Njira v Omollo & another (Tribunal Case E794 of 2021) [2023] KEBPRT 343 (KLR) (Civ) (19 May 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 343
- Citation
- [2023] KEBPRT 343 (KLR)
- Decided
- 19 May 2023
The 1st Respondent failed to issue a notice to increase rent as required by the Act, and the distress for rent was irregular and unlawful.
Facts
The Tenant has been renting the suit premises since 1997 under a verbal agreement. The 1st Respondent (Landlord) instructed the 2nd Respondent (Auctioneer) to distress for rent due to the Tenant's rent arrears. The Tenant filed a reference and obtained injunctive orders against the distress.
Issues
- Whether the Respondent issued a notice to increase rent to the Tenant?
- Whether the distress for rent was lawfully conducted?
Reasoning
The Act requires a landlord to give a notice to increase rent, and the 1st Respondent did not comply. The Tribunal has the power to permit distress for rent, but the 1st Respondent needed to seek leave to do so.
Outcome
The application for injunctive orders is allowed, and the 1st Respondent is ordered to return the Tenant's tools and file a statement of accounts for rent of Ksh 3,000 per month since 2015.
Orders
- Return the Tenant's tools within 5 days
- 1st Respondent to file and serve statement of accounts for rent of Ksh 3,000 per month since 2015 within 14 days
- Tenant to continue paying rent of Ksh 3,000 per month as and when it falls due
- 1st Respondent to be at liberty to distress if rent is not paid
Remedies
- Return of Tenant's tools
- Statement of accounts for rent of Ksh 3,000 per month since 2015
- Continued payment of rent of Ksh 3,000 per month
Authorities cited
Legislation (1)
- Landlord and Tenants (Hotels, Shops and Catering Establishments) Act Cap 301
Cases cited (2)
- Fredrick Mutua Mulinge t/a Kitui Uniform v Kitui Teachers Housing Cooperative Society Limited [2017] eKLR
- Lall vs Jeypee Investments Ltd Nairobi HCCA No 120 of 1971 (1972) EA 512
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