[2023] KEBPRT 1319 (KLR)
The Tribunal found that the landlord's notice dated 4/4/2023 did not satisfy the requirements of a statutory notice under Section 4 of Cap 301. As such, the notice was invalid and could not be used as a basis for increasing rent. The Tribunal held that the tenant's application had merit and allowed it, restraining...
Source-derived case information.
- Citation
- [2023] KEBPRT 1319 (KLR)
- Parties
- Applicant: Fabian Investment Limited; Respondent: Deveer Developers Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E452 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- tenant's application allowed
- Judges
- CN Mugambi
- Legal Topics
- Rent Increase Disputes, Statutory Notice Requirements, Tenant Protection, Landlord Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fabian Investment Limited
Applicant
Deveer Developers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the landlord's notice to increase rent was valid under Section 4 of Cap 301.
- 2 Whether the landlord could lawfully increase rent from Kshs. 80,000 to Kshs. 110,000 without proper notice.
Ratio Decidendi
The Tribunal found that the landlord's notice dated 4/4/2023 did not satisfy the requirements of a statutory notice under Section 4 of Cap 301. As such, the notice was invalid and could not be used as a basis for increasing rent. The Tribunal held that the tenant's application had merit and allowed it, restraining the landlord from increasing rent or interfering with the tenant's occupation until proper statutory procedures are followed.
Court Disposition
tenant's application allowed
Orders
- The landlord is restrained from increasing rent from Kshs. 80,000 to Kshs. 110,000 without following the right procedure.
- The landlord is restrained from interfering with the tenant's quiet occupation and lawful enjoyment of shop No. 8 on plot No. 209/232/10 OTC Building.
Full Case Text
Judgment text and source record
26 paragraphs
Fabian Investment Limited v Deveer Developers Limited (Tribunal Case E452 of 2023) [2023] KEBPRT 1319 (KLR) (18 July 2023) (Ruling)
Neutral citation: [2023] KEBPRT 1319 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E452 of 2023
CN Mugambi, Chair
July 18, 2023
Between
Fabian Investment Limited
Tenant
and
Deveer Developers Limited
Landlord
Ruling
Introduction 1. The Tenant’s application dated 4th May 2023 seeks orders that the Landlord/Respondent be restrained from increasing rent from Kshs. 80,000/= to Kshs. 110,000/= without following the right procedure. The Applicant has also sought an order restraining the landlord from in any manner whatsoever interfering with the tenant’s quiet occupation and lawful enjoyment of shop No. 8 on plot No. 209/232/10 OTC Building, hereinafter, the suit premises.
The Tenant’s Depositions 2. The tenant has filed an affidavit sworn on 4/5/2023 wherein it has deponed that the tenant has been paying a monthly rent of Kshs. 80,000/=.
3. The tenant has further deponed that the landlord has increased the rent to Kshs. 110,000/= though the landlord has never served the tenant with any notice to increase rent.
4. That the tenant has heavily invested in the suit premises and unless the landlord is restrained, he stands to suffer loss and damage.
The Landlord’s Depositions 5. The landlord’s replying affidavit sworn by Sunil Savla, a director of the landlord has deponed that the notice dated 4/4/2023 was issued in good faith and not in breach as alleged and offers justiciable reasons.
6. The landlord has also deponed that the Respondent’s right to increase rent cannot be denied provided that it was justifiable and sufficient notice was provided.
7. It is further deponed that in abuse of the court process, the tenant has not paid rent since the filing of this suit.
8. That the Tribunal has powers to approve the terms of the tenancy notice in its entirety or subject to amendments or alternatives.
Analysis and Determination 9. I think the only issue that arises for determination is whether the landlord’s notice to increase rent is a valid notice under the provisions of Cap 301.
10. I have seen thenotice dated 4/4/2023 and it does not satisfy the requirements of a statutory notice as provided for under Section 4 of Cap 301. It cannot therefore be the basis for the increment of rent and I hold it to be invalid and of no legal consequence.
11. The upshot of the above finding is that; the tenant’s complaint and application dated 4/5/2023 have merit and are allowed. The tenant will have the costs of the application and complaint assessed at Kshs. 30,000/=.
RULING DATED, SIGNED & DELIVERED VIRTUALLY THIS 18TH DAY OF JULY 2023HON. CYPRIAN MUGAMBICHAIR PERSON18. 7.2023In the presence of;-Mr. George Muchai ----tenantIn the absence of the landlord.