City Hub Electronics Limited v JAD Agencies (Tribunal Case E1013 of 2023) [2024] KEBPRT 181 (KLR) (15 January 2024) (Ruling)

Facts

The landlord, City Hub Electronics Limited, filed a reference under Section 12(4) of the Landlord and Tenant (shops, Hotels and catering establishments) Act, Cap 301, seeking rent arrears, surrender of vacant possession, and enforcement by the OCS Central police station. The tenant, JAD Agencies, denied breaching the tenancy agreement and claimed the landlord's notice of termination was unlawful.

Issues

1. Whether the landlord’s notice of termination is lawful
2. How much in rent arrears is owed to the landlord by the tenant and whether levy of distress should be allowed
3. Who should bear the costs of the suit

Reasoning

The notice of termination must include the grounds for seeking such termination, as per Section 7(1)(9) of the Act. The prescribed form for such notice is Form A, as provided by Regulation 4(1) of the Act. The letter by the landlord's advocate dated 4.1.2023 is not a notice of termination.

Outcome

The landlord's notice of termination is found to be unlawful.

Authorities cited