[2021] KEBPRT 439 (KLR)
The tribunal found that there was no dispute as to the existence of rent arrears owed by the respondent to the applicant. The respondent admitted both the tenancy relationship and the arrears, attributing non-payment to financial difficulties. The tribunal determined that the applicant was entitled to issue a lawful...
Source-derived case information.
- Citation
- [2021] KEBPRT 439 (KLR)
- Parties
- Applicant: Teresia Wanjiku Kinuthia; Respondent: Vinepack Limited
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 15 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed in part; applicant granted leave to issue lawful notice of termination of tenancy; costs awarded to applicant; other prayers declined.
- Legal Topics
- Controlled Tenancy, Rent Arrears, Distress for Rent, Termination of Tenancy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresia Wanjiku Kinuthia
Applicant
Vinepack Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the respondent is liable to pay the outstanding rent arrears as claimed by the applicant.
- 2 Whether the applicant is entitled to issue a lawful notice of termination of tenancy.
- 3 Whether the applicant should be granted leave to levy distress for rent against the respondent.
Ratio Decidendi
The tribunal found that there was no dispute as to the existence of rent arrears owed by the respondent to the applicant. The respondent admitted both the tenancy relationship and the arrears, attributing non-payment to financial difficulties. The tribunal determined that the applicant was entitled to issue a lawful notice of termination of tenancy in accordance with the law. However, since the respondent had already vacated the premises during the pendency of the case, the tribunal declined to grant leave to levy distress for rent or the other ancillary prayers. The tribunal awarded costs of Kshs.20,000/- to the applicant, recognizing her entitlement to the arrears and the costs incurred...
Court Disposition
Application allowed in part; applicant granted leave to issue lawful notice of termination of tenancy; costs awarded to applicant; other prayers declined.
Orders
- The applicant is granted leave to issue a lawful notice of termination of tenancy.
- The respondent shall pay costs of Kshs.20,000/- to the applicant.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR TRIBUNAL CASE NO. 15 OF 2020 (NYERI)
TERESIA WNJIKU KINUTHIA....APPLICANTLANDLADY
VERSUS
VINEPACK LIMITED.....................TENANT/RESPONDENT
RULING
1. By a motion dated 17th February, 2020 the Landlady is seeking for orders to compel the Respondent to immediately settle the outstanding rent arrears of Kshs.387,750/- and in default, she be allowed to levy distress.
2. The Landlady is also seeking leave to issue a lawful notice of termination of tenancy and finally that the O.C.S. King’ong’o Police Station enforces the orders.
3. The application is supported by the Landlady’s affidavit sworn on 17th February, 2020 and the grounds on the face of the application.
4. The landlady leased out the suit premises to the Tenant from 1st May 2016 at a monthly rent of Kshs.47,500/- with a 10% increase per annum. The terms were however not reduced into writing.
5. The Tenant failed to pay rent from June, 2019 which had accumulated to Kshs.387,750/- by the time of filing the suit.
6. Despite demands being made for payment of the said arrears, the Tenant blatantly and unlawfully declined to comply thereby depriving the Landlady her lawful income and livelihood.
7. As a result, the Landlady has suffered financial loss for which she seeks a remedy.
8. The Tenant filed a replying affidavit through one JOHN KIMANI, a manager employed by the company on 12the March, 2021 and filed in court on 19th March 2021.
9. The Tenant admits being in a contractual relationship with the Landlady in respect of the demised premises being L.R. No. NYERI MUNICIPALITY BLOCK II/102 at a monthly rent of Kshs.47,500/- with an agreed 10% increase per annum.
10. It admits that the tenancy is a controlled one within the meaning of section 2(1) of Cap. 301, Laws of Kenya.
11. The Tenant however denies that it neglected to pay rent without justifiable cause stating that no evidence has been tendered by the Applicant to support the claim and that failure to remit rent is not a result of negligence or refusal on CEO part.
12. The Tenant attributes the said arrears to financial difficulties it was experiencing from the month of June 2019.
13. The Tenant contends that it vacated the suit premises to prevent further accumulation of money owed to the Landlady and pledged to settle the arrears in three instalments.
14. I have considered the application and the Tenant’s response and it is clear that there is no dispute that the amount claimed by the Landlady is owing by the Tenant.
15. In the premises, I allow the application dated 17th February 2021 in terms of prayer 2 with costs of Kshs.20,000/- to the Landlady.
16. As the Tenant vacated the suit premises in the pendency of the case, I decline to grant leave to levy distress and all the other prayers.
RULING DATED, SIGNED & DELIVERED THIS 18TH DAY OF UNE, 2021.
HON. GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
In the presence of:
Miss Njoroge for the Applicant
Miss Moenga holding brief for Kabugu for Respondent/Tenant