Kamulu v Pere & another (Tribunal Case 38 of 2017) [2023] KEBPRT 1195 (KLR) (26 May 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1195
- Citation
- [2023] KEBPRT 1195 (KLR)
- Decided
- 26 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a decision of the Business Premises Rent TribunalCoramCYPRIAN MUGAMBI
Holding
The landlord's notice to terminate tenancy dated 24.4.2017 is of no effect.
Facts
The tenant, Janet Kamulu, occupied the premises since 2007 under an agreement with the landlord, Anthony Pere. The landlord, Vital Properties (K) Limited, issued a notice to terminate tenancy on April 24, 2017, citing the need to use the shop. The tenant filed a reference to the tribunal, and the matter proceeded for hearing.
Issues
- Whether the notice of termination of tenancy issued by the landlord is valid
- Whether the landlord has established the grounds for termination
- Whether the tenant is entitled to compensation for renovation costs
Reasoning
The lease agreement was in existence, and the landlord's notice was issued before the lease expired. The tenant's continued occupation after the lease expired turned the tenancy into a controlled tenancy.
Outcome
The landlord's notice is dismissed, and the tenant's claim for compensation is dismissed.
Orders
- The landlord's notice to terminate tenancy dated 24.4.2017 is of no effect.
- The tenant's claim for Kshs. 40,500/= against the landlord is dismissed.
- Each party shall bear their own costs.
Authorities cited
Legislation (2)
- Land Act 2012
- 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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