Charlie Kabue leased his shop at High Pole Commercial centre to Ray Matata for a period of two years. In the lease agreement, Ray Matata was...

      

Charlie Kabue leased his shop at High Pole Commercial centre to Ray Matata for a
period of two years. In the lease agreement, Ray Matata was prohibited from using the
shop for any other business other than for sale of groceries.
Charlie Kabue has discovered that Ray Matata has rented out the room used as a store
of the shop to Ben Chege.
Moreover, Ray Matata is in rent arrears. Mr. Charlie Kabue is aggrived and seeks your
advice on the remedies available to him.

Advise him.

  

Answers


Maurice
This problem is based on the obligations of the lessee in a tenancy agreement.

As a lessee Ray Matata is bound to observe certain obligations. For example, he is bound
not to sub-let the premises without Charlie Kabue's consent.

In addition the lease provides that the premises must not be used for any other purpose.

It is evident that Ray Matata is in breach of the lease agreement in two ways namely:
(a) Sub-letting the lease premises to Ben Chege.

(b) Rent arrears.

Charles Kabue is entitled to feel aggrieved and has certain remedies for redress. My advise
to him is to:
(i) Sue in damages for breach of the lease agreement.
(ii) Sue for the amount outstanding as rent (action for money).
(iii) Terminate the lease by notice or forfeiture as the circumstances
justify. However, he cannot terminate the lease by forfeiture unless
the lease contains a forfeiture clause.
maurice.mutuku answered the question on May 1, 2018 at 07:06


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