublet to a third party. The landlord’s notice to increase rent was lawful, and the notice to terminate tenancy was upheld.
Facts
The tenant has constructed two semi-permanent houses on the plot without the landlord's knowledge and consent, subletting them to other tenants who pay rent to her. The landlord issued a verbal notice to increase rent from Kshs 45,000 to Kshs 70,000, and threatened to demolish the business premises and evict the tenant.
Issues
- Whether the tenant is guilty of erecting structures on the suit premises and subletting to a third party
- Whether the landlord’s notice to increase rent is lawful
- Whether the landlord’s notice to terminate tenancy ought to be upheld or dismissed
- Who is liable to pay costs
Reasoning
The Tribunal ruled that the tenant did not construct structures on the suit premises and did not sublet to a third party. The landlord’s notice to increase rent was lawful, and the notice to terminate tenancy was upheld.
Outcome
The application for restraining orders was dismissed.
Orders
- The landlord’s notice to increase rent from Kshs 45,000 to Kshs 70,000 was found to be lawful.
- The landlord’s notice to terminate tenancy was upheld.
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