[2025] KEBPRT 342 (KLR)

[2025] KEBPRT 342 (KLR)

The Tribunal found that the Landlady failed to prove any of the grounds relied upon in the notice to terminate tenancy. The evidence showed that the Tenant was not in rent arrears at the time the notice was issued; in fact, the Tenant had made excess payments. There was no credible evidence of subletting by the Tenant, as the Landlady did not produce any supporting documentation or call the alleged sub-tenant as a witness. Regarding the alleged need for renovations or reconstruction, the Landlady did not provide sufficient evidence, such as photographs or an engineer's report, to demonstrate the necessity or extent of the works, nor did she show that such works could not be carried out...

Citation
[2025] KEBPRT 342 (KLR)
Parties
Applicant: Cecilia Kanini Keli; Respondent: Lilian Wambua
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
16 July 2025
Case Number
Tribunal Case E957 of 2024
Procedural Posture
Tribunal Reference / Ruling on Notice to Terminate Tenancy
Outcome
Tenant's reference allowed; notice to terminate tenancy dismissed; costs awarded to Tenant.
Judges
CN Mugambi
Legal Topics
Controlled Tenancy, Termination of Tenancy, Rent Arrears, Subletting, Renovation and Reconstruction
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Termination of Tenancy Rent Arrears Subletting Renovation and Reconstruction

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Parties

Cecilia Kanini Keli

Applicant

Lilian Wambua

Respondent

Procedural Posture

Tribunal Reference / Ruling on Notice to Terminate Tenancy

Legal Issues

  1. 1 Whether the Landlady has proved the grounds for termination of tenancy as set out in the notice dated 21.6.2024.
  2. 2 Whether the Tenant was in rent arrears at the time of the notice to terminate tenancy.
  3. 3 Whether there was evidence of subletting by the Tenant.

Ratio Decidendi

The Tribunal found that the Landlady failed to prove any of the grounds relied upon in the notice to terminate tenancy. The evidence showed that the Tenant was not in rent arrears at the time the notice was issued; in fact, the Tenant had made excess payments. There was no credible evidence of subletting by the Tenant, as the Landlady did not produce any supporting documentation or call the alleged sub-tenant as a witness. Regarding the alleged need for renovations or reconstruction, the Landlady did not provide sufficient evidence, such as photographs or an engineer's report, to demonstrate the necessity or extent of the works, nor did she show that such works could not be carried out...

Court Disposition

Tenant's reference allowed; notice to terminate tenancy dismissed; costs awarded to Tenant.

Orders

  • The Landlady's notice to terminate tenancy dated 21.6.2024 is of no effect.
  • The Tenant's reference dated 29.8.2024 is allowed.