[2024] KEBPRT 680 (KLR)
The Tribunal found that the tenant, having been duly served with the notice to terminate tenancy and failing to file a reference in opposition as required by Section 6(1) of Cap 301, allowed the landlord's notice to become effective. Consequently, the tenancy stood terminated from the effective date specified in the...
Source-derived case information.
- Citation
- [2024] KEBPRT 680 (KLR)
- Parties
- Applicant: Robert Makatiani; Respondent: Razia Shitinda
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E058 of 2024
- Procedural Posture
- Landlord Tenant Reference / Ruling
- Outcome
- Landlord's notice to terminate tenancy approved; tenancy terminated; orders granted for rent arrears, vacant possession, and costs against tenant.
- Judges
- CN Mugambi
- Legal Topics
- Business Premises Tenancy, Termination of Tenancy, Rent Arrears, Notice to Terminate, Failure to File Reference
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Robert Makatiani
Applicant
Razia Shitinda
Respondent
Procedural Posture
Landlord Tenant Reference / Ruling
Legal Issues
- 1 Whether the landlord's notice to terminate tenancy is effective where the tenant fails to file a reference in opposition.
- 2 Whether the landlord is entitled to rent arrears and vacant possession of the premises.
Ratio Decidendi
The Tribunal found that the tenant, having been duly served with the notice to terminate tenancy and failing to file a reference in opposition as required by Section 6(1) of Cap 301, allowed the landlord's notice to become effective. Consequently, the tenancy stood terminated from the effective date specified in the notice. The landlord was therefore entitled to recover outstanding rent arrears and obtain vacant possession of the premises. The Tribunal approved the landlord's notice in its entirety and issued orders for payment of arrears, delivery of vacant possession, and costs against the tenant.
Court Disposition
Landlord's notice to terminate tenancy approved; tenancy terminated; orders granted for rent arrears, vacant possession, and costs against tenant.
Orders
- The tenant shall pay the landlord the outstanding rent arrears up to the date of the ruling.
- The tenant shall render vacant possession of the premises, failing which the landlord may use a licensed auctioneer to forcefully remove the tenant.
Full Case Text
Judgment text and source record
21 paragraphs
Makatiani v Shitinda (Tribunal Case E058 of 2024) [2024] KEBPRT 680 (KLR) (26 April 2024) (Ruling)
Neutral citation: [2024] KEBPRT 680 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E058 of 2024
CN Mugambi, Chair
April 26, 2024
Between
Robert Makatiani
Applicant
and
Razia Shitinda
Respondent
Ruling
1. The Landlord’s Reference dated 26. 3.2024 is brought under Section 12(4) of Cap 301 of the Laws of Kenya on the grounds that;-“The Tenant has not filed any Reference to oppose the termination notice served on her dated 13. 4.2023 and has expired. I request the Rent Tribunal Court and OCS Khayega police station order the Tenant to pay rent and to vacate the premises.”
2. The Landlord’s notice to terminate tenancy is the one dated 13. 4.2023 and is brought on the grounds;-“That the Tenant has refused to pay rent, she has rent arrears of Kshs. 45,000/=. Efforts to recover the rent arrears has failed, I request the Rent Tribunal court and the OCS Khayega police station to order the Tenant to pay all the rent arrears and vacate the business premises.”
3. The notice to terminate tenancy was served upon the Tenant on 15. 4.2024 and an affidavit of service has been filed by Mr. Anthony Masyongo, a licensed process server.
4. The Tenant though served has not notified the landlord that he does not wish to comply with the notice to terminate tenancy neither has he filed any reference to the Tribunal in opposition to the notice to terminate his tenancy in conformity with Section 6(1) of Cap 301 of the Laws of Kenya.
5. The consequence of the failure by the Tenant to refer the matter of the notice to the Tribunal is that the Landlord’s notice to terminate tenancy dated 13. 4.2023 became effective on 1. 7.2023 and the tenancy therefore stood terminated from the effective date.
6. Consequently, I do find merit in the Landlord’s notice to terminate tenancy and the same is approved in its entirety. That being the case, it is hereby ordered;-a.That the Tenant will pay the Landlord the outstanding rent arrears up to the date of this Ruling.b.That the Tenant will render vacant possession of the premises failjng which the Landlord will be at liberty to forcefully remove the Tenant from the premises using a licensed auctioneer.c.That the Tenancy herein is declared as terminated with effect from 1. 7.2023. d.That the Tenant will bear the costs of the Reference.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 26TH DAY OF APRIL, 2024HON. CYPRIAN MUGAMBICHAIRPESONBUSINESS PREMISES RENT TRIBUNALDelivered in the absence of the parties