Mtondoi v Hemed (Tribunal Case E308 of 2023) [2024] KEBPRT 666 (KLR) (7 May 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 666
- Citation
- [2024] KEBPRT 666 (KLR)
- Decided
- 7 May 2024
The Landlord’s termination notice is invalid as there is no evidence of a firm and real intention to renovate. The Tenant is found to be in default and required to pay outstanding arrears.
Facts
The Landlord issued a termination notice to the Tenant dated 11th October 2023 for renovations and rent arrears. The Tenant filed a Reference and Application seeking restraining orders. The Tribunal certified the matter as urgent and issued restraining orders pending hearing and determination.
Issues
- Whether the Landlord’s Termination Notice dated 11th October 2023 is valid
- Whether the Tenant is in rent arrears
Reasoning
The Tribunal found that the Landlord failed to provide evidence of a genuine and firm intention to renovate, and thus the termination notice is invalid. The Tenant is found to be in default and required to pay outstanding arrears.
Outcome
The Tenant’s Reference and Application is allowed.
Orders
- Tenant to clear any outstanding arrears as ordered on 21st July 2023 within 30 days from the date hereof
- Tenant to keep paying rent to the Landlord as and when it falls due
- Failure to comply with (i) and (ii) as ordered above shall accord the Landlord liberty to distress for rent arrears and take back vacant possession of the suit property
- OCS Makupa Police Station to ensure compliance with (iii) above
- Landlord to be at liberty to issue a fresh notice at a time when they are ready to provide proof of the intention to utilize the premises
- Each party to bear their own costs
Remedies
- Payment of outstanding arrears
- Continued payment of rent
Authorities cited
Legislation (1)
- The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya
Cases cited (1)
- Fisher v Taylors Furnishing Stores Ltd [1956] 2 All ER 78
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