Njeru v Karingithi (Tribunal Case E687 of 2022) [2023] KEBPRT 229 (KLR) (12 April 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 229
- Citation
- [2023] KEBPRT 229 (KLR)
- Decided
- 12 April 2023
The tenant's notice of motion is allowed, the rent increment is reasonable, and the tenant is ordered to pay KShs. 17,000 monthly rent from May 1, 2023. The landlord is required to undertake repairs of the veranda and toilet within 30 days, and each party bears their costs.
Facts
The tenant and landlord entered into a tenancy agreement on August 7, 2020, over land with reference number DAG/Riruta/2748. The landlord issued a notice to terminate the tenancy on July 5, 2022, and increased the rent from KShs. 15,000 to KShs. 17,000. The tenant sought to invalidate the notice and rent increase.
Issues
- Validity of landlord's notice to terminate tenancy
- Reasonableness of rent increase
- Responsibility for repairs
Reasoning
The notice to terminate the tenancy was issued within the prescribed period and in the prescribed form. The rent increase was reasonable and within market rates. The landlord's notice lacked merit due to the lack of substantive grounds for eviction.
Outcome
Tenant's application allowed
Orders
- Tenant to pay KShs. 17,000 monthly rent from May 1, 2023
- Landlord to undertake repairs of veranda and toilet within 30 days
- Each party to bear their costs
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations, 1966
- Landlord and Tenant Act, Cap 301
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