[2024] KETAT 1552 (KLR)
The Tribunal found that the tenant was in uncontested arrears of Kshs 1,000,500 as of May 2024 and had conceded to the landlord's application. The Tribunal held that the duty to pay rent is fundamental to the tenancy relationship, and the landlord is entitled to recover arrears and seek possession where the tenant...
Source-derived case information.
- Citation
- [2024] KETAT 1552 (KLR)
- Parties
- Applicant: Ashwin Bid; Respondent: Peter Mburu Mwangi
- Court
- Tax Appeal Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E567 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Notice of Motion for Eviction and Rent Arrears
- Outcome
- Application allowed; orders granted in favour of the landlord.
- Judges
- P May
- Legal Topics
- Landlord Tenant Disputes, Rent Arrears, Eviction Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ashwin Bid
Applicant
Peter Mburu Mwangi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Notice of Motion for Eviction and Rent Arrears
Legal Issues
- 1 Whether the tenant is in arrears of rent and has breached the tenancy agreement.
- 2 Whether the landlord is entitled to orders of eviction and recovery of arrears.
- 3 Whether the tenant should be allowed to settle arrears by instalments.
Ratio Decidendi
The Tribunal found that the tenant was in uncontested arrears of Kshs 1,000,500 as of May 2024 and had conceded to the landlord's application. The Tribunal held that the duty to pay rent is fundamental to the tenancy relationship, and the landlord is entitled to recover arrears and seek possession where the tenant defaults. The Tribunal ordered the landlord to serve an updated statement of accounts and directed the tenant to clear all outstanding arrears within 14 days of receipt, failing which the landlord may commence recovery proceedings, including distress for rent, without further reference to the Tribunal. Costs were awarded to the landlord.
Court Disposition
Application allowed; orders granted in favour of the landlord.
Orders
- The landlord shall within 3 days from the date hereof serve the tenant with an updated statement of accounts.
- The tenant shall within receipt of the said statement clear all the outstanding rent arrears within 14 days.
Full Case Text
Judgment text and source record
22 paragraphs
Bid v Mwangi (Tribunal Case E567 of 2024) [2024] KETAT 1552 (KLR) (Commercial and Tax) (6 November 2024) (Ruling)
Neutral citation: [2024] KETAT 1552 (KLR)
Republic of Kenya
In the Tax Appeal Tribunal
Commercial and Tax
Tribunal Case E567 of 2024
P May, Member
November 6, 2024
Between
Ashwin Bid
Landlord
and
Peter Mburu Mwangi
Tenant
Ruling
1. The application before me is the landlord’s notice of motion dated 6th May, 2024 which principally sought orders of eviction against the tenant. The application was premised on the grounds set out on the face of the application. The landlord contended that the tenant had fallen into heavy arrears and had reneged on their promises to clear the arrears by way of instalments. The landlord stated that the tenant had also locked the premises and failed to yield vacant possession.
2. The tenant responded to the application by filing a brief replying affidavit sworn on 9th August, 2024 where they conceded to the application but urged the Tribunal to consider paying the arrears by way of monthly instalments of Kshs. 150,000/- beginning in the month of August until payment in full.
3. The parties elected to have the application canvassed by way of written submissions. From perusal of the application, the response and the submissions on record it is clear that the dispute herein is fairly straightforward.It is plain that by the May, 2024 the Tenant was in rent arrears at Kshs 1,000,500/-
4. The duty to pay rent being at the heart of every tenancy, the failure to do so is an affront to the rights of the landlord. The Tribunal wishes to draw the wisdom of the case of; Samuel Kipkorir Ngeno & another v Local authorities Pension Trust (Registered Trustees) and another (2013) eKLR where the High Court held that:-“A Tenant’s first and main obligation is to pay rent as and when it becomes due, for the Landlord has the right to an income from his investment. Why would a Tenant allow himself to fall into such high arrears of rent?
5. The question of arrears being uncontested and the tenant having conceded to the application, it will be an academic exercise to belabor on the merits of the application.
6. Flowing from the above, the following orders commend itself:i.The landlord shall within 3 days from the date hereof serve the tenant with an updated statement of accounts.ii.The tenant shall within receipt of the said statement clear all the outstanding rent arrears within 14 days. In default the landlord shall be at liberty to commence recovery proceedings including levying of distress without any further reference to the Tribunal.iii.This ruling settles the reference dated 6th May, 2024. iv.The landlord is awarded costs assessed at Kshs. 50,000/-.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 6THDAY OF NOVEMBER, 2024. HON. PATRICIA MAYMEMBERBUSINESS PREMISES RENT TRIBUNALDelivered in the presence of Wawira holding brief for Mukundi for the Applicant/Landlord, in the absence of the Respondent/Tenant