Njeru & another v Namu (Tribunal Case 12 of 2021) [2023] KEBPRT 1193 (KLR) (5 May 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1193
- Citation
- [2023] KEBPRT 1193 (KLR)
- Decided
- 5 May 2023
The landlord is entitled to vacant possession of the premises and the tenant is to render vacant possession of the suit premises failing which he will be evicted by a licensed auctioneer.
Facts
The landlord, Anna G. Njeru and Dominisiano Marete Njeru, applied for orders against the tenant, Dr. Wilson Kivuti Namu, to pay arrears of rent amounting to Kshs. 457,500/= and to give vacant possession of the suit premises. The tenant, Namu, had entered into a consent with the landlord on March 17, 2021, to pay outstanding rent arrears of Kshs. 320,000/= by November 30, 2021. The tenant failed to comply with the terms of the consent.
Issues
- Tenant's failure to pay rent as per the consent agreement
- Tenant's vacating the premises without paying rent
Reasoning
The tenant failed to pay the rent as agreed, and the tenancy was terminated by an agreement of parties. The landlord is entitled to the arrears of rent and the vacant possession of the premises.
Outcome
The landlord's application was allowed.
Orders
- Tenant to pay arrears of rent amounting to Kshs. 457,500/=
- Tenant to give vacant possession of the suit premises
Remedies
- Eviction by a licensed auctioneer if tenant fails to vacate the premises
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