Akubu & another v Mwaniki (Tribunal Case E084 of 2023) [2023] KEBPRT 470 (KLR) (1 September 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 470
- Citation
- [2023] KEBPRT 470 (KLR)
- Decided
- 1 September 2023
The tenant's Reference and Application are dismissed, and the tenant is ordered to pay Kshs 579,540 in arrears within 30 days from the date of this ruling.
Facts
The tenant rented space from the landlord and was served with a Notice to Terminate tenancy on October 5, 2022, which was to take effect on January 6, 2023. The tenant denied being in arrears and claimed an agreement with the landlord for extending/repairing sewer lines and deducting 50% of rent, while the landlord claimed the tenant was in arrears and had sublet the premises.
Issues
- Whether the Notice to terminate tenancy issued by the landlord is valid
- Whether the tenant is in arrears and if there was an agreement for extending/repairing sewer lines
Reasoning
The tenant was found to be in arrears and had sublet the premises, which constituted a material breach of the agreement. There was no agreement for extending/repairing sewer lines.
Outcome
The tenant's Reference and Application are dismissed
Orders
- The tenant shall offset the arrears owed to the landlord being Kshs 579,540.00 as at August 2023 within 30 days from today
- Failure by the tenant to comply with order (b) above shall accord the landlord the liberty to distress, break in and take back possession of the property with the assistance of OCS Kasarani Police Station
- The landlord shall have costs assessed at 30,000 also payable within 30 days from the date of this ruling
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
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