Common practices in landlord-tenant relationship and legal provisions in Kenya

  

Date Posted: 7/5/2012 3:22:10 AM

Posted By: macawear88  Membership Level: Silver  Total Points: 163

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There are practices that are commonly applied in the landlord-tenant relationship. These as well as their legal position have been discussed below:
i. Security deposits.
This is a fee that is normally paid by the tenant while moving into the premises. The fee is refundable at the end of the tenancy. The refund is subject to some conditions. One of the conditions is that the tenant should have cleared all his/her debts and arrears. The premises should be in good condition or at least the condition they were the tenant moved in. The landlord is obliged to refund the tenant his security deposit within a reasonable time.
ii. Rent Increases.
Before any increment by the landlord a notice should be given to the tenant. The notice should be served within a reasonable time and it should not ambush the tenant. The reasonable time depends upon the terms of the covenant governing the relationship.

iii. Lock-outs by landlords
Generally, a lock- out by the landlord is against the law. This is because it defies the right of peaceful enjoyment of the possession by the tenant. It also pose as an encumbrance to usage of the premises by the tenant. In the Kenyan law this is covered in section 49 (b) of the landlord and tenants act. The act provides that:

‘a landlord or agent or servant of a landlord who willfully subjects a tenancy to any annoyance with the intention of inducing or compelling the tenant o vacate or to pay directly or indirectly commits an offence and liable to a fine not exceeding two month payment of the rent of the premises or to imprisonment for a term not exceeding two months, or both.”

iv. Eviction
No landlord, agent or servant of a landlord has the power to evict a tenant without the order from the tribunal. In case

of termination of the tenancy, the landlord has to apply for a order from the tribunal in order to evict the tenant. The tenant on the other hand is not supposed to forcefully stay in the premises as this will affect the owner’s right of ownership. The tenant is under duty to give back the possession to the owner.

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