Sir Me Pix Photography v Libiso (Tribunal Case E031 of 2024) [2025] KEBPRT 196 (KLR) (15 January 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 196
- Citation
- [2025] KEBPRT 196 (KLR)
- Decided
- 15 January 2025
The Tribunal ordered the Respondent to provide payment account details to the Tenant within 14 days and to make payment of the rent owed outstanding at Kshs. 280,000 as at August 2024 no later than 14 days from the date of receipt of the payment account details from the Landlord.
Facts
The Applicant, Sir Me Pix Photography, entered into a tenancy agreement with the Respondent, Kent Libiso, for a property in Kisumu Municipality. The lease agreement stipulated a monthly rent of Kshs. 85,000. The Respondent issued a notice to terminate the tenancy due to irregular rent payments and outstanding arrears of Kshs. 280,000. The Applicant referred the dispute to the Tribunal under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Issues
- Whether the Applicant is entitled to the Orders sought.
- Whether the Respondent is in breach of the lease agreement.
Reasoning
The Tribunal found that the Respondent's failure to provide payment details prevented the Tenant from making rent payments, which amounted to a breach of the landlord's duty to facilitate the tenant's performance under the lease agreement.
Outcome
The Respondent was ordered to provide payment account details and make rent payment within 14 days, with no penalty for late payment during the pendency of the proceedings.
Orders
- The Respondent and/or their agents are hereby restrained from evicting the Applicant from the suit premises.
- The Respondent is ordered to provide the necessary payment account details to the Tenant within 14 days.
- The Tenant is ordered to make payment of the rent owed outstanding at Kshs. 280,000/= as at August 2024 no later than 14 days from the date of receipt of the payment account details from the Landlord.
- Penalty for late payment of rent shall not apply for the period between 15th July 2024 and the date of delivery of this Ruling, being 15th January 2025.
- The Landlord is at liberty to issue any notice it so wishes.
- For avoidance of doubt, the Notice issued by the Landlord during the pendency of these proceedings shall be of no effect.
Remedies
- Payment of rent
- Eviction prevention
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 Laws of Kenya
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