LANDLORD AND TENANT BILL, 2007

8TH June 2007

THE LANDLORD AND TENANT BILL, 2007

ARRANGEMENT OF CLAUSES

PART I – PRELIMINARY

1. Short title and commencement date

2. Interpretation.

3. Application

PART II – ESTABLISHMENT, COMPOSITION AND

JURISDICTION OF LANDLORD AND TENANT
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TRIBUNAL

4. Establishment and composition of Tribunal

5. Chief Executive Officer

6. Powers of Tribunal

7. Officers of Tribunal

8. Investigation of complaints by tribunal

9. Penalty for failure to comply with order of tribunal

10. Appeals

11. Annual reports

PART III – GENERAL PROVISIONS RELATING TO

TENANCIES

12. Fair rent

13. Permitted increase in rent

14. Lawful increase in rent

15. Decrease in services, etc

16. Deemed acceptance to where no notice of termination

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17. 12 – month Rule

18. Penalty for false statement in notice

19. Form of tenancy agreement

20. Termination of tenancies without reference to tribunal

21. Notice of termination

22. Effect of payment

23. Where notice void

24. Notice by tenant

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25. Notice by landlord for use of premises

26. Notice, demolition, conversion or repairs

27. Additional grounds for termination notice

28. Notice of termination, further contravention

29. Assignment of a tenancy

30. Subletting

31. Application for refusal to assign or sublet

32. Alteration of terms and conditions in a tenancy

33. Reference to Tribunal

34. Decision of a Tribunal

35. Effect of a notice where tenant fails to refer to tribunal

36. Compensation for misrepresentation

37. Recovery of sum paid on account of rent

38. Statement to be supplied as to rent

39. Record of the payment of rent

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40. Removal of furniture by landlord

41. Penalty for depriving tenant possession

42. Conditions of statutory tenancies

43. Notification of estimates of market cost of construction pr

market rate of construction

44. Repairs

43. Effective date of order

46. Expiry date of order

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47. Power of tribunal on eviction

48. Expedited eviction order

PART IV – MISCELLANEOUS

49. Penalty for subjecting tenant to annoyance

50. Enforcement of orders

51. Service of documents

52. Compensation for frivolous and vexatious application

53. Right of entry

54. Prosecution of offences

55. Liability of tribunals and officers

56. Distress for rent

57. Death of tenant

58. Abandonment

59. Landlord may dispose property

60. Government and local Authority premises

61. Power of exemption

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62 Regulations

63. Repeals

64. Transitional and savings

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A Bill
for an Act of Parliament to simplify, modernize and
consolidate the laws relating to renting of business and
residential premises; to establish a framework for the
regulation of landlords and tenants so as to promote
stability in the rental sector; protect tenants from unlawful
rent increases and unlawful evictions; to balance the
responsibilities of landlords and tenants and to provide for
the adjudication of disputes and other purposes incidental
thereto.

PART 1 – PRELIMINARY

Short title and 1. This Act may be cited as the Landlord and Tenant Act,
commencement date. 2007 and shall come into operation on the date appointed
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by the minister by notice in the Gazette.

Interpretation. 2.(1) For the purposes of this Act, except where the context
otherwise requires-

"composite tenancy" means a tenancy comprising more than

one premises where the tenancy is expressed to be in respect of,
or where a single rent is expressed to be payable in respect of,
all the premises;

“Chairperson” means a Chairperson appointed under section 4

and includes Deputy Chairpersons.

“fair rent” means the rent assessed and determined by the

Tribunal on the basis of the going rent for comparable lettings
taking into consideration the location, size, age, tenantable
quality and outgoings of the subject premises;

“holding” in relation to tenancy, for the purposes of this Act,

means the property comprised in the tenancy excluding such
part thereof as is not occupied by the tenant, the tenant’s
dependant or employees;

“inspector” means an officer of the Tribunal appointed under

section 7;

“the land” means the site of the premises (or a proportionate

part of the site where appropriate) and any other land included
in the letting;

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“landlord” in relation to a tenancy means;

(a) the person for the time being entitled as between that
person and the tenant, to the rent and profits of the
premises payable under the terms of the tenancy and
includes an agent, clerk or other person authorized to act
on the landlord’s behalf; and
(b) Includes the heirs, assigns, personal representatives and
successors in title of a person referred to in clause (a).

“let” includes sublet;

“market value” in relation to premises and land means the

current value of the premises and the land on the open market;
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“market rent” means the rent at which the premises concerned

might reasonably be let on the open market, based on the going
rent for comparable lettings taking into consideration location,
size, age, tenantable condition and outgoings of the subject
premises;

"Minister" means the Minister for the time being responsible for
matters relating to housing;

"outgoings" means all ground rent, fire insurance premiums,

rates, cost of repairs and management and letting commissions;

“premises” means a place of residence or business to which the

Act applies;

“reference” means a reference to the Tribunal under section 20;

“rent” includes any sum paid as valuable consideration for the

occupation of any premises, and any sum paid as rent or hire for
the use of furniture or as a service charge where premises are let
furnished or where premises are let and furniture therein is hired
by the landlord to the tenant or where premises, furnished or
unfurnished are let with services;

“requesting party” means a landlord or tenant of a tenancy by

whom a tenancy notice is given;

“receiving party” means a tenant or a landlord of a tenancy to

whom a tenancy notice has been given;

“Residential premises” means any living accommodation used

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or intended for use as a rented premises;

“service charge” means a charge for any service provided by the

landlord and includes a charge for any services provided or paid
for by the landlord such as security, conservancy, sanitation and
other amenities;

“services” in relation to a tenancy means the use of water, light

or power, conservancy, sewerage facilities, sweeper, watchman,
telephone or other amenities or facilities available to the tenant,
save and except the supplying of means, and the right of access
to any place or accommodation accorded to the tenant by reason
of the tenant’s occupation of the premises comprised in the
tenancy, but does not include capital expenditure on
maintenance;
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"service tenancy", in relation to a dwelling- house, means a

letting by the landlord to an employee in connexion with the
employee’s employment;

“ statutory duties or powers” include any duties or powers

imposed or exercised under any order having the force of law in
Kenya;

“tenancy” means a relationship created by a lease, agreement or

assignment and includes a sub-tenancy but does not include any
relationship between a mortgagor and mortgagee;

“tenancy agreement” means a written, oral or implied

agreement between a tenant and a landlord for occupancy of a
residential or business premises and includes a license to
occupy a rental unit;

“tenancy notice” means an express notice in writing given to the

landlord in accordance with the terms of that tenancy or in
accordance with the provision of this Act, of the tenants
intention to terminate the tenancy;

“tenant” in relation to a tenancy means the person for the time

being entitled to the tenancy whether or not the tenant is in
occupation of the holding, and includes the tenant’s family, a
sub-tenant and any person from time to time deriving title under
the original tenancy;

"Tribunal" means a Landlord and Tenant Tribunal established

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under section 4.

(2) Notwithstanding Anything contained in any other written

law requiring the registration of tenancies, evidence of a
tenancy may, for any of the purposes of this Act, be given in
proceedings whether such tenancy is registered or not.

Application 3. (1) This Act applies to -

(a) all residential premises , other than –

(i) excepted residential premises;

(ii) residential premises let on service tenancies;

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(iii) residential premises which have a fair rent not

exceeding fifteen thousand shillings per month,

furnished or unfurnished

and for the purposes of this paragraph, where a residential

premises is let on a composite tenancy each rented premises in
the composite tenancy shall be treated for the purposes of this
Act as though it were let on a separate tenancy;

(b) tenancy of a business premise -

(i) which has not been reduced into writing; or

(ii) Which has been reduced into writing and which

relates to premises of a class specified under subsection
(2) of this section.

(2) For the purposes of paragraph (b) of subsection (1) the

Minister may, by notice in the Gazette, specify, by reference to
rent paid or rateable value entered in a valuation roll under the
Valuation for Rating Act, classes of businesses premises
tenancies of which this Act shall apply.

(3) For purposes of this Act, the Minister in consultation with

the Director of Physical Planning may, by notice in the Gazette
divide the country into zones as a basis for regulation.

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(4) If any provision of this Act conflicts with a provision of

another Act, the provisions of this Act applies.

PART II – LANDLORD AND TENANT TRIBUNAL

Establishment and 4. (1) The Landlord and Tenant Tribunal is hereby

composition of Tribunal established for the purposes of settling disputes arising between
parties under this Act.

(2) The Tribunal shall consist of –

(a) a Chairperson who shall be a person qualified for

appointment as a Judge of the High Court of Kenya;

(b) Deputy Chairpersons as the minister may by notice in the

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Gazette appoint;

(c) The Chairperson of the Tribunal shall be appointed by the

Minister on advice of the Judicial Service Commission; and

(d) two other members for each Tribunal, being persons with
expert knowledge of the matters likely to come before the
Tribunal and who are not persons with a direct material interest
in Landlord and Tenant matters, all of whom shall be appointed
by the Minister.

(3) Subject to the control of the Chairperson, a Deputy

chairperson has and may exercise the powers, duties and
functions of the Chairperson under this Act.

(4) Deputy Chairpersons appointed under subsection (2) (d)

shall be persons who are advocates of the High Court of Kenya
for at least five years.

(5) The members of the Tribunal appointed under subsection (2)

shall hold office for such period, not exceeding five years, on
such terms and conditions as shall be specified in the instrument
of appointment but shall be eligible for re-appointment for one
further term of a period not exceeding five years.

(6) The provisions set out in the Schedule shall have effect with
respect to the meetings and procedure of the Tribunal.

(7) Except as provided in the Schedule, the Tribunal shall

regulate its own procedure.

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(8) Subject to subsection (1) the minister may by notice in the

gazette establish such number of tribunals over such areas to
exercise jurisdiction conferred under this Act.

(9) Tribunals established under subsection (8) shall be presided

over by deputy chairpersons appointed under sub-section (2)
(b).

Chief Executive Officer 5. The Chairperson shall be the Chief Executive of the
Tribunal.

Powers of Tribunal 6. (1) In the exercise of the powers conferred upon it by this
Act, the Tribunal shall have the same jurisdiction and powers in
civil matters as are conferred upon the High Court, and in
particular, (but without prejudice to the generality of the
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foregoing) shall have power to –

(a) administer oaths and order discovery and production

of documents;

(b) require any landlord or tenant to disclose any

information or evidence which the Tribunal
considers relevant regarding rents and terms or
conditions of tenancies;

(c) issue summons for the attendance of witnesses to

give evidence or produce documents; or both, before
the Tribunal;

(d) award costs in respect of references made to it;

(e) reinstate a wrongfully evicted tenant;

(f) grant injunctions;

(g) enforce its own orders and to punish for contempt in

the same manner as any court of law;

(h) award compensation other than for

misrepresentation:

(i) Order for payment of rent arrears;

(j) Review its decisions;

(k) award compensation for any loss incurred by a

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tenant on termination of a tenancy in respect of

goodwill; and for improvements carried out by the
tenant with the landlord’s consent;

(l) award compensation to the landlord for damage

arising from the willful conduct of the tenant; and

(m) require a tenant or landlord to appear before it at a

time and place specified by it and where such tenant
or landlord fails to appear

(2) Any person who-

(a) without lawful excuse, fails to comply with any

order, requirements or summons issued under
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subsection 1;

(b) having attended as a witness under summons,

departs without the permission of the tribunal; or

(c) subsequent to any adjournment fails to attend after

being ordered to do so,

Commits an offence and shall be liable to a fine not exceeding

ten thousand shillings.

Officers of tribunals 7. (1)The Tribunal shall appoint registered valuers, rent

inspectors, executive officers, process servers, clerks and such
other officers as shall be necessary for the proper functioning of
each tribunal.

(2) The Tribunal may engage persons other than its members or
employees to provide professional, technical, administrative or
other assistance to the Tribunal and may establish the duties and
terms of engagement and provide for the payment of their
remuneration and expenses.

Investigation of complaints 8.(1) In addition to any other powers specifically conferred on it

by the tribunal. by this Act, the Tribunal may investigate any complaint relating
to the tenancy of premises made to it by either a tenant or
landlord of those premises.

(2) Any tenant or any landlord making any such complaint to

the tribunal shall pay such fee as may be prescribed.

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(3) Nothing in this section shall preclude the tribunal from

taking cognizance of any infringement of this Act or of any
dispute or matter likely to lead to a dispute between a tenant and
a landlord of which no complaint has been made to the tribunal
under the provisions of this Act.

(4) Where a complaint has been made against a tenant or a

landlord, or against the agent or servant of either of them, or
where the tribunal has taken cognizance of any dispute or of any
facts which are likely to lead to a dispute between a landlord
and a tenant, the tribunal may order the parties or the landlord
or tenant, as the case may be, to appear before the tribunal at a
specified time and place for the purpose of investigating the
complaint or dispute.
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(5) Where the Tribunal investigates any complaint or other

matter under this section it may make such order in the matter,
being an order which it is by this Act empowered to make, as
the justice of the case may require.

Penalty for failure to 9. (1) Any person who fails to comply with any lawful order or
comply with a lawful order decision of the tribunal after the expiration of the time allowed
of a tribunal
for an appeal, or, if an appeal has been filed, after such order or
decision has been upheld, shall be guilty of an offence and
liable to a fine not exceeding one hundred thousand or to
imprisonment for a term not exceeding twelve months, or to
both.

(2) Any person who-

(a) fails to attend a tribunal after having been required to

do so;

(b) refuses to take oath or affirmation before a tribunal;

(c) being a public officer refuses to produce any article

or document when lawfully required to do so by the
Tribunal;

(d) knowingly gives false evidence or information

which is misleading before a tribunal; or
(e) at any sitting of the Tribunal, willfully-
(i) threatens or ridicules any member or
officer of a tribunal; or

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(ii) interrupts the proceedings or commits

any contempt of the Tribunal
Commits an offence.

Appeals 10. (1) Except as provided by subsection (2), the decision of a

tribunal under this Act shall be final and conclusive, and no
appeal shall lie to any court.

(2) An appeal shall lie to the High Court from any such decision
only on a point of law

(3) For the purpose of subsection (2), the determination of any

rent or of any sum shall be a matter of fact.
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Annual Reports 11. (1) At the end of each year, the Tribunal shall file with the
Minister an annual report on its affairs.

(2) The Minister shall submit the annual report before

parliament if it is in session or, if not, at the next session.

PART III– GENERAL PROVISIONS RELATING TO

TENANCIES

Fair rent 12. (1) The rent payable for any premises shall be determined
by mutual agreement of the parties to a tenancy agreement.

(2) Where an agreement cannot be reached by the parties at any

time during the tenancy, a Tribunal, on reference by either of
the parties, shall determine the fair rent of the premises.

(3)The comparables of similar lettings to be taken into

consideration under subsection (2) shall not be more than two
years older than the premises whose rent is under consideration.

(4) Where there are no comparables of similar lettings to be

taken into consideration under subsection (3), a Tribunal shall
determine fair rent for any premises based on the depreciated
replacement cost of the premises and the market value of the
land.

(5) Subject to this Act, the landlord is not entitled to recover any
rent in excess of the fair rent, notwithstanding any tenancy
agreement or lease executed between the landlord and the tenant
or any other agreement, in writing or otherwise, as to the
amount of rent payable made between the landlord and the

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tenant prior to or after the assessment of the fair rent.

Permitted increase of rent 13 (1) A landlord shall not increase the rent charged to a tenant
for a rented premises without giving the tenant at least ninety
(90) days written notice of intention to do so.

(2) The notice shall be in a prescribed form and must set

out the:
(a) landlord’s intention to increase the rent; and

(b) the amount of the new rent.

(3) an increase in rent is void if the landlord has not given

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the notice required by this section.

Lawful increase of rent 14. (1) A landlord may increase rent in accordance with section
13 if the landlord has,

(a) carried out or undertakes to carry out a specified capital

expenditure in exchange for the rent increase;

(b) provided or undertakes to provide a new or additional

service in exchange for the rent increase; or

(c) taken into account inflationary trends in the economy.

(2)For purposes of this section, capital expenditure is eligible if

it is necessary to,
(a) protect or restore the physical integrity of the
rented premises;

(b) Maintain the provision of a plumbing, electrical,

ventilation or air conditioning system;

(c) Provides access to persons with disabilities;

(d) promote energy or water conservation; or

(e) Maintain or improve the security of the premises

or part of it.

(3) An increase based on inflation under subsection (1) (c) shall

be based on the percentage change from year to year in the
Consumer Price Index for prices of goods and services as

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reported monthly by the Central Bureau of Statistics, averaged

over the 12-month period that ends at the end of December of
the previous calendar year, rounded to the first decimal point.

Decrease in services, etc 15. (1) A landlord shall decrease the rent charged to a tenant if
the landlord ceases to provide any prescribed service with
respect to the tenant’s occupancy of the rental premises.

(2) A decrease under subsection (1) must be proportionate to the

decrease of the services.

Deemed acceptance where 16. A tenant who does not give a landlord notice of termination
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no notice of termination. of a tenancy under section 19 after receiving notice of an

intended rent increase under section 13 is deemed to have
accepted whatever rent increase would be allowed under this
Act.

12 – Month Rule. 17. (1) A landlord who is lawfully entitled to increase the rent
charged to a tenant for the premises may do so only if at least
12 months have elapsed,

(a) since the day of the last rent increase

for that tenant in that rental premises, if
there has been a previous increase; or

(b) Since the day the premises were first

rented to that tenant.

Penalty for false statement 18. If a notice served under the provisions of subsection (1) of
in notice. section 13 contains any statement or representation which is
false or misleading in any material respect, the landlord is, upon
conviction guilty of an offence and liable to a fine not
exceeding twenty thousand shillings.

Form of tenancy agreement 19. (1) Parties to a tenancy agreement may adopt any form upon
which they may mutually agree to relate.

(2) All tenancies shall be subject to the implied terms and

conditions set out in the Schedule.

(2) The landlord in a tenancy agreement shall keep a record

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stating the;

(a) Particulars of the parties to a tenancy;

(b) Premises comprised therein; and

(c) Details of all payments of rent and of all repairs carried out
to the premises.

(3) The landlord must provide to the tenant a copy of the record
kept under this section.

(4) Whenever a landlord appoints an agent for the purposes of

effecting transactions relating to a tenancy, the particulars and
the scope of such agency must be in writing and must be made
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available to the tenant.

(5) Any agreement relating to a condition in a tenancy is void in

so far as it purports to-

(a) preclude the operation of this Act;

(b) provide for the termination or surrender of the

tenancy in the event of the tenant making an
application to the tribunal under this Act;

(c) provide for the imposition of any penalty liability on

the tenant on making any such application; or

(d) Terminate a tenancy without, notice to either party.

Termination of tenancy 20. (1) A landlord is entitled to terminate a tenancy without

without reference to a reference to the tribunal where—
tribunal.
(a) the period of the tenancy has expired; or

(b) an event upon which the tenancy is expressed to determine

has happened.

(2) The termination of a tenancy under this section shall not bar
the tenant from challenging the termination in the Tribunal.

(3)Where a tenant makes a reference to the tribunal under this

section, the tribunal may upon determination;

(a) award damages;

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(b)reinstate the tenant; or

(c) award such other remedy as it deems appropriate

if the termination was unjustified.

Notice of termination. 21. (1) Where this Act permits a landlord or tenant to give
notice of termination, the notice must be in a prescribed form
and must,

(a) Identify the premises for which the notice is given;

(b) State the date to which the tenancy is to terminate; and

(c) Be signed by the person giving the notice, or the

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person’s agent.

(2) If the notice is given by a landlord, it shall also set out the
reasons and details respecting the termination and inform the
tenant that,

(a) if the tenant vacates the premises in accordance with the

notice, the tenancy terminates on the date set out in section
(1)(b);and

(b) if the tenant does not vacate the premises, the landlord may
apply to the tribunal for an order terminating the tenancy and
evicting the tenant;

Effect of payment. 22. Unless a landlord and tenant agree otherwise, the landlord
does not waive a notice of termination, reinstate a tenancy or
create a new tenancy,

(a) by notice of rent increase; or

(b) by accepting arrears of rent or compensation for the use

or occupation of the premises after,

(i) the landlord or the tenant gives notice of

termination of the tenancy;

(ii) the landlord and the tenant enter into an

agreement to terminate the tenancy; or

(iii) the Tribunal makes an eviction or an order

terminating the tenancy.

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Where notice void. 23. (1) A notice of termination becomes void thirty (30) days
after the termination date specified in the notice unless,
(a) the tenant vacates the premises before that time; or

(b) the landlord applies for an order terminating the tenancy

and evicting the tenant before the time.

(2)Subsection (1) does not apply with respect to a notice based

on a tenant’s failure to pay rent.

Notice by tenant. 24. A tenant may terminate a tenancy at the end of a period of
the tenancy or at the end of the term of a tenancy for a fixed
term by giving notice of termination to the landlord in
accordance with this Act.
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Notice by landlord for use 25. (1) A landlord may, by notice, terminate a tenancy if the
of premises. landlord in good faith requires possession of the premises for
occupation by,

(a) the landlord;

(b) the landlord’s spouse; or

(c) a child or parent of the landlord or the landlord’s spouse.

(2) The date for termination specified in the notice shall be

at least sixty (60) days after the notice is given and shall be
the day a period of the tenancy ends, or, where the tenancy
is for a fixed term, the end of the term.

(3) A tenant who receives notice of termination under

subsection (1) may, at any time before the date specified in
the notice, terminate the tenancy, effective on a specified
date earlier than the date set out in the landlord’s notice.

(4) The date for termination specified in the tenant’s notice

shall be at least ten (10) days after the date the tenant’s
notice is given.

Notice, demolition, 26. (1) A landlord may give notice of termination of a tenancy if
conversion or repairs. the landlord requires possession of the premises in order to,

(a) demolish it;

(b) convert it to use for a purpose other than change of user;

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or

(c) do repairs or renovations to it that are so extensive that

they require a building permit and vacant possession of
the premises.

(2) The date for termination specified in the notice shall be at

least 120 days after the notice is given and shall be the day a
period of the tenancy ends or, where the tenancy is for a fixed
term, the end of the term.

(3) A tenant who receives notice of termination of termination

under subsection (1) may, at any time before the date specified
in the notice, terminate the tenancy, effective on a specified date
earlier than the date set out in the landlord’s notice.
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Additional grounds for 27. (1)A landlord may give a tenant notice of termination of
termination notice. their tenancy on any of the following grounds:

(a) the tenant has persistently failed to pay rent on the date
it becomes due and payable;
(b) the tenant was an employee of an employer who
provided the tenant with the premises during the tenant’s
employment and the employment has terminated;

(c) the tenancy arose by virtue of or collateral to an

agreement of purchase and sale of a proposed premise in
good faith and the agreement of purchase and sale has
been terminated.

(d) If the tenant or another occupant of the premises

commits an illegal act or carries on an illegal trade,
business or occupation or permits a person to do so in
the rented premises;

(e) If the tenant or a person whom the tenant permits in the

premises willfully or negligently causes damage to the
rental unit;

(f) If the conduct of the tenant or a person permitted in the

premises is such that it substantially interferes with
reasonable enjoyment of the premises for all usual
purposes by the landlord or another tenant or
substantially interferes with another lawful right,
privilege or interest of the landlord or another tenant;

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(g) If an act or omission of the tenant or a person permitted

in the premises by the tenant seriously impairs or has
seriously impaired the safety of any person, and the act
or omission occurs in the rented premises;

(h) If the number of persons occupying the rented premises

on a continuing basis results in a contravention of
health, safety or housing standards required by law;

(2) Except as provided for under this Act, the notice of

termination under this section is void if the tenant rectifies the
situation complained of within seven (7) days from the date
when the notice was issued.

Notice of termination, 28. (1) A landlord may give a tenant notice of termination of the
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further contravention. tenancy if,

(a) a notice of termination under section 27(1) (a), (e), (f)

and (h) has become void as a result of the tenant’s
compliance with the terms of the notice; and

(b) within six months after the notice mentioned in clause

(a) was given to the tenant, an activity takes place,
conduct or a situation arises that constitutes grounds for
a notice of termination under section 25, other than an
activity, conduct or a situation that is described in
subsection (1) (d) and that involves an illegal act, trade,
business or occupation described in clause.

(2) The notice under this section shall set out the date it is to be
effective and that date shall not be earlier than the fourteenth
(14th ) day after the notice is given.

Assignment of a tenancy 29(1) Subject to subsections (2), (3) and (6), and with the
consent of the landlord, a tenant may assign a rented premise to
another person.

(2) If a tenant asks a landlord to consent to an assignment of a

premises, the landlord may,

(a) consent to the assignment of the premises; or

(b) refuse consent to the assignment of the said premises.

(3) If a tenant asks a landlord to consent to the assignment of

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the rented premises to a potential assignee, the landlord may,

(a) consent to the assignment of the said premises to the

potential assignee; or

(b) refuse consent to the assignment.

(4) A tenant may give the landlord notice of termination under

section 29 Within thirty days (30) days after the date of the
request if;

(a) the tenant asks the landlord to consent to an assignment of

the premises and the landlord refuses to consent; or

(b) the tenant asks the landlord to consent to an assignment and

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the landlord does not respond within seven days after the
request is made;

(4) A landlord shall not unreasonably refuse consent to an

assignment of the rented premises.

(5) If a tenant has assigned a rental premises to another person,

the tenancy agreement continues on the same terms and
conditions and,

(a) the assignee is liable to the landlord for any breach of the
tenant’s obligations and may enforce against the landlord any of
the landlord’s obligations under the tenancy agreement or this
Act, if the breach or obligation relates to the period after the
assignment, whether or not the breach or obligation also relate
to the period before the assignment;

(b) the former tenant is liable to the landlord for any breach of
the tenant’s obligations and may enforce against the landlord
any of the landlord’s obligations under the tenancy agreement
or this Act, if the breach or obligation relates to the period
before the assignment;

(c) If the former tenant has started a proceeding under this Act
before the assignment and the benefits or obligations of the new
tenant may be affected, the new tenant may join or continue the
proceeding.

Subletting 30(1) A tenant may sublet a rented premise to another person

with the consent of the landlord.

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(2) A landlord shall not unreasonably withhold consent to the

subletting.

(3) If a tenant has sublet a premises to another person,

(a) the tenant remains entitled to the benefits, and is liable to the
tenant for the breaches, of the tenant’s obligations under the
tenancy agreement or this Act during the sub tenancy; and

(b) the subtenant is entitled to the benefits, and is liable to the

tenant for the breaches, of the subtenant’s obligations under the
subletting agreement or this Act during the sub tenancy.

Application for refusal to 31 (1) A tenant or former tenant may apply to the Tribunal for
assign or sublet an order determining that the landlord has unreasonably
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withheld consent to the assignment or subletting.

(2) No application may be made under subsection (1) more than

one year after the day the alleged conduct giving rise to the
application occurred.

(3) If the Tribunal determines that a landlord has

unlawfully withheld consent to an assignment or
sublet in an application under subsection (1), the
Tribunal may do one or more of the following:

(i)order that the assignment or subletting is

authorized;

(i) where appropriate by order authorize

another assignment or sublet proposed by
the tenant;

(ii) order that the tenancy be terminated;

(iii) Order an abatement of the tenant’s or

former tenant’s rent.

(2) The Tribunal may establish terms and conditions

of the assignment or sublet.

(3) If an order is made under paragraph (i) or (ii) of

subsection (3), the assignment or sublet shall
have the same legal effect as if the landlord had
consented to it.

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(4) If an order is made terminating the tenancy under

paragraph (iii) of subsection (3), the Tribunal
may order that the tenant be evicted, effective
not earlier than the termination date specified in
the order.

Alteration of terms and 32 (1) Notwithstanding the provisions of any other written law
conditions in a tenancy. or anything contained in the terms and conditions of a tenancy,
no term or condition in, or right or service enjoyed by the tenant
of any such tenancy shall be altered, otherwise than in
accordance with this section.

(2) A landlord who wishes to alter any;

(a) term or condition in; or

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(b) right or service enjoyed by the tenant;

under a tenancy to the detriment of the tenant, must give notice

to the tenant in the prescribed form.

(3) A tenant who wishes to obtain a reassessment of the rent of

a tenancy or the alteration of any term or condition in, or of any
right or service enjoyed by the tenant under such a tenancy,
must give notice in that behalf to the landlord in the prescribed
form.

(4) Except as may be provided for under this Act, no tenancy

notice shall take effect until such date, not being less than;

(a) thirty (30) days in the case of residential tenancies; and

(b) sixty (60) days in the case of business premises;

after receipt of the notice by the receiving party, as specified in

the notice:

(5)Notwithstanding the provisions of subsection (4),

(i) where notice is given of the termination of a tenancy,

the date of termination shall not be earlier than the
earliest date on which, but for the provisions of this Act,
the tenancy would have, or could have been, terminated;

(ii) where the terms and conditions of a

tenancy provide for a period of notice

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8TH June 2007

exceeding the period provided for in this

section, that period shall be substituted
for the period provided for in this section,
after the receipt of the tenancy notice;
(iii) the parties to the tenancy may agree in
writing to any lesser period of notice.

(6) A tenancy notice is not effective for any of the purposes of

this Act unless it specifies the grounds upon which the
requesting party seeks the termination, alteration or
reassessment concerned and requires the receiving party to
notify the requesting party in writing, within one month after
the date of receipt of the notice, whether or not the receiving
party agrees to comply with the notice.
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(7) (1) A tenancy notice may be given to the receiving party –

(a) by delivering it to;

(i) the receiving party personally;

(ii) an adult member of the receiving party’s Family who

ordinarily resides there.; or

(iii) any servant residing or employed in the

premises concerned; or

(iv) Affixing somewhere with permission of the

Tribunal.

(b) By sending it by prepaid registered post to the receiving

party’s last known address.

(2) A notice delivered or sent in accordance to subsection (1) is

deemed to have been given on the date on which it was so
delivered, or on the date of the postal receipt given by a person
receiving the letter from the postal authorities, as the case may
be.

Reference to tribunal 33 (1) A receiving party who wishes to oppose a tenancy notice,
and who has notified the requesting party under section 32 that
the receiving party does not agree to comply with the tenancy
notice, may, before the date upon which such notice is to take
effect, refer the matter to a tribunal.

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8TH June 2007

(2) where a reference has been made pursuant to subsection (1),

the notice shall not have effect in the case of business premises
until the Tribunal determines the reference;

(3) Notwithstanding the provisions of subsection (2) the

Tribunal may, for sufficient reason and on such conditions as it
may think fit, permit such a reference notwithstanding that the
receiving party has not complied with any of the requirements
of this section.

(4) A tribunal to which a reference is made shall, within seven

days after the receipt thereof, give notice of such reference to
the requesting party concerned.
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(5) A tribunal shall determine a reference made to it within six

months of receipt of the reference unless special circumstances
to be stated in writing by the tribunal necessitate a longer
period.

Decision of a Tribunal 34 (1) Upon a reference, a tribunal may, after such inquiry as
may be required by or under this Act, or as it deems necessary-

(a) approve the terms of the tenancy notice concerned, either in

its entirety or subject to such amendment or alteration as the
Tribunal thinks just having regard to all the circumstances of
the case; or

(b) order that the tenancy notice shall be of no effect; and in

either case make such further or other order as it thinks
appropriate.

(2) Without prejudice to the generality of this section, the

Tribunal may, upon any reference-

(a) determine or vary the rent to be payable in respect of the

tenancy, having regard to its terms and to the rent at which the
premises concerned might reasonably be expected to be let in
the open market, and disregarding-

(i) any effect on rent of the fact that the tenant has,
or the tenant’s predecessors in title have, been in
occupation of the premises;

(ii) any goodwill attached to the premises by reason of

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the carrying on in the premises of the trade, business or

occupation of the tenant or any such predecessor;

(iii) any effect on rent of any improvement carried

out by the tenant or any predecessor otherwise than in
pursuance of an obligation to the immediate landlord;

(b) Terminate or vary any of the terms or conditions of the

tenancy, or any of the rights or services enjoyed by the tenant,
upon such conditions, if any, as it deems appropriate.

(3) Where the Tribunal has made a determination upon a

reference, no further tenancy notice shall be given in respect of
the premises concerned, which is based on any of the matters
affected by the determination-
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(a) in the case of an assessment of rent, until after the expiration

of two years in the case of business premises and one year in the
case of residential premises; or

(b) in any other case, until after the expiration of twelve months,

after the date of the determination, unless the Tribunal, at the

time of the determination, specifies some shorter period.

Effect of notice where 35 Where a landlord has served a notice on a tenant under
tenant fails to refer to section 20 and the tenant fails to;
tribunal
(a) notify the landlord within the appropriate time of the
tenant’s unwillingness to comply with such notice, or

(b) refer the matter to a Tribunal,

then, subject to section 6 of this Act, such notice shall have

effect from the date specified in the notice to terminate the
tenancy, or terminate or alter the terms and conditions, thereof
or the rights or services enjoyed thereunder.

Compensation for 36 Where the Tribunal makes any order in respect of a tenancy
misrepresentation. under this Act and it is subsequently made to appear to the
tribunal that it was induced to make the order by the
misrepresentation or the concealment of material facts by either
party, the tribunal may order the offending party to pay to the
other party such sum as appears sufficient as compensation for
the damage or loss suffered by such other party as a result of

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8TH June 2007

such order.

Recovery of certain sums 37 (1) Where any sum has been paid on account of any rent,
paid on account of rent. being a sum which is, under this Act, irrecoverable by the
landlord, the sum so paid shall be recoverable from the landlord
who received payment, or from the landlord’s legal or personal
representative, by the tenant by whom it was paid, and any such
sum, and any other sum which under the provisions of this Act
is recoverable by a tenant from a landlord or payable or
repayable by a landlord to a tenant, may, without prejudice to
any other method of recovery, be deducted by the tenant from
any rent payable by the tenant to the landlord.

(2) If-
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(a) any person in any rent book or similar document makes an

entry showing or purporting to show any tenant as being in
arrears in respect of any sum which under this Act is
irrecoverable; or

(b) where an entry referred to in paragraph (a) has been made

by or on behalf of any landlord, the landlord on being requested
by or on behalf of the tenant so to do refuses or neglects to
cause the entry to be deleted within seven days,

that person or landlord commits an offence and is liable to a

fine not exceeding ten thousands shillings unless that person or
landlord proves that at the time of the making of the entry or the
neglect or refusal to cause it to be deleted the landlord had a
bona fide claim that the sum was recoverable.

(3) Any sum paid by a tenant which under subsection (1) is

recoverable by the tenant shall be recoverable at any time
within two years from the date of its payment.

(4) Nothing in this section shall revive any claim which was
barred by limitation at the commencement of this Act.

Statement to be supplied as 38 (1) A landlord of any premises must, on being requested in

to rent. writing by the tribunal or the tenant of the premises, supply to
the tribunal or tenant a statement in writing as to the amount of
the standard rent of the premises;

(2) A landlord who without reasonable excuse fails to comply

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8TH June 2007

with a request under subsection (1) within fourteen days (14), or

supplies a statement which is false in any material particular, is
guilty of an offence and liable to a fine not exceeding one
month’s rent of the premises.

(3) Subsection (1) shall apply only in cases where the premises
were on the 1st January, 1981, let or where the standard rent has
been determined by the tribunal.

(4) In subsection (1), "landlord" includes an agent, clerk or

other person employed by the landlord, and if any such agent,
clerk or other person fails to supply the tribunal or the tenant
with a statement in writing as to the amount of the rent of the
premises in accordance with this section the landlord shall be
answerable for that omission, and the landlord and the agent,
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clerk or other person shall each be guilty of the offence created

by subsection (1).

Record of the payment of 39.(1) Every landlord or his agent must keep a rent book for the
rent. premises, in such form as the Minister may approve, and must
provide each tenant with a copy.

(2) The rent book must contain;

(a) details of the parties to the tenancy

(b) the rented premises,

(c) the rent payable, and;

(c) a record of all payments of rent made.

(3) The landlord or his agent shall sign each entry in the rent
book.

(4) A landlord who contravenes the provisions of this section

commits an offence and is liable upon conviction to a fine not
exceeding one month’s rent of the rented premises.

Removal of furniture by 40(1) Subject to any agreement between the parties to a

the landlord. tenancy, where a landlord of any furnished premises wishes to
remove the furniture or soft furnishings, or any of them, with
which the premises were let, the landlord must apply to the
tribunal for permission to do so.

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8TH June 2007

(2) Upon any application being made under subsection (1), the
tribunal may;

(a) grant the application upon such terms and subject to such
conditions as the tribunal may consider reasonable, or

(b) refuse the application.

(3) Where an application under subsection (1) has been granted

and the furniture or the soft furnishings or any part thereof with
which such premises were let is removed by the landlord, the
rent of the premises shall be reduced-

(a) if the whole of the furniture or the soft furnishings or of both

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(as the case may be) are removed, by the percentage or by the
respective percentages of the value thereof which was or were
added to the rent;

(b) if part only of the furniture or the soft furnishings or of both

(as the case may be) is removed, by such proportion as the
tribunal may think reasonable of the percentage or of the
respective percentages of the value thereof as was added to the
rent.

(4) In this section, "soft furnishings" includes linen, cutlery,

kitchen utensils, glassware and crockery.

Penalty for depriving 41 (1) No landlord shall, except with the prior consent of the
tenant of service. tribunal, and no person other than a landlord shall without
lawful authority, do any act whereby-

(a) any tenant is or may be, either directly or indirectly,

deprived, or

(b) any other person is or will be enabled, either directly or

indirectly, to deprive any tenant of any water, light,
conservancy, sweeper or other service.

(2) Any person who contravenes the provisions of subsection

(1) shall be guilty of an offence and liable to a fine not
exceeding ten thousand shillings or to a term of imprisonment
not exceeding six months, or to both such fine and
imprisonment.

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Conditions of statutory 42(1) A tenant who, under the provisions of this Act, retains
tenancy possession of any premises shall, so long as the tenant retains
possession, observe and be entitled to the benefit of all the
terms and conditions of the original contract of tenancy, so far
as they are consistent with this Act, and shall be entitled to give
up possession of the premises only on giving such notice as
would have been required under the original contract of
tenancy, or, if no notice would have been so required, then,
notwithstanding any provision to the contrary in any law in
force, on giving not less than one month's notice:

(2) Notwithstanding the provisions of subsection (1) and

anything in the contract of tenancy, a landlord who obtains an
order for the recovery of possession of any premises or for the
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ejectment of a tenant retaining possession shall not be required

to give any notice to quit to the tenant.

(3) A tenant retaining possession shall not, as a condition of

giving up possession, ask for or receive payment of any sum, or
any other consideration, from the landlord or any other person;
and a tenant who asks or receives any such sum or consideration
commits an offence and is liable to a fine not exceeding one
month’s rent of the premises, and the court by which the tenant
is convicted may order the payment or the value of the
consideration to be returned to the person by whom it was
given, and any such order shall be in lieu of any other method
of recovery.

(3) Where the interest of a tenant of any premises is determined,

either as the result of an order for possession or ejectment or for
any other reason, any subtenant to whom the premises or any
part thereof have been lawfully sublet shall, subject to the
provisions of this Act, be deemed to become the tenant of the
landlord on the same terms as those on which the subtenant
would have held from the tenant if the tenancy had continued.

Notification of estimate of 43 Where, for the purpose of determining fair rent, an estimate
market cost of construction of the cost of construction or market value has been made by
or market value of
order of the tribunal, the tribunal shall send written notification
construction.
to the landlord and the tenant, or their representatives, that the
details of the estimate are available for their information and
that before the fair rent is determined any such party or the
party’s representative may appear before the tribunal on a date
to be specified in the notification and object to the estimate.

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Repairs 44 (1) In the absence of any provision to the contrary in the

tenancy agreement, for the purposes of this Act it is deemed to
be the obligation of the;

(a) landlord of any premises to maintain and keep the premises

in a state of good structural repair and in a condition suitable for
human habitation; and

(b) tenant of any premises, other than a tenement house, to

maintain the premises in the same state as that in which the
premises were at the commencement of the tenancy, fair wear
and tear, damage arising from irresistible force and structural
repairs for which the landlord is liable excepted.
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(2) Subject to subsection (1) the Tribunal may order either party
to carry out the repairs at the cost of the party in default.

EVICTION ORDERS

Effective date of Order 45 (1) If a notice of termination of tenancy has been given and
the landlord has subsequently applied to the tribunal for an
order evicting the tenant, the order of the Tribunal evicting the
tenant may not be effective earlier than the date of termination
setout in the notice.

Expiry date of order 46(1) An order of the Tribunal evicting a person from premises
expires six months after the day on which the order takes effect
if it is not executed within those six months.

(2) The Tribunal may, upon application by the Landlord, extend

an order under subsection (1) if it is not executed within six
months.

Power of Tribunal on 47 (1) Upon application for an order evicting a tenant, the
Eviction Tribunal may, despite any other provision of this Act or the
tenancy agreement,

(a) refuse to grant the application unless satisfied,

having regard to all the circumstances, that it
would be unfair to grant the order; or

(b) order that the enforcement of the eviction order

be postponed for a period of time

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8TH June 2007

(2) Without restricting the generality of subsection (1), the

Tribunal shall refuse to grant the application where it is satisfied
that,

(a) the landlord is in serious breach of the landlord’s obligation

under this Act or of any material covenant in the tenancy
agreement;

(b) the reason for the application being brought is that the tenant
has complained to a governmental authority of the landlord’s
violation of a law dealing with health, safety, housing or
maintenance standards;

(c)the reason for the application being brought is that the tenant
has attempted to secure or enforce his or her legal rights;
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(d) the reason for the application being brought is that the rented
premises is occupied by children and the occupation by the
children does not constitute overcrowding;

(f) the reason for the application being brought is that

the tenant is a member of a tenant’s association or is
attempting to organize such an association; or
(g) any other reason that the Tribunal may consider to
be justifiable in the circumstances.

Expedited eviction order 48 Subject to section 45(1) (b), the Tribunal shall, in an order
made under section 47based on a notice given under section
27(d) involving an illegal act, trade, business or occupation, or
based on a notice given under section 27 (e) or (g) request the
enforcement of the order be expedited.

PART VI – MISCELLANEOUS

Penalty for subjecting 49A landlord and any agent or servant of a landlord who –
tenant to annoyance
(a) evicts a tenant without the authority of a

tribunal; or

(b) willfully subjects a tenant to any annoyance

with the intention of inducing or compelling the

tenant to vacate the premises or to pay, directly

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8TH June 2007

or indirectly, a higher rent for the premises;

commits an offence and is liable to a fine not exceeding two

months’ rent of the premises or to imprisonment for a term not
exceeding six months, or to both.

Enforcement of orders 50 (1) A Tribunal shall enforce its own decrees and execute its
own orders in the same manner as a court.

(2) A copy of any determination or order of a tribunal shall be

certified by the Chairperson of the tribunal or by public officer
authorized by the minister by notice in the Gazette, to certify
such copies.
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Service of documents 51 (1) Where any summons or document is required to be

served upon any person under this Act, it shall be sufficiently
served on that person if it is served personally or, if it cannot be
served personally, as the Chairperson of the tribunal may direct.

(2) Subject to subsection (1), the Civil Procedure Rules on

service may apply.

Compensation in case of 52 If, on the dismissal of any application, the tribunal is of

frivolous or vexatious opinion that the application was frivolous or vexatious, the
applications
tribunal may order the applicant to pay to any other party to the
application a reasonable sum as compensation for the trouble
and expense to which that party may have been put by reason of
the application.

Right of entry 53 (1) The tribunal, and any person authorized by the tribunal in
writing in that behalf, may, for the purpose of carrying out its
duties and functions under this Act, at all reasonable times
between 8.00 a.m and 6.00 p.m., enter upon and inspect any
premises.

(2) Any person who knowingly obstructs or hinders any

authorized officer in the exercise of the authorized officer’s
powers or the performance of duties under this section commits
an offence.

Prosecution of offences 54 Criminal proceedings under this Act may without prejudice
to any other power in that behalf, be instituted by an inspector
or other officer of the tribunal and where proceedings are

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8TH June 2007

instituted or brought in a magistrate’s court, any such officer

may prosecute or conduct the proceedings.

Liability of tribunal or 55 (1) A member or officer of a tribunal shall be free from civil
officers thereof liability for anything done or said in the capacity of such
member or officer.

(2) If any proceedings of a civil nature are brought against a

tribunal, or against any member or officer of a tribunal in that
behalf, the tribunal or that member or officer shall be
represented by the Attorney-General for the purpose of those
proceedings, and any costs and expenses incurred in those
proceedings shall be borne by the Government.
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Distress for rent 56 No landlord shall, without legal process, seize a tenant’s
property for default in the payment of rent or for the breach of
any other obligation of the tenant.

Death of tenant 57(1) If a tenant of any premises dies and there are no other
tenants of the said premises, the tenancy shall be deemed to be
terminated sixty (60) days after the death of the tenant.

(2) The landlord shall, until the tenancy is terminated under

subsection (1),

(a) preserve any property of a tenant who has died that is in the
rented premises other than property that is unsafe or unhygienic;
and

(b) Afford the executor or administrator of the tenant’s estate, or

if there is no executor or administrator, a member of the
tenant’s family reasonable access to the rented premises for the
purpose of removing the tenant’s property.

(3) Termination under this section shall be in accordance to

section 48 of this Act.

Abandonment 58 (1) If a tenant of a rental premises abandons the premises

and there are no other tenants of the said premises, the tenancy
shall be deemed to be terminated sixty (60) days after the date
of abandonment by the tenant.

(2) The landlord shall, until the tenancy is terminated under

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8TH June 2007

subsection (1),

(a) preserve any property of a tenant that is in the rented

premises other than property that is unsafe or unhygienic; and

(b) Afford the tenant, or a member of the tenant’s family

reasonable access to the rented premises for the purpose of
removing the tenant’s property.

(3) Subsection 2(b) shall apply only where the tenant or his
representative has paid the rent arrears that may be due.

(4) For the purposes of this Act, a tenant has not abandoned a
rented premise if the tenant is not in arrears of rent.
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Landlord may dispose 59(1) where a tenant is dead or has abandoned the premises
property under sections 57and 58 the landlord may upon application to
the tribunal, sell or otherwise dispose of the tenant’s property
that is in a rented premises,

(a) if the property is unsafe or unhygienic, immediately;

and
(b) Otherwise after the tenancy is terminated under sections
58 and 59.

(2) Subject to subsections (3) and (4), a landlord is not liable to

any person for selling or otherwise disposing of the property of
a tenant in accordance with subsection (1).

(3)If, within six months after the tenant’s death, the executor or
administrator of the estate of the tenant or, if there is no
executor or administrator, a member of the tenant’s family
claims any property of the tenant that the landlord has sold, the
landlord shall deposit with the Tribunal the amount by which
the proceeds of sale exceed the sum of,

(a) the landlord’s reasonable out-of-pocket expenses for

moving, storing, securing or selling the property; and

(b) Any arrears of rent.

Government and local 60This Act shall bind the Government, local Authorities and
authority premises. National Housing Cooperation.

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8TH June 2007

Power of exemption. 61The Minister may by notice in the Gazette exempt certain
categories of premises from all or any of the provisions of this
Act.

Regulations 62. (1) The Minister may regulations for giving better effect to
provisions of this Act.

(2) Without prejudice to the generality of the powers conferred

by subsection (1), regulations under that subsection may-

(a) provide for the procedure of tribunals;

(b) prescribe the circumstances and manner in which a tenant

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may, notwithstanding any contractual obligation, elect to pay

and pay to the tribunal rent due to the tenant’s landlord;

(c) prescribe the manner in which rent so paid may be claimed

from the tribunal by the landlord or, if not so claimed, may be
disposed of by the tribunal, and the amount of commission
which the tribunal may retain out of rent so paid to it; and

(c) Prescribing the fees to be paid in respect of any matter or

thing to be done under this Act.

Repeal of Caps 293, 296, 63. The Distress for Rent Act, Rent Restriction Act; and the
and Cap 301 Landlord and Tenant (Shops, hotels and catering
Establishments) Act are repealed.

Transitional and savings 64. Where any proceedings of this Act have been filed in the
Tribunal at the commencement of this Act, the proceedings
shall continue until the dispute has been settled and orders made
by the tribunal in accordance with this Act.

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8TH June 2007

FIRST SCHEDULE (S.4) PROVISIONS AS TO THE

MEETINGS AND PROCEDURE OF THE TRIBUNAL

1. Any member of the Tribunal may, at any time, by notice in

writing to the Minister, resign his office.

2. (1) If a member of the Tribunal becomes is appointed to the

service of the Government, his office shall become vacant.

(2) The Chairperson or a member of the Tribunal may be

removed from office by the Minister if he is –

(a) unable to discharge the function of his office by reason of

mental or physical infirmity;
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(b) an undischarged bankrupt;

(c) convicted of an offence involving fraud or dishonesty; or

(d) convicted of a criminal offence and sentenced to

imprisonment for a term exceeding six months or to a fine
exceeding ten thousand shillings.

(3) In the event of the inability of any member of the Tribunal

to attend for the purpose of any particular proceedings, the
Minister may appoint another person to be a member of the
Tribunal for die remainder of the term of the member whose
vacancy caused the appointment.

3. If any member of the Tribunal has any interest in any

particular proceedings before the Tribunal he shall so inform the
Minister and the Minister may, after considering that interest,
appoint another member in his place for the purpose of the
particular proceedings.

4. Where the office of any member becomes vacant, whether by

death or otherwise, the Minister may appoint another person to
be a member of the Tribunal for the remainder of the term of the
member whose vacancy cause the appointment,

5. In the event of the inability of any member of the Tribunal

Temporary members to attend for the purpose of any particular
proceedings, the Minister may appoint a temporary member for
the purposes of those Proceedings.

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 LANDLORD AND TENANT BILL, 2007
8TH June 2007

6. The decision of the Tribunal shall be that of the majority and

shall be signed by the members thereof agreeing thereto.

7. No proceedings of the Tribunal shall be invalid by reason

only of a vacancy among the members.

8. The Tribunal shall sit at such place as it may consider most

convenient having regard to all the circumstances of the
particular proceedings.

10. Subject to the provisions of this Schedule, the Tribunal shall

have power to make rules governing its procedure-

11. A document purporting lo be a copy of any order of the

Tribunal, and certified by the Chairperson to be a true copy
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thereof, shall in any legal proceedings be prima facie evidence

of the order.

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 LANDLORD AND TENANT BILL, 2007
8TH June 2007

MEMORANDUM OF OBJECT AND REASONS

The principal object of this Bill is to repeal the Rent Restriction Act (Cap 296), Landlord
and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301 and the Distress
for Rent Act (Cap 293). The Bill seeks to introduce a Legal Framework which balances
the interests of landlords and tenants in free a market economy by ensuring that landlords
earn reasonable income from their investments in housing and also protecting the tenant
from exploitation.

PART I of provides for preliminary matters and more important the application
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of the Act.

PART II provides for the establishment, composition and jurisdiction of the

Landlord and Tenant tribunal. It also provides for appeals from tribunals.

PART III provides for general matters relating to tenancies including permitted
increase of rent, notice of termination, eviction orders and the right to assign or sublet.

PART IV contains miscellaneous provisions. The part provides for service of

documents, enforcement of orders, prosecution of offences, distress for rent, disposal of
property by landlord upon death or abandonment of premises by tenant and power to
make rules and regulations. The part also provides that the Act binds the government.

The enactment of this Bill will occasion additional expenditure of public funds.

Dated the 17th June, 2007.

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