[2025] KEBPRT 229 (KLR)

[2025] KEBPRT 229 (KLR)

The tribunal found that the landlord had established that the tenant was in arrears for the month of February 2025, as evidenced by the tenancy agreement and the formal demand for payment. The application was unopposed, and the tenant did not dispute the arrears. The tribunal therefore ordered the tenant to clear the outstanding rent within thirty days, failing which the landlord would be at liberty to levy distress for the said rent using a licensed auctioneer. The tribunal also ordered that the tenant bear the costs of the application and complaint, and directed that the file be closed.

Citation
[2025] KEBPRT 229 (KLR)
Parties
Applicant: Cytonn Intergrated Project LLP; Respondent: Antony Ngigge Mwangi
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
11 April 2025
Case Number
Tribunal Case E265 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Leave to Levy Distress for Rent
Outcome
application allowed with conditions
Judges
CN Mugambi
Legal Topics
Commercial Tenancy, Rent Arrears, Distress for Rent, Landlord Tenant Disputes
Source Language
English
Land and Property Commercial Tenancy Rent Arrears Distress for Rent Landlord Tenant Disputes

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Parties

Cytonn Intergrated Project LLP

Applicant

Antony Ngigge Mwangi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Landlord's Application for Leave to Levy Distress for Rent

Legal Issues

  1. 1 Whether the landlord is entitled to leave to levy distress for rent against the tenant for unpaid rent.
  2. 2 Whether the tenant should be ordered to clear rent arrears within a specified period.
  3. 3 Who should bear the costs of the application and complaint.

Ratio Decidendi

The tribunal found that the landlord had established that the tenant was in arrears for the month of February 2025, as evidenced by the tenancy agreement and the formal demand for payment. The application was unopposed, and the tenant did not dispute the arrears. The tribunal therefore ordered the tenant to clear the outstanding rent within thirty days, failing which the landlord would be at liberty to levy distress for the said rent using a licensed auctioneer. The tribunal also ordered that the tenant bear the costs of the application and complaint, and directed that the file be closed.

Court Disposition

application allowed with conditions

Orders

  • The tenant shall clear the rent arrears for February 2025 and any other outstanding rent within thirty (30) days.
  • If the tenant fails to clear the rent arrears as ordered, the landlord is at liberty to levy distress for the said rent using a licensed auctioneer.