[2025] KEBPRT 270 (KLR)

[2025] KEBPRT 270 (KLR)

The Tribunal found that the landlords did not deny locking the premises or increasing the rent without following the statutory procedure under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. Section 4(2) of the Act requires landlords to give notice in the prescribed form before terminating a controlled tenancy or altering terms to the tenant's detriment, including rent increases. The landlords' actions in locking the premises and purporting to increase rent were therefore in breach of the Act and illegal. Consequently, the tenant was entitled to quiet possession, protection from unlawful eviction, and was not liable for rent during the period the premises were...

Citation
[2025] KEBPRT 270 (KLR)
Parties
Applicant: Judy Gacheri Murithi; Respondent: Kimani Njau; Respondent: Peter Njoroge
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
7 May 2025
Case Number
Tribunal Case E125 of 2025
Procedural Posture
Tribunal Application / Ruling on Interlocutory Application
Outcome
Application and reference allowed in favour of the tenant.
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Unlawful Eviction, Rent Increase Dispute, Quiet Possession
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Unlawful Eviction Rent Increase Dispute Quiet Possession

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Parties

Judy Gacheri Murithi

Applicant

Kimani Njau

Respondent

Peter Njoroge

Respondent

Procedural Posture

Tribunal Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the landlords' actions in locking the premises and increasing rent without due process were lawful.
  2. 2 Whether the tenant is liable to pay rent for the period when the premises were locked.
  3. 3 Whether the tenant is entitled to quiet possession and protection from eviction without due process.

Ratio Decidendi

The Tribunal found that the landlords did not deny locking the premises or increasing the rent without following the statutory procedure under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. Section 4(2) of the Act requires landlords to give notice in the prescribed form before terminating a controlled tenancy or altering terms to the tenant's detriment, including rent increases. The landlords' actions in locking the premises and purporting to increase rent were therefore in breach of the Act and illegal. Consequently, the tenant was entitled to quiet possession, protection from unlawful eviction, and was not liable for rent during the period the premises were...

Court Disposition

Application and reference allowed in favour of the tenant.

Orders

  • The tenant shall be allowed complete and quiet possession of the demised premises.
  • The rent payable on the demised premises shall not be altered in any way without complete compliance with the law.