Rent is a term that many of us know well about, especially when the end of the month approaches. However, what many people don’t know is that the arrangement between them and the landlord is legally binding. This means that if any issues arise, the law could take precedence.
After the Landlord and Tenant Act, we have other legislation guarding tenancy. One of them involves the rent tribunal. Let us dive into this piece and explore more on rent tribunals in Kenya. And how they could affect you as a tenant or landlord.
What is the Rent Tribunal?
The rent tribunal is a piece of legislation established under Section 11 of the Landlord and Tenants Act, Cap. 301 Laws of Kenya. The aim is to prevent exploitation or random eviction of tenants by their landlords.
It covers “controlled tenancy,” which is considered controlled if it meets the conditions below:
- It is a short-term tenancy—the lease or tenancy agreement is not in writing. Or if in writing, it is for a period of less than 5 years.
- No provisions for rent review are provided—the written tenancy does not include clear terms on how rent will be reviewed or adjusted over time.
- Specific businesses covered—this act applies majorly to shops, business premises, hotels, and catering establishments. It regulates commercial spaces more than residential dwellings.
Functions of the rental tribunal
- Mediation and dispute resolution
The tribunal creates an avenue where legal disputes between landlords and tenants are resolved. This is without the lengthy & expensive court cases. It is a very affordable way to settle disputes between landlords and tenants.
- Rent review and determination
It has the authority to review rent hikes and deem them fair or not. If tenants contest random rent hikes, the tribunal looks into the matter. This ensures rents are in line with the prevailing market and prevents tenant exploitation.
- Handling eviction cases
By evaluating eviction claims, the tribunal helps determine if they are lawful. This helps prevent illegal evictions and exploitation. While allowing landlords to regain their properties
- Balancing the rights of landlords and tenants
Through conducting its application under the law, the tribunal makes sure no party is disadvantaged in the landlord-tenant relationship.
How to access the rental Tribunal
- Filing a complaint or application.
If a tenant or landlord feels violated, they can lodge a formal complaint by submitting a written application. The application should outline the nature of the dispute.
- Necessary documents and information.
Each party is required to present tenancy agreements, rent receipts, notices of eviction, and other evidence supporting the claims. That is why you need to properly document everything as either a tenant or landlord.
- Fees and timelines
There is a small fee charged, and the hearings are scheduled within specified timelines. This ensures that disputes are addressed promptly. The process is designed to be more affordable and quicker than traditional court procedures.
Cases handled by the rent tribunal
- Rent arrears and non-payment disputes
Rent defaults are common, and the tribunal provides measures for dealing with them. They address how to structure payment and mechanisms for recovery.
- Unlawful evictions
Where evictions are done unlawfully, the tribunal will step in. This measure ensures that tenants are not unfairly displaced from their homes or business premises.
- Rent increments
When increments are contested by tenants, the tribunal has the capacity to approve, adjust, or reject them.
- Disputes over property condition
Tenants may complain about poor living conditions. The tribunal will then weigh the concerns and either order repairs or compensation from either party.
Landlord & tenants rights responsibilities
- Tenant rights protected by the Rent Tribunal
Tenants are entitled to secure occupancy and protection against unfair rent increases. And freedom from unlawful eviction. These rights ensure that housing remains both accessible and fair.
- Landlord obligations under the law
Landlords must provide habitable premises. They must also maintain the property and follow lawful procedures when increasing rent or seeking eviction. They are also required to respect the terms of the tenancy agreement.
- Ensuring fair and transparent rental agreements
Both parties are expected to uphold honesty and clarity in rental contracts. Written agreements that outline rent terms, responsibilities. And dispute mechanisms help minimize conflicts and promote smooth tenancy relations.
Frequently asked questions
The rent restriction tribunal hears cases filed by both tenants and landlords in the event of disputes.
The Business Rent Tribunal is a judicial body that is tasked to hear and decide upon cases between tenants and landlords involved in business spaces.
To end rental agreements in business spaces with controlled tenancies. To give orders for taking away belongings from business spaces with controlled tenancies.
Tenants have the right to receive a receipt of payment between them and the landlord. Tenants are also protected against the random increase of rent without any reasonable notice.
Depending on the circumstance, a landlord can’t force a tenant to leave without providing reasonable reasons for the eviction.
The act protects tenants against arbitrary eviction. By stipulating a two-month notice requirement.
A protected tenant, also known as a controlled tenant, refers to the tenancy of a facility, either a shop or house, that is not in writing. Or if it is in writing, the period is not more than 5 years.
