This archive report was first published on 3 July 2020.
July 3, 2020 - The Rent Restriction Act in Kenya provides tenants with legal rights that landlords must respect. Despite this, many tenants are unaware of these rights and are often pushed to the limit by landlords who refuse to listen to their pleas.
Having a contractual agreement between you and your landlord is crucial in protecting your rights as a tenant. This agreement should outline the terms of your lease, including the deposit, rent, and any penalties for late payments. It should also specify how the deposit will be refunded when you move out.
According to the Institution of Surveyors Kenya (ISK), if you have fallen behind on rent and have a contract in place, the first step you should take is to renegotiate with your landlord. Options such as rent deferment, rent waiver, and rent reduction may be available. Failure to have a contract may cost you dearly when you move out.
Landlords are also required to serve notice to the Rent Restriction Tribunal before increasing rent or evicting a tenant. The notice must be at least one month in advance, and the tribunal has the power to regulate rent increases and resolve disputes between landlords and tenants.
Carol Cheptoo, an arbiter and advocate of the High Court, advises tenants to check their tenancy agreement to see if the landlord's actions are in line with the agreement. "That qualifies as an illegal property auctioning for which you can sue in a court of law," she says.
For disputes that cannot be resolved through the Rent Restriction Tribunal, tenants can appeal to the High Court. The Landlord and Tenant Act also governs business rent issues, such as those related to shops, catering establishments, and hotels.
Community leadership, such as Nyumba Kumi and the Chief, can also play a role in resolving disputes between landlords and tenants. However, tenants must have a good record as a resident to benefit from this approach.
