Nyakundi v Mutimba (Tribunal Case E036 of 2024) [2024] KEBPRT 861 (KLR) (18 June 2024) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 861
- Citation
- [2024] KEBPRT 861 (KLR)
- Decided
- 18 June 2024
The notice of rent increment dated 3rd April 2024 and the notice of termination of tenancy dated 4th December 2023 are declared illegal and of no legal effect. The Tenant is allowed quiet possession of the demised premises and the Landlord is ordered to pay Kshs.10,000 in costs to the Tenant, to be offset against rent payable.
Facts
The Tenant, Edwin Nyakundi, initiated proceedings against the Landlord, Rasid Mutimba, alleging that the Landlord had unlawfully terminated the tenancy and incrementally raised the rent. The Landlord had issued notices of termination and rent increment, but the Tenant claimed these were not in compliance with the law.
Issues
- Whether the Landlord's notice of rent increment was lawful
- Whether the Landlord's notice of termination of the tenancy was lawful
- Who should bear the costs of the suit
Reasoning
The notices were not compliant with the law as they did not follow the prescribed form and duration as required by the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and its regulations.
Outcome
The appeal is allowed, and the Tenant is granted quiet possession of the premises.
Orders
- The notice of increment of rent dated 3rd April 2024 and the notice of termination of tenancy dated 4th December 2023 are declared illegal and of no legal effect.
- The Tenant is allowed quiet possession of the demised premises.
- The Landlord is ordered to pay Kshs.10,000 in costs to the Tenant, to be offset against rent payable.
Remedies
- Quiet possession of the demised premises for the Tenant
Authorities cited
Legislation (3)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301)
- Regulations to the Act
- Civil Procedure Act
Cases cited (1)
- Fredrick Mutua Mulinge T/A Kitui Uniform vs Kitui Teachers Housing Co-operative Society Ltd (2017) eKLR
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