THAT the Kenyan Law on Landlord tenants obligations and rights is a bit vague and is contained in various laws namely;
a)
The Landlord & Tenant ( Shops &
Catering Establishments) Act.
b)
Rent Restrictions Act
c)
The Distress for Rent Act
d)
Land Act.
2.
THAT under the
Landlord & Tenant Act, the tenancies covered are those relating to
commercial/businesses tenancies and disputes emanating from these tenancies if
there are below 5 years, should be referred to the business premises tribunal,
the tribunal operates as a circuit and therefore there are major delays and
violation of access to justice by parties.
3.
THAT under the
Rent Restrictions Act, it generally provides for dwelling houses, however the
Act restricts the same to dwelling houses with a Standard rent of below Kshs2500,
and therefore with the current economic dispensation, it means that the Act
locks out majority of dwelling houses tenancies.Disputes emanating from the tenancies
falling within the Act should be referred to the Rent Restrictions Act.
4.
THAT the
Land Act, which is the substantive law on matters land, provides for clarity on
the rights of landlord and tenants under its PART VI, which provides for
various leases and of importance a periodic lease, that arises when parties have
not written down the agreement, in that case the lease is renewed on a periodic
basis on acceptance of the rent.
5.
THAT under the
Land Act, there are implied rights and obligations implied in every lease namely;
a)
the tenant has the following obligations
amongst others;
i.
to pay rent.
ii.
to keep the premises in a habitable
condition.
iii.
to
allow inspection by landlord on reasonable
notice.
iv.
not to sublet without consent.
b)
the Landlord has the following obligations
amongst others;
i.
to allow tenant peaceable occupation.
ii.
not to derogate from the tenancy ie not
to allow use of the premises in a manner making it impossible for tenant to utilize
the tenancy.
iii.
to repair and keep premises habitable.
iv.
to pay tax and rates.
6.
THAT it is
important to note that the landlord must give requisite notices before
termination or eviction and even before change of terms.
7.
THAT whenever
there is a transfer, the transferee takes the land with its burdens, which will
extend to the tenants together with the prior terms they had with the
transferor.
