Bihi v Omar (Tribunal Case E456 of 2023) [2024] KEBPRT 1741 (KLR) (16 December 2024) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 1741
- Citation
- [2024] KEBPRT 1741 (KLR)
- Decided
- 16 December 2024
The landlord's notice to vacate is invalid and of no legal effect. The tenant is liable to pay monthly rent of Kshs 75,000/= for the period between March 2021 to February 2022, Kshs 78,750/= for the period between March 2022 to March 2023, and Kshs 82,687.50 for the period between March 2023 to February 2024.
Facts
The tenant and landlord had a verbal tenancy agreement for the business premises, with an initial monthly rent of Kshs 50,000/=. The rent was increased to Kshs 75,000/=/ in March 2021, and the tenant paid the new rent for some months. The landlord sent auctioneers to recover rent arrears, and the tenant paid the increased rent for a while but then stopped.
Issues
- Validity of landlord's notice to vacate
- Rent payable by the tenant
- Rent arrears
Reasoning
The notice to vacate was not in the prescribed form and did not give the tenant the period of two months stipulated under the statute. The tenancy agreement was for three years, and the rent increment was for the duration of the tenancy.
Outcome
Tenant's Reference allowed to the extent that the landlord's notice to vacate is declared invalid.
Orders
- Tenant's Reference allowed
- Tenant not to be evicted unless fresh notice is issued
- Tenant to pay monthly rent of Kshs 75,000/= for the period between March 2021 to February 2022
- Tenant to pay monthly rent of Kshs 78,750/= for the period between March 2022 to March 2023
- Tenant to pay monthly rent of Kshs 82,687.50 for the period between March 2023 to February 2024
- Landlord not to be entitled to make further rent increment without issuing notice in prescribed form
- Rent arrears to be agreed upon by both parties
Remedies
- Eviction of tenant is prevented
- Tenant to pay rent as per the tenancy agreement
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301, Laws of Kenya
Cases cited (1)
- Manaver N Alibhai t/a Diani Boutique - vs- South Coast Fitness & Sports Centre Limited Civil Appeal No. 203 of 1994
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