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Landlordand Tenant Shops Hotelsand Catering Establishments Act Cap 301 - as Plain Text by MWakili

LAWS OF KENYA LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT CHAPTER 301 Revised Edition 2012 [2010] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) CHAPTER 301 LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT ARRANGEMENT OF SECTIONS Section 1.

Short title and commencement.

2.

Interpretation.

3.

Matters relating to controlled tenancies generally.

4.

Termination of and alterations of terms and conditions in controlled tenancy.

5.

Effect on sub-tenancies.

6.

Reference to Tribunal.

7.

Grounds on which landlord may seek to terminate tenancy.

8.

Repealed.

9.

Decision of Tribunal and effect thereof.

10.

Effect of notice where tenant fails to refer to Tribunal, etc.

11.

Establishment of Tribunals.

12.

Powers of Tribunals.

13.

Compensation for misrepresentation.

14.

Filing of determination or order in court.

15.

Appeal to court.

16.

Regulations and rules.

SCHEDULE TERMS AND CONDITIONS TO BE IMPLIED IN TENANCIES 3 [Issue 1] [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) CHAPTER 301 LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT [Date of assent: 4th June, 1965.] [Date of commencement: 1st November, 1965.] An Act of Parliament to make provision with respect to certain premises for the protection of tenants of such premises from eviction or from exploitation and for matters connected therewith and incidental thereto [Act No.

13 of 1965, Act No.

38 of 1968, Act No.

2 of 1970, Act No.

12 of 1971, Act No.

13 of 1988.] 1.

Short title and commencement This Act may be cited as the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and shall be deemed to have come into operation on the 1st November, 1965.

[Act No.

12 of 1971, s.

2.] 2.

Interpretation (1) For the purposes of this Act, unless the context otherwise requires catering establishment means any premises on which is carried out the business of supplying food or drink for consumption on such premises, by persons other than those who reside and are boarded on such premises; controlled tenancy means a tenancy of a shop, hotel or catering establishment (a) which has not been reduced into writing; or (b) which has been reduced into writing and which (i) is for a period not exceeding five years; or (ii) contains provision for termination, otherwise than for breach of covenant, within five years from the commencement thereof; or (iii) relates to premises of a class specified under subsection (2) of this section: Provided that no tenancy to which the Government, the Community or a local authority is a party, whether as landlord or as tenant, shall be a controlled tenancy; hotel means any premises in which accommodation or accommodation and meals are supplied or are available for supply to five or more adult persons in exchange for money or other valuable consideration; landlord, in relation to a tenancy, means the person for the time being entitled, as between himself and the tenant, to the rents and profits of the premises payable under the terms of the tenancy; 5 [Issue 1] CAP.

301 [Rev.

2012] Landlord And Tenant (Shops, Hotels and Catering Establishments) Minister means the Minister for the time being responsible for matters relating to commerce; receiving party means a tenant or a landlord of a controlled tenancy to whom a tenancy notice is given; reference means a reference to a Tribunal under section 6 of this Act; 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 a tenant of controlled tenancy by whom a tenancy notice is given; service charge means a charge for any services rendered; services in respect of any tenancy means the use of water, light or power, conservancy, sewerage facilities, sweeper, watchman, telephone or other amenity or facility available to the tenant, save and except the supplying of meals, and the right of access to any place or accommodation accorded to the tenant by reason of his occupation of the premises comprised in the tenancy; shop means premises occupied wholly or mainly for the purposes of a retail or wholesale trade or business or for the purpose of rendering services for money or moneys worth; tenancy means a tenancy created by a lease or underlease, by an agreement for a lease or underlease by a tenancy agreement or by operation of law, and includes a sub-tenancy but does not include any relationship between a mortgagor and mortgagee as such; tenancy notice means a notice given under subsection (2) or subsection (3) of section 4 of this Act; tenant in relation to a tenancy means the person for the time being entitled to the tenancy whether or not he is in occupation of the holding, and includes a sub-tenant; Tribunal means a Tribunal appointed under section 11 of this Act.

(2) 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 (Cap.

266), classes of shops, hotels or catering establishments tenancies of which shall be controlled tenancies regardless of the form or period of such tenancies.

(3) 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 any proceedings whether such tenancy is registered or not.

[Act No.

2 of 1970, s.

3, Act No.

13 of 1988, Sch.] [Issue 1] 6 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) 3.

Matters relating to controlled tenancies generally (1) Without prejudice to the power of the parties to a tenancy to adopt any form upon which they may mutually agree, a controlled tenancy may be reduced to writing in the prescribed form.

(2) The terms and conditions set forth in the Schedule to this Act shall be implied in every controlled tenancy which is not reduced to writing or which is in the prescribed form.

(3) The landlord of a controlled tenancy shall keep a rent book in the prescribed form, of which he shall provide a copy for the tenant and in which shall be maintained a record, authenticated in the prescribed manner, of the particulars of the parties to the tenancy and the premises comprised therein, and the details of all payments of rent and of all repairs carried out to the premises.

(4) Whenever a landlord appoints an agent for the purpose of effecting transactions relating to a controlled tenancy, the particulars of such agent shall be recorded in the rent book and authenticated by his signature.

(5) Any person who (a) being a landlord, fails to keep a rent book or to provide a copy thereof as required by subsection (3) of this section; or (b) fails to make any prescribed entry in a rent book, or to authenticate any such entry in the prescribed manner; or (c) makes any entry in a rent book which he knows to be false or which he has no reasonable cause to be true; or (d) makes any alteration or erasure of an entry in a rent book which may be to the prejudice of the landlord or the tenant, shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding two months, or to both such fine and imprisonment.

(6) Any agreement relating to, or condition in, a controlled tenancy shall be void in so far as it purports to (a) preclude the operation of this Act; or (b) provide for the termination or surrender of the tenancy in the event of the tenant making an application to a Tribunal under this Act; or (c) provide for the imposition of any penalty or disability on the tenant on making any such application.

[Act No.

2 of 1970, s.

4.] 4.

Termination of, and alteration of terms and conditions in, controlled tenancy (1) Notwithstanding the provisions of any other written law or anything contained in the terms and conditions of a controlled tenancy, no such tenancy shall terminate or be terminated, and 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 the following provisions of this Act.

7 [Issue 1] CAP.

301 [Rev.

2012] Landlord And Tenant (Shops, Hotels and Catering Establishments) (2) A landlord who wishes to terminate a controlled tenancy, or to alter, to the detriment of the tenant, any term or condition in, or right or service enjoyed by the tenant under, such a tenancy, shall give notice in that behalf to the tenant in the prescribed form.

(3) A tenant who wishes to obtain a reassessment of the rent of a controlled tenancy or the alteration of any term or condition in, or of any right or service enjoyed by him under, such a tenancy, shall give notice in that behalf to the landlord in the prescribed form.

(4) No tenancy notice shall take effect until such date, not being less than two months after the receipt thereof by the receiving party, as shall be specified therein: Provided that (i) where notice is given of the termination of a controlled 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 controlled tenancy provide for a period of notice exceeding two months, that period shall be substituted for the said period of two months after the receipt of the tenancy notice; (iii) the parties to the tenancy may agree in writing to any lesser period of notice.

(5) A tenancy notice shall not be 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 he agrees to comply with the notice.

(6) A tenancy notice may be given to the receiving party by delivering it to him personally, or to an adult member of his family, or to any other servant residing within or employed in the premises concerned, or to his employer, or by sending it by prepaid registered post to his last known address, and any such notice shall be 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.

[Act no.

38 of 1968, Act No.

2 of 1970, s.

5.] 5.

Effect on sub-tenancies (1) Where a landlord is himself a tenant, the termination of the landlords tenancy shall not of itself terminate a controlled sub-tenancy, but for the purposes of this Act the person entitled to the interest in reversion expectant on the termination of the landlords tenancy shall be deemed to be the landlord of the controlled sub-tenancy upon the terms and conditions thereof and subject to the provisions of this Act.

(2) Where a landlord gives a tenancy notice to his tenant, he may at the same time give a similar notice to any person to whom the tenant has sub-let the [Issue 1] 8 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) whole or any part of the premises concerned and thereupon the provisions of this Act shall apply to the sub-tenant, and his sub-tenancy, as if he were the tenant of such landlord.

(3) Where a landlord, in accordance with the provisions of subsection (2) of this section serves notices on both the tenant and the sub-tenant, the Tribunal may consolidate any references made to it by the tenant and the sub-tenant, and may hear them simultaneously and may make such orders concerning the tenant and the sub-tenant as may be necessary.

[Act No.

2 of 1970, s.

6.] 6.

Reference to Tribunal (1) A receiving party who wishes to oppose a tenancy notice, and who has notified the requesting party under section 4(5) of this Act that he 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, whereupon such notice shall be of no effect until, and subject to, the determination of the reference by the Tribunal: Provided that a 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.

(2) 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.

[Act No.

2 of 1970, s.

7.] 7.

Grounds on which landlord may seek to terminate tenancy (1) Where under section 4 of this Act served a notice of termination of a controlled tenancy on the tenant, the grounds on which the landlord seeks to terminate such tenancy may be such of the following grounds as are stated in the aforesaid notice (a) where, under the tenancy under which the tenant holds for the time being, the tenant has any obligations in respect of the repair and maintenance of the premises comprised in such tenancy, that the tenancy ought to be terminated in view of the state of repair of the premises, being a state resulting from the tenants failure to comply with the said obligations; (b) that the tenant has defaulted in paying rent for a period of two months after such rent has become due or payable or has persistently delayed in paying rent which has become due or payable; (c) that the tenant has committed other substantial breaches of his obligations under the tenancy, or for any other reason connected with the tenants use or management of the premises comprised in the tenancy; (d) that the landlord has offered and is willing to provide or secure the provision of alternative accommodation for the tenant, that the terms on which the alternative accommodation is available are reasonable having regard to the terms of the tenancy and to all other relevant circumstances, and that the accommodation and the time at which it will be available are suitable for the tenants requirements (including 9 [Issue 1] CAP.

301 [Rev.

2012] Landlord And Tenant (Shops, Hotels and Catering Establishments) the requirement to preserve goodwill) having regard to the nature and class of his retail trade or business or enterprise and to the situation and extent of, and facilities afforded by, the premises comprised in the tenancy; (e) that the tenancy was created by the subletting of part only of the premises comprised in a superior tenancy of which the landlord is the owner of interest in reversion expectant on the termination of that superior tenancy, and that the aggregate of the rents reasonably obtainable on separate lettings of such premises in parts would be substantially less than the rent reasonably obtainable on a letting of such premises as a whole, and that on the termination of the tenancy the landlord requires possession of such premises as a whole for the purpose of letting or otherwise disposing of the same as a whole; (f) that on the termination of the tenancy the landlord intends to demolish or reconstruct the premises comprised in the tenancy, or a substantial part thereof, or to carry out substantial work of construction on such premises or part thereof, and that he could not reasonably do so without obtaining possession of such premises; (g) subject as hereinafter provided, that on the termination of the tenancy the landlord himself intends to occupy for a period of not less than one year the premises comprised in the tenancy for the purposes, or partly for the purposes, of a business to be carried on by him therein, or at his residence.

(2) The landlord shall not be entitled to oppose a reference to a Tribunal on the ground specified in subsection (1)(g) of this section if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was purchased or created within the five- year period preceding the date of the tenancy notice seeking to terminate the tenancy, and at all times since such purchase or creation the premises concerned have been occupied wholly or mainly for the purposes of a shop, hotel or catering establishment.

(3) Subject to subsection (2) of this section, a requesting party may oppose a reference on any ground which has been specified in the tenancy notice concerned.

[Act No.

2 of 1970, s.

8.] 8.

Repealed by Act No.

2 of 1970, s.

9.

9.

Decision of Tribunal and effect thereof (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 (c) make such further or other order as it thinks appropriate.

[Issue 1] 10 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) (2) Without prejudice to the generality of this section, a Tribunal may, upon any reference (a) determine or vary the rent to be payable in respect of the controlled tenancy, having regard to the terms thereof 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 his predecessors in title have, been in occupation of the premises; (ii) any goodwill attached to the premises by reason of the carrying on thereat 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 such predecessor otherwise than in pursuance of an obligation to the immediate landlord; (b) terminate or vary any of the terms or conditions of the controlled tenancy, or any of the rights or services enjoyed by the tenant, upon such conditions, if any, as it deems appropriate.

(3) Where a 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 (a) in the case of an assessment of rent, until after the expiration of two years; 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.

[Act No.

2 of 1970, s.

10.] 10.

Effect of notice where tenant fails to refer to Tribunal, etc.

Where a landlord has served a notice in accordance with the requirements of section 4 of this Act, on a tenant, and the tenant fails within the appropriate time to notify the landlord of his unwillingness to comply with such notice, or to refer the matter to a Tribunal then subject to section 6 of this Act, such notice shall have effect from the date therein specified to terminate the tenancy, or terminate or alter the terms and conditions, thereof or the rights or services enjoyed thereunder.

[Act No.

2 of 1970, s.

11.] 11.

Establishment of Tribunals (1) A Tribunal shall consist of a person or persons appointed as such by the Minister, and shall exercise such jurisdiction as is conferred on it by or under this Act, over such area as shall be specified in such appointment.

(2) Persons other than public officers appointed under the provisions of subsection (1) of this section shall be paid such emoluments or allowances as the Minister shall determine.

11 [Issue 1] CAP.

301 [Rev.

2012] Landlord And Tenant (Shops, Hotels and Catering Establishments) 12.

Powers of Tribunals (1) A Tribunal shall, in relation to its area of jurisdiction have power to do all things which it is required or empowered to do by or under the provisions of this Act, and in addition to and without prejudice to the generality of the foregoing shall have power (a) to determine whether or not any tenancy is a controlled tenancy; (b) to determine or vary the rent to be payable in respect of any controlled tenancy, having regard to all the circumstances thereof; (c) to apportion the payment of rent payable under a controlled tenancy among tenants sharing the occupation of the premises comprised in the controlled tenancy; (d) where the rent chargeable in respect of any controlled tenancy includes a payment by way of service charge, to fix the amount of such service charge; (e) to make orders, upon such terms and conditions as it thinks fit, for the recovery of possession and for the payment of arrears of rent and mesne profits, which orders may be applicable to any person, whether or not he is a tenant, being at any material time in occupation of the premises comprised in a controlled tenancy; (f) for the purpose of enabling additional buildings to be erected, to make orders permitting landlords to excise vacant land out of premises of which, but for the provisions of this Act, the landlord could have recovered possession; (g) where the landlord fails to carry out any repairs for which he is liable (i) to have the required repairs carried out at the cost of the landlord and, if the landlord fails to pay the cost of such repairs, to recover the cost thereof by requiring the tenant to pay rent to the Tribunal for such period as may be required to defray the cost of such repairs, and so that the receipt of the Tribunal shall be a good discharge for any rent so paid; (ii) to authorize the tenant to carry out the required repairs, and to deduct the cost of such repairs from the rent payable to the landlord; (h) to permit the levy of distress for rent; (i) to vary or rescind any order made by the Tribunal under the provisions of this Act; (j) to administer oaths and order discovery and production of documents in like manner as in civil proceedings before the High Court, to require any landlord or tenant to disclose any information or evidence which the Tribunal considers relevant regarding rents and terms or conditions of tenancies, and to issue summons for the attendance of witnesses to give evidence or produce documents, or both, before the Tribunal; (k) to award costs in respect of references made to it, which costs may be exemplary costs where the Tribunal is satisfied that a reference to it is frivolous or vexatious; [Issue 1] 12 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) (l) to award compensation for any loss incurred by a tenant on termination of a controlled tenancy in respect of goodwill, and improvements carried out by the tenant with the landlords consent; (m) to require a tenant or landlord to attend before the Tribunal at a time and place specified by it, and if such tenant or landlord fails to attend, the Tribunal may investigate or determine the matter before it in the absence of such tenant or landlord; (n) to enter and inspect premises comprised in a controlled tenancy in respect of which a reference has been made to the Tribunal.

(2) A Tribunal shall not have or exercise any jurisdiction in any criminal matter, or entertain any criminal proceedings for any offence whether under this Act or otherwise.

(3) A Tribunal may employ officers, valuers, inspectors, clerks and other staff for the better carrying out of the purposes of this Act: Provided that, where a Tribunal has deputed a valuer, inspector, officer, or other person to inspect or view any premises, any report made in that behalf shall be communicated to the landlord or tenant or both.

(4) In addition to any other powers specifically conferred on it by or under this Act, a Tribunal may investigate any complaint relating to a controlled tenancy made to it by the landlord or the tenant, and may make such order thereon as it deems fit.

(5) No matter or thing done by a Tribunal, or any officer, valuer or inspector or other person deputed by the Tribunal shall, if done bona fide in the execution or purported execution of the provisions of this Act or any subsidiary legislation made thereunder, subject such Tribunal, officer, valuer, inspector or other person to any action, liability, claim or demand whatsoever.

(6) Any person who, without lawful excuse, fails to comply with any order, requirement or summons given or issued under paragraph (j) of subsection (1) of this section, or who, having attended as a witness under summons, departs without the permission of the Tribunal or fails to attend after any adjournment after being ordered to attend, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings.

[Act No.

2 of 1970, s.

12.] 13.

Compensation for misrepresentation Where a Tribunal makes any order in respect of a tenancy 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 such order.

14.

Filing of determination or order in court (1) A duly certified copy of any determination or order of a Tribunal may be filed in a competent subordinate court of the first class by any party to the proceedings before such Tribunal or by the Tribunal, and on such copy being 13 [Issue 1] CAP.

301 [Rev.

2012] Landlord And Tenant (Shops, Hotels and Catering Establishments) filed and notice thereof being served on the Tribunal by the party filing the same such determination or order may, subject to any right of appeal conferred by or under this Act, be enforced as a decree of the court.

(2) The Tribunal shall, upon being served with a notice under subsection (1) of this section, or upon its own filing of such copy in the court, transmit to the court its record of the proceedings before it, and the same shall be filed by the court along with the certified copy of the determination or order.

15.

Appeal to court (1) Any party to a reference aggrieved by any determination or order of a Tribunal made therein may, within thirty days after the date of such determination or order, appeal to the High Court: Provided that the High Court may, where it is satisfied that there is sufficient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think fit.

(2) In hearing appeals under subsection (1) of this section the Court shall have all the powers conferred on a Tribunal by or under this Act, in addition to any other powers conferred on it by or under any written law.

(3) Deleted by Act No.

2 of 1970, s.

13.

(4) The procedure in and relating to appeals in civil matters from subordinate courts to the High Court shall govern appeals under this Act: Provided that the decision of the High Court on any appeal under this Act shall be final and shall not be subject to further appeal.

[Act No.

2 of 1970, s.

13.] 16.

Regulations and rules (1) The Minister may make regulations for the better carrying out of the provisions of this Act and without prejudice to the generality of the foregoing such regulations may prescribe (a) the manner in which a Tribunal shall conduct its business; (b) the procedure in connexion with any reference to a Tribunal, or the determination of any matter by a Tribunal; (c) the matters which a Tribunal shall take into account in exercising its powers under this Act; (d) the fees which shall be payable in respect of any matter or thing to be done under this Act; and (e) the scale and taxation of costs and expenses of witnesses in proceedings before a Tribunal.

(2) The Chief Justice may make rules prescribing any procedure, fees or costs in any proceedings in the High Court or any other court, under this Act.

[Issue 1] 14 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) SCHEDULE [Section 3, Act No.

2 of 1970, s.

14.] TERMS AND CONDITIONS TO BE IMPLIED IN TENANCIES (i) That the premises are fit for habitation and comply with the laws relating to health in all respects.

(ii) That where the premises are destroyed by fire, civil commotion, or accident, through no negligence on the part of the lessee, any liability to pay rent shall be suspended until the premises are again made fit and habitable.

(iii) The lessee shall have quiet enjoyment of premises provided that he complies with express or implied covenants.

(iv) The lessor shall not use adjoining land or premises in a way which would render leased premises unfit for the purpose for which they were let.

(v) The lessor shall be responsible for all repairs to roofs, main walls, main drains, main electric wiring and structures, and shall be responsible for all necessary renewals to the premises.

(vi) The lessee shall be responsible for all internal repairs and decorations, fair wear and tear excepted.

(vii) The lessor shall be responsible for the repair, maintenance, cleaning and lighting of common parts where part of a building is let.

(viii) The lessee shall pay rent for the premises in advance.

(ix) The lessor shall pay all rates, taxes and similar outgoings, unless the lessee is responsible therefor under any written agreement.

(x) The lessee shall keep the fixtures and fittings in good and tenantable repair.

(xi) The lessee shall permit the lessor or his agent and his workmen to enter the premises and to examine or repair the same at all reasonable times after giving reasonable notice thereof.

(xii) The lessee shall not transfer, part with possession, or sublet the premises or any part thereof without the consent of the lessor, which consent shall not be unreasonably withheld.

15 [Issue 1] [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] CHAPTER 301 LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.

Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations, 1966.

19 2.

Landlord and Tenant (Shops, Hotels and Catering Establishments) (Rent Book Form) Regulations, 1966.

29 17 [Issue 1] [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] Regulations under section 16 LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) (TRIBUNAL) (FORMS AND PROCEDURE) REGULATIONS, 1966 [L.N.

19/1966, Corr.

No.

27/1966, L.N.

31/1968, L.N.

153/1971, Corr.

No.

68/1971, L.N.

229/1971, L.N.

48/1973, L.N.

420/1991, L.N.

536/1991, L.N.

104/1993.] 1.

These Regulations may be cited as the Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations, 1966.

2.

In these Regulations unless the context otherwise requires chairman means the chairman of the Tribunal; clerk means the clerk to the Tribunal; register means the register required to be prepared in accordance with regulation 11 of these Regulations.

3.

Except as hereinafter provided, the forms to be used in proceedings before the Tribunal shall be the forms used in Subordinate Courts from time to time with such modification as may be necessary or proper to adapt the same to the matter concerned.

4.

(1) A notice under section 4(2) of the Act by a landlord shall be in Form A in the Schedule to these Regulations.

(2) A notice under section 4(3) of the Act by a tenant shall be in Form A1 in the Schedule to these Regulations.

[L.N.

153/1971.] 5.

Reference to the Tribunal under section 6(1) or section 12(4) of the Act shall be in Forms B and C in the Schedule to these Regulations.

6.

The fees specified in Form D in the Schedule to these Regulations shall be payable in proceedings before the Tribunal: Provided that the Tribunal may, in its discretion, for sufficient reasons, remit in whole or in part any fee.

7.

A hearing notice issued by the Tribunal shall be in Form E in the Schedule to these Regulations.

8.

A prohibition order issued by the Tribunal shall be in Form F in the Schedule to these Regulations.

9.

An authority to inspect or view any premises issued by the Tribunal shall be in Form G in the Schedule to these Regulations.

10.

A certificate permitting the levy of distress for rent issued by the Tribunal shall be in Form H in the Schedule to these Regulations.

11.

The Tribunal shall cause to be prepared a register containing with regard to any reference before the Tribunal the following particulars (a) date of reference or application; (b) the serial number; (c) the names of the applicant and other parties; 19 [Issue 1] CAP.

301 [Rev.

2012] Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] (d) the relief sought by the applicant and identifying details of the premises affected; and (e) the final determination or order and the date thereof.

12.

Where any tenancy dispute exists, the party desirous of referring such dispute to the Tribunal shall make an application to the Tribunal in the appropriate form in the Schedule to these Regulations, and the Tribunal shall thereupon take cognizance of the dispute and register the dispute in the register.

13.

The clerk shall, after charging the appropriate fee, open a case file and shall record the particulars in the register.

14.

The clerk shall fix a hearing date which shall not be earlier than seven days from the date of registration; and in fixing the hearing date due regard shall be had to the place of residence of the respondent and the time necessary for the service of the hearing notice, and the hearing date shall be so fixed as to allow the respondent sufficient time to enable him to appear on such day: Provided that where the parties are immediately available, a reference may be set down for hearing at an earlier date.

15.

The clerk shall prepare a hearing notice in the prescribed form and effect service on both the applicant and the respondent in the manner regulating the issue and service of summons under rules made under the Civil Procedure Act (Cap.

21).

[L.N.

153/1971.] 15A.

When a witness is required to appear before the Tribunal the clerk shall prepare a witness summons in Form I in the Schedule to these Regulations and effect service on the witness in accordance with regulation 15 of these Regulations.

[L.N.

153/1971.] 16.

The Tribunal shall have the same powers as are invested in a court when trying a suit under the Civil Procedure (Revised) Rules in respect of the following matters (a) appearance of parties and consequences of non-appearance; (b) enforcing the attendance of any person and examining him on oath or affirmation; (c) compelling the production of a document; and (d) issuing commissions for the examination of witnesses and any proceedings before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 108, 109, 112, 113, 114, 115, 116, and 121 of the Penal Code (Cap.

63).

17.

At any hearing before the Tribunal a party may be represented by a counsel.

18.

In awarding costs and assessing expenses of witnesses, the chairman shall have regard to the appropriate scale prescribed under the Advocates Remuneration Order (Cap.

16, Sub.

Leg).

19.

(1) In every reference to the Tribunal, the chairman shall record the decision of the Tribunal and the following particulars (a) the date of the reference; (b) names of the applicant and respondent; (c) a record of the evidence; (d) date of hearing and whether premises were viewed or not; [Issue 1] 20 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] (e) the composition of the Tribunal; and (f) the application and any other documentary exhibits shall be attached to the record.

(2) At the conclusion of every reference the Tribunal shall make a determination or order to be served on the persons affected by the decision and such determination or order shall be conclusive proof of the decision of the Tribunal.

20.

Proceedings of the Tribunal shall be open to the public.

21.

(1) Where the Tribunal consists of more than one person, the members present shall, if the chairman is absent, elect one of their number to act as chairman of the Tribunal.

(2) Where the Tribunal consists of two members who arrive at different findings, the decision of the chairman or the acting chairman, as the case may be, shall be the decision of the Tribunal.

(3) Where the Tribunal consists of more than two persons, the decision of the Tribunal shall be the decision of the majority of the members present.

[L.N.

229/1971.] 22.

Deleted by L.N.

229/1971.

23.

Deleted by L.N.

229/1971.

24.

Deleted by L.N.

229/1971.

25.

Deleted by L.N.

229/1971.

26.

Deleted by L.N.

229/1971.

27.

Deleted by L.N.

229/1971.

28.

Deleted by L.N.

229/1971.

SCHEDULE FORM A (r.

4(1)) [Section 4(2) of the Act, L.N.

31/1968, L.N.

153/1971.] LANDLORDS NOTICE TO TERMINATE OR ALTER TERMS OF TENANCY To.

of.

being tenant of premises known as.

.

1.

I,.

of.

the landlord of the above-mentioned premises, hereby give you notice terminating/altering terms/altering conditions/of your tenancy with effect from.

day of ., 20.

2.

The alterations which I propose are.

.

.

21 [Issue 1] CAP.

301 [Rev.

2012] Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] SCHEDULE, FORM Acontinued 3.

The grounds on which I seek the termination/alteration are.

.

4.

I require you, within one month after receipt of this notice, to notify me in writing whether or not you agree to comply with the notice as from that date.

5.

This notice is given under the provisions of section 4(2) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.

Dated this.

day of ., 20.

.

Landlord FORM A1 (r.

4(2)) [Section 4(3) of the Act, L.N.

153/1971, Corr.

No.

68/1971.] TENANTS NOTICE TO OBTAIN REASSESSMENT OF RENT OR ALTERATION OF TERMS OR CONDITIONS OF TENANCY To.

of.

being landlord of premises known as.

.

1.

I,.

or.

being tenant of the above-mentioned premises do hereby give you notice that I wish to obtain a reassessment of rent/alteration of terms/alteration of conditions of my tenancy with effect from.

.

day of ., 20.

2.

The alterations which I propose are.

.

.

3.

The grounds on which I seek the reassessment/alteration are.

.

.

4.

I require you, within one month after receipt of this notice, to notify me in writing whether or not you agree to comply with the notice as from that date.

5.

This notice is given under the provisions of section 4(3) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.

Dated this.

day of ., 20.

.

Tenant c.c.

The Chairman, Business Premises Rent Control Tribunal, P.O.

Box 7232, Nairobi.

[Issue 1] 22 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] SCHEDULEcontinued FORM B (r.

5) [Section 6 of the Act.] REFERENCE BY TENANT TO TRIBUNAL In the Tribunal at.

Tribunal Case No.

., 20.

.

Applicant and.

Respondent I, ., the tenant do wish to oppose a notice of termination/alteration of terms/alteration of conditions/ of tenancy served on me by.

the landlord in respect of the premises described below Plot No.

.

Land Ref.

No.

.

District.

Town.

Name of road/street.

Date of completion of building.

Cost of construction of building.

Cost of land.

Area of land.

Full name and postal address of the landlord.

.

.

.

I therefore request the Tribunal to investigate the matter and determine the issues involved.

Dated this.

day of ., 20.

.

Tenant FORM B1 (r.

5) [Section 6 of the Act, L.N.

48/1973.] REFERENCE BY LANDLORD TO TRIBUNAL In the Tribunal at.

Tribunal Case No.

.of 20.

.

Applicant/Landlord and.

Respondent/Tenant I,.

of ., the Landlord do wish to oppose a notice to obtain reassessment of rent/alteration of terms/alteration of conditions/ of tenancy served on me by.

.

the tenant in respect of the premises described below Plot No.

.

Land Ref.

No.

.

23 [Issue 1] CAP.

301 [Rev.

2012] Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] SCHEDULE, FORM B1continued District.

Town.

Name of Road/Street.

Date of completion of building.

Cost of construction of building.

Cost of land.

Area of land.

Full name and postal address of the tenant.

I therefore request the Tribunal to investigate the matter and determine the issues involved.

Dated this.

day of ., 20.

.

Landlord FORM C (r.

5) [Section 12(4)] REFERENCE BY LANDLORD OR TENANT TO TRIBUNAL In the Tribunal at.

Tribunal Case No.

.

of 20.

I,.

, the tenant/landlord of.

.

.

in accordance with the provisions of section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, do hereby refer to the Tribunal a complaint relating to.

.

tenancy.

The complaint concerns the landlord/tenant in that he.

.

.

.

(state reasons briefly) Dated this.

day of ., 20.

.

Landlord/Tenant FORM D (r.

6) [L.N.

420/1991, s.

2, L.N.

536/1991, s.

2, L.N.

104/1993, s.

2.] FEES KSh.

1.

On filling a notice of motion or chamber summons.

500 2.

On application for distress for rent, where the sum involved is (i) up to KSh.

1,000.

250 [Issue 1] 24 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] SCHEDULE, FORM Dcontinued KSh.

(ii) more than KSh.

1,000 but less than KSh.

5,000.

500 (iii) over KSh.

5,000.

10 per cent of the amount claimed 3.

On instituting proceedings for alteration of tenancy.

5 per cent of the annual increment of rent 4.

On instituting proceeding for termination of tenancy.

5 per cent of the annual rent 5.

Valuation fee.

5 per cent of the annual rent 6.

Inspecting or viewing premises at the request of a party.

500 7.

For making certified copy of proceedings or any document connected with the complaint (i) for the first folio of 100 words.

100 (ii) for each subsequent folio.

50 8.

For issue of hearing notice.

100 9.

For issue of witness summons.

100 10.

Services fees (i) within 2 km.

50 (ii) over 2 km up to 10 km.

250 (iii) over 10 km.

20 per km 11.

On deposit of money with Tribunal.

10 per cent of the sum deposited 12.

For every exhibit produced.

30 13.

On filing of notice of appointment or change of advocate or intention to proceed in person.

50 14.

On request for adjournment.

500 15.

On filing of valuation report.

5 per cent of the annual rent 16.

For all tribunal forms.

20 17.

Evidence in short-hand at the request of party.

200 18.

On grant of orders for consent judgment.

250 19.

For every application under order XXV of the Civil Procedure Rules 250 (Cap.

21, Sub.

Leg.).

20.

Filing a general complaint.

250 21.

Filing a return of service.

100 22.

Perusing of files.

250 23.

Notice of preliminary objection.

250 FORM E (r.

7) HEARING NOTICE In the Tribunal at.

Tribunal Case No.

.

of 20.

.

Applicant and.

Respondent 25 [Issue 1] CAP.

301 [Rev.

2012] Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] SCHEDULE, FORM Econtinued Whereas.

the applicant has instituted a complaint against you the particulars of which are set out in the memorandum attached hereto.

You are hereby required to appear in person or be a representative on the.

day of.

, 20.

at.

oclock in the.

noon when the complaint against you will be heard by this Tribunal sitting at.

If you fail to appear either in person or by representative duly authorized by you, the applicant may proceed with the complaint and a determination by order of the Tribunal may be made in your absence.

Dated this.

day of ., 20.

.

Chairman of the Tribunal FORM F (r.

8) PROHIBITION ORDER In the Tribunal at.

Tribunal Case No.

.

of 20.

.

Applicant versus.

Respondent To.

.

.

Whereas you have failed to comply with the order/determination made against you on the.

.

day of ., 20.

in the above case in favour of.

And whereas this Tribunal on the application made by.

tenant/landlord deems it necessary to restrain you from.

.

It is ordered that you the said.

be, and you are hereby prohibited and restrained, until the further.

.

direction by this Tribunal from.

.

.

Dated this.

day of ., 20.

.

Chairman of the Tribunal [Issue 1] 26 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] SCHEDULEcontinued FORM G (r.

9) AUTHORITY TO INSPECT OR VIEW PREMISES Tribunal Case No.

.

of 20.

To.

.

.

Whereas it is deemed desirable for the purpose of this case that the value and reasonable rent of premises known as.

be ascertained, you are hereby authorised to enter the said premises and evaluate as follows You are directed to ascertain (i) the original cost of construction of the building; (ii) the age of the building; (iii) the market value of the land on which the premises are built; (iv) the improvements and cost of such improvements; (v) amenities or services provided by the landlord; (vi) the rent at which the premises were let for the past (three years?).

You are required to suggest the rent you think proper having regard to the market rent of com- parable premises in the district.

Dated this.

day of ., 20.

.

Chairman of the Tribunal FORM H (r.

10) CERTIFICATE PERMITTING LEVY OF DISTRESS FOR RENT In the Tribunal at.

Pursuant to section 12(1)(h) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act , 1965 and the regulations made thereunder.

of.

is hereby authorized/permitted to act as a bailiff to levy distress for rent on the premises of.

of.

for rent alleged to be due to.

of.

Dated this.

day of ., 20.

.

Chairman of the Tribunal 27 [Issue 1] CAP.

301 [Rev.

2012] Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] SCHEDULEcontinued FORM I (r.

15A) [L.N.

153/1971.] WITNESS SUMMONS In the Tribunal at.

.

.

Applicant.

against.

.

Respondent.

To.

.

.

Whereas your attendance is required to.

.

on behalf of the.

in the above case you are hereby required to appear personally before this Tribunal on the.

day of ., 20.

at.

oclock in the forenoon and to bring with you (or to send to this Tribunal).

.

.

Given under my hand and the seal of the Tribunal this.

day of ., 20.

.

Chairman [Issue 1] 28 [Rev.

2012] CAP.

301 Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) (RENT BOOK FORM) REGULATIONS, 1966 [L.N.

311/1966.] 1.

These Regulations may be cited as the Landlord and Tenant (Shops, Hotels and Catering Establishments) (Rent Book Form) Regulations, 1966.

2.

The rent book required to be kept by the landlord under section 3(3) of the Act shall be in the Form in the Schedule to these Regulations.

SCHEDULE PARTICULARS OF PARTIES AND PROPERTY 1.

Name of Landlord (or his Agent).

.

.

2.

Address of Landlord (or his Agent).

.

.

3.

Name of Tenant.

4.

L.R.

No.

.

5.

Street.

6.

Town.

RENT RECEIVED Landlord must sign tenants copy and tenant must sign landlords copy.

Date Amount Signature of Landlord Signature of Tenant KSh.

29 [Issue 1] CAP.

301 [Rev.

2012] Landlord and Tenant (Shops, Hotels and Catering Establishments) [Subsidiary] SCHEDULEcontinued REPAIRS AND IMPROVEMENTS RECORDS Landlord to sign tenants copy and tenant to sign landlords copy after each entry.

Evidence of repairs or improvements carried out to premises by landlord or tenant.

No prices to be inserted, but landlord or tenants to produce receipts on demand.

Repairs or Improvements By Whom (Landlord or Date Signature Carried Out Tenant) [Issue 1] 30.

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