[2025] KEBPRT 343 (KLR)

[2025] KEBPRT 343 (KLR)

The Tribunal found that, notwithstanding any irregularity in the original assignment of the lease, the Landlord's conduct—specifically, the continued acceptance of rent and lack of objection to the Tenant's occupation—created an implied tenancy protected under Cap 301. The Tribunal further held that the Landlord's termination notice was invalid as it failed to comply with the statutory requirement of providing at least two months' notice. Consequently, the Tenant is entitled to remain in occupation unless and until a valid notice is issued and takes effect, subject to compliance with outstanding rent payments as previously directed by the Tribunal.

Citation
[2025] KEBPRT 343 (KLR)
Parties
Applicant: Touchstone Properties Ltd; Respondent: Catherine Ndigwa Mwobia
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
25 June 2025
Case Number
Tribunal Case E297 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
Tenant's application allowed; implied tenancy declared; termination notice invalid; occupation to continue subject to compliance with rent payment.
Judges
A Muma
Legal Topics
Controlled Tenancy, Implied Tenancy, Termination Notice Requirements, Landlord Tenant Disputes
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Implied Tenancy Termination Notice Requirements Landlord Tenant Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Touchstone Properties Ltd

Applicant

Catherine Ndigwa Mwobia

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the Applicant has a valid and lawful tenancy capable of protection under Cap 301.
  2. 2 Whether the Tenant should be evicted from the premises.

Ratio Decidendi

The Tribunal found that, notwithstanding any irregularity in the original assignment of the lease, the Landlord's conduct—specifically, the continued acceptance of rent and lack of objection to the Tenant's occupation—created an implied tenancy protected under Cap 301. The Tribunal further held that the Landlord's termination notice was invalid as it failed to comply with the statutory requirement of providing at least two months' notice. Consequently, the Tenant is entitled to remain in occupation unless and until a valid notice is issued and takes effect, subject to compliance with outstanding rent payments as previously directed by the Tribunal.

Court Disposition

Tenant's application allowed; implied tenancy declared; termination notice invalid; occupation to continue subject to compliance with rent payment.

Orders

  • It is declared that there exists an implied tenancy relationship between the Landlord and the Tenant.
  • The tenancy termination notice dated 19th March 2025 is declared invalid for non-compliance with Section 4(4) of Cap 301.