Gitahi v Njenga & 2 others (Tribunal Case E825 of 2023) [2024] KEBPRT 4 (KLR) (16 January 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 4
- Citation
- [2024] KEBPRT 4 (KLR)
- Decided
- 16 January 2024
The Notice of termination by the Landlord/respondent dated 8th August 2023 is invalid and of no legal effect.
Facts
Hannah Nduta Gitahi, the tenant, has been renting space for business in Kikuyu-Rumwe Plot No. 36 T/A Hannah Pub since 2018. The landlord, Godfrey Muhuri Njenga, issued a verbal notice to vacate the premises, claiming the business was closed due to the Kiambu County Government's action. The tenant disputes this, stating the premises were closed due to the landlord's failure to provide adequate sanitary facilities.
Issues
- Whether the Notice to Terminate tenancy issued by the Landlord and the reasons advanced are legal and should be upheld?
Reasoning
The notice was issued without following the prescribed procedure as outlined in the Land and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301, which requires a notice to be given in the prescribed form and not less than two months after receipt.
Outcome
The Tenant’s Reference and Application dated 23rd August 2023 is hereby allowed.
Orders
- The Notice of termination by the Landlord/respondent dated 8th August 2023 is invalid and of no legal effect.
- Tenant to continue paying rent on due dates as agreed.
- OCS Kikuyu Police Station to ensure compliance.
- Each party to bear its own costs.
Authorities cited
Legislation (1)
- Land and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301
Cases cited (1)
- Munaver N Alibhai T/A Diani Boutique v South Coast Fitness & Sports Centre Limited [1995] eKLR
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