[2025] KEBPRT 275 (KLR)

[2025] KEBPRT 275 (KLR)

The tribunal found that the landlord's valuation report was more persuasive because it provided specific comparables for similar premises on the same street, whereas the tenant's report did not disclose its comparables. The tribunal emphasized that its duty is to assess the reasonableness of the proposed rent increase, taking into account both the current tenancy terms and prevailing open market rates. While the landlord sought a 75% increase, the tribunal considered this excessive in the absence of evidence regarding the duration of the current rent and to meet the test of reasonableness. Accordingly, the tribunal approved a 50% increase, setting the new rent at Kshs. 22,500 per month,...

Citation
[2025] KEBPRT 275 (KLR)
Parties
Applicant: Samir Abdulwahid Miran; Respondent: Najmun Edward
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
30 April 2025
Case Number
Tribunal Case E250 of 2024
Procedural Posture
Rent Determination Application / Ruling on Reference Against Landlord's Notice to Increase Rent
Outcome
Landlord's notice to increase rent partially allowed; rent increased to Kshs. 22,500 per month effective 1 May 2025; each party to bear own costs; file closed.
Judges
CN Mugambi
Legal Topics
Controlled Tenancy, Rent Assessment, Valuation Reports, Open Market Rent, Tribunal Powers
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Rent Assessment Valuation Reports Open Market Rent Tribunal Powers

Case Brief

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Parties

Samir Abdulwahid Miran

Applicant

Najmun Edward

Respondent

Procedural Posture

Rent Determination Application / Ruling on Reference Against Landlord's Notice to Increase Rent

Legal Issues

  1. 1 Whether the landlord's notice to increase rent from Kshs. 15,000 to Kshs. 26,300 per month should be allowed.
  2. 2 Which valuation report provides a more reliable basis for determining the reasonable rent for the premises.
  3. 3 What is the reasonable rent payable for the suit premises under the applicable law.

Ratio Decidendi

The tribunal found that the landlord's valuation report was more persuasive because it provided specific comparables for similar premises on the same street, whereas the tenant's report did not disclose its comparables. The tribunal emphasized that its duty is to assess the reasonableness of the proposed rent increase, taking into account both the current tenancy terms and prevailing open market rates. While the landlord sought a 75% increase, the tribunal considered this excessive in the absence of evidence regarding the duration of the current rent and to meet the test of reasonableness. Accordingly, the tribunal approved a 50% increase, setting the new rent at Kshs. 22,500 per month,...

Court Disposition

Landlord's notice to increase rent partially allowed; rent increased to Kshs. 22,500 per month effective 1 May 2025; each party to bear own costs; file closed.

Orders

  • The rent payable for the suit premises is assessed at Kshs. 22,500 per month effective 1 May 2025.
  • Each party shall bear their own costs.