This archive report was first published on 11 July 2020.
July 11, 2020, marked a day when the harsh realities of tenancy in Kenya were laid bare. The COVID-19 pandemic had already taken a toll on businesses and lives, but Safe Waves Apartments Ltd saw an opportunity to increase rent by Sh5,000.
"In the midst of all the firing and coronavirus pandemic that has not only killed our businesses but also our miserable lives, Safe Waves Apartments Ltd has increased our rent by Sh5,000," a tenant lamented.
The Rent Restriction Act Cap 296 laws of Kenya and The Landlord and Tenant (Shops, Hotel and Catering Establishment Act) Cap 301 are supposed to govern tenancy disputes in Kenya. However, the reality on the ground is far from ideal.
According to Enock Onyango, a real estate agent, as long as there are desperate people, there will be unscrupulous landlords who abuse the power dynamic to harass, intimidate, and even increase rent without following due process.
The shortage of proper and affordable housing in Nairobi has created a huge number of desperate people clamouring for the few affordable houses and homes. This has led to a skewed relationship between tenants and landlords, with the latter holding all the cards.
For distressed tenants, the options are limited. They must first notify their landlord within 30 days after receiving the notice of unjustified rent increments. The Urban Landlords and Tenants Association is one legal body that can be used to lodge objections on the increments.
As the situation continues to deteriorate, it is essential for tenants to be aware of their rights and the laws that govern tenancy disputes in Kenya.
