[2023] KEBPRT 1294 (KLR)
The Tribunal found that the landlord had properly served the notice to terminate tenancy in accordance with Section 4 of Cap 301, and the tenant failed to file any reference or objection as required by law. Under Section 10 of Cap 301, the notice thus became effective on the specified date, terminating the tenancy....
Source-derived case information.
- Citation
- [2023] KEBPRT 1294 (KLR)
- Parties
- Applicant: Gabriel Oduori Osyena; Respondent: Busibwabo Matunda Self Help Group
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E009 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Reference for Termination of Tenancy and Recovery of Arrears
- Outcome
- Application allowed. Tenancy terminated. Orders granted as prayed.
- Judges
- CN Mugambi
- Legal Topics
- Controlled Tenancy, Termination of Tenancy, Rent Arrears, Service of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Oduori Osyena
Applicant
Busibwabo Matunda Self Help Group
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Reference for Termination of Tenancy and Recovery of Arrears
Legal Issues
- 1 Whether the landlord's notice to terminate tenancy was valid and properly served.
- 2 Whether the tenant's failure to file a reference rendered the notice effective and tenancy terminated.
- 3 Whether the landlord is entitled to rent arrears, electricity bill, and vacant possession.
Ratio Decidendi
The Tribunal found that the landlord had properly served the notice to terminate tenancy in accordance with Section 4 of Cap 301, and the tenant failed to file any reference or objection as required by law. Under Section 10 of Cap 301, the notice thus became effective on the specified date, terminating the tenancy. The landlord's claims for rent arrears and electricity bill were unchallenged and therefore merited. The Tribunal ordered termination of tenancy, payment of arrears and electricity bill, vacant possession within 30 days, and awarded costs to the landlord.
Court Disposition
Application allowed. Tenancy terminated. Orders granted as prayed.
Orders
- The tenancy between the tenant and landlord is terminated.
- Tenants to render vacant possession within thirty (30) days, failing which landlord may evict using a licensed auctioneer.
Full Case Text
Judgment text and source record
21 paragraphs
Osyena v Busibwabo Matunda Self Help Group (Tribunal Case E009 of 2023) [2023] KEBPRT 1294 (KLR) (14 September 2023) (Ruling)
Neutral citation: [2023] KEBPRT 1294 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E009 of 2023
CN Mugambi, Chair
September 14, 2023
Between
Gabriel Oduori Osyena
Applicant
and
Busibwabo Matunda Self Help Group
Respondent
Ruling
1. The landlord’s reference to the Tribunal is brought under Section 12(4) of the Act, Cap 301 dated 7. 1.2023 and it concerns the tenant in that, I quote;“The tenant has not filed any reference to oppose the termination notice served on them dated 19. 10. 2022 and has expired. I request the rent Tribunal court and OCS Busia (K) police station order the tenant to pay rent arrears plus electricity bill and vacate the business premises.”
2. The landlord’s notice to terminate tenancy is the one dated 19. 10. 2022. The grounds upon which termination is sought are that, I quote;“The tenants have refused to pay rent; they have rent arrears of Kshs 290,000/= plus electricity bill of Kshs 6,000/=. Efforts to recover the arrears and electricity bill have failed. I request the rent Tribunal court and OCS Busia (K) police station order tenant to pay all rent arrears plus electricity bill and vacate the business premises.”
3. The tenants were duly served with the notice but they did not file any reference to the Tribunal under Section 6(1) in objection thereto. I have perused the affidavit of service filed by one Mr. Hillary Okanga Onwete sworn on 21. 10. 2022 and I am satisfied that proper service was effected upon the tenants. I have also perused the landlord’s notice to terminate tenancy and I find the same to be valid and in compliance with Section 4 of Cap 301.
4. Failure by the tenants to file an objection by way of a reference to the Tribunal effectively meant that the notice to terminate tenancy became effective on the date indicated therein in terms of Section 10 of Cap 301 which provides as follows:-“where a landlord has served a notice in accordance with the requirements of Section 4 of this Act on a tenant, and the tenant fails within the appropriate time to notify the landlord of his unwillingness to comply with such notice or to refer the matter to a tribunal then subject to Section 6 of this Act, such notice shall have effect from the date therein specified to terminate the tenancy or terminate or alter the terms and conditions thereof or the rights or services enjoyed thereunder.”
5. Consequently, the landlord’s notice to terminate tenancy in this case took effect on 1. 1.2023 and beyond then, the tenants became trespassers upon the landlord’s premises. The landlord’s claim for the payment of rent arrears and the electricity bill also being unchallenged is found to be merited.
6. In the circumstances, I do make the following orders:-a.That the tenancy between the tenant and the landlord is hereby terminated.b.That the tenants will render vacant possession of the suit premises within thirty (30) days of this Ruling failing which the landlord will be at liberty to evict them using a licensed auctioneer.c.That the tenants will pay to the landlord the rent arrears of Kshs 290,000/= and any other accrued rent (if any) and also pay the electricity bill accrued (if any) failing which the landlord will be at liberty to execute.d.The landlord will have the costs of the suit assessed at Kshs 25,000/=.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14TH DAY OF SEPTEMBER 2023. HON. CYPRIAN MUGAMBI - CHAIRPERSON14. 9.2023In the absence of the parties