Unjustifiable rent increment, verbal abuse, threats, utilities cut off and improper waste disposal are just but a few of the problems as a renter you face in the hands of rogue landlords.
To avoid the unnecessary inconveniences resulting from tenancy disputes, it is important that you as a tenant know your rights under the law and as regards the tenancy agreement you signed.
Related: Do You Know Your Basic Rights as a Tenant? Here’s Why You Should
What is the tenancy law?
In Kenya, the laws governing tenancy and resultant disputes are two, The Rent Restriction Act Cap 296 laws of Kenya and The Landlord and Tenant (shops, Hotel and Catering Establishment Act) Cap 301.
The latter is meant to protect tenants dwelling in houses where monthly rent payable is 2500/- and below from exploitation by landlords while guaranteeing the landlord reasonable profit from his investment in housing.
It also establishes the Rent Tribunal which besides listening to the tenancy disputes offers mediation services as a cheap way of resolving disputes.
The latter was established to regulate tenancy created by a lease, agreement for lease or by tenancy agreement. Moreover, it also establishes a tribunal known as the Business Premise Tribunal though with limited jurisdiction over a special category of tenancy agreement referred to as controlled tenancy.
What areas does the Act cover?
Controlled tenancy is described under the Act to mean tenancy which has not been reduced into writing or if it has been reduced into writing, runs for a period not exceeding five years or that which allows either party to terminate the tenancy before the lapse of five years.
Is the landlord allowed to increase rent?
Yes, the landlord can increase the rent but the same must be done in accordance with the law.
A landlord who wishes to increase rent or to change any fundamental term of the tenancy agreement including termination of the tenancy must serve a notice of not less than one month. The notice according to section 4(5) of the landlords and Tenants (shops, Hotels and Catering Establishment must outline the reasons for increasing rent or altering a term of the tenancy agreement.
Can you object the rent increment?
On the other hand, as a tenant who wishes to object to the rent increment or termination of the tenancy, you must notify the Landlord within 30 days after receipt of the notice.
However, an objection alone is not enough, you as the tenant must before the date when the said notice is to take effect, refer the matter to the tribunal whereupon the notice shall be of no effect until and subject to the determination of the reference by the tribunal.
Can the landlord evict you?
Illegally evicting a tenant by the landlord is considered as harassment and courts will allow actions brought by tenants for compensation for illegal eviction.
What about your house deposit?
On security deposits, the tenant is entitled to a refund of the security deposit on condition that the tenant must have cleared all his or her rent arrears and that the premise is at least in the condition they were when the tenant moved in.
Can your landlord lock you out due to rent?
Yes, it is a right of the landlord to confiscate household property belonging to the tenant for purposes of recovering the rent in arrears. Furthermore, the landlord locking you out is against the law unless it’s due to rent.
Moreover, it violates the right to peaceful enjoyment of the possession of the premise by the tenant and places a barrier to utilisation of the premise by the tenant.
As a renter, you need to be aware of your own rights in order to handle these rogue landlords. Therefore, go through the act and be informed.