This archive report was first published on 23 April 2020.
On April 23, 2020, the Institution of Surveyors of Kenya (ISK) released a statement urging Kenyans to respect rent payment as a contractual obligation between landlords and tenants.
According to ISK, tenants who want their rent waived must negotiate with their landlords according to their contractual agreements. The institution recommends dialogue between individual landlords, through their property managers, and tenants on the best way forward as provided for in the lease/tenancy agreements.
ISK also suggested that parties may consider options such as a reduction in rent due during the pandemic, rent waiver during the pandemic, or rent deferment until the situation normalizes, with an understanding that the unpaid rent shall be settled once things resume to normalcy.
ISK has asked the government to issue a tax relief for rental income so that landlords can waive rent for their tenants. The institution has also requested the removal of the 10 per cent rental income tax due on residential properties and reduction of VAT on commercial buildings to enable landlords pass on the benefits to their tenants.
ISK emphasized that landlords, like tenants, have been affected by the ongoing crisis and that property investment is a business like any other with many owners relying on rents to meet their personal obligations.
ISK has also cautioned the public to ignore people and groups advising tenants against paying their rents until further notice and urged the government to rein in such elements to protect property rights as enshrined in the constitution and law.
