The Rent Restriction Tribunal
Dipsute Resolution
Calming the Waters at The Rent Restrictions Tribunal
The Rent Restriction Tribunal (the “Tribunal”) is established under the Rent Restriction Act, Chapter 296 Laws of Kenya (the “Act”). The Tribunal is unable to determine disputes where the monthly standard rent payable exceeds KSh. 2,500.
The Act defines standard rent as the rent at which premises were let on 1st January 1981. If, as of 1st January 1981, the premises were not let or erected, or it is unclear whether they were let or erected, the Tribunal may assess the rent.
Our legal firm recently represented a landlord in Mombasa Rent Restriction Case No. E024 of 2022, Evance Otieno Ogombe Vs Nadim Osman Abdulrehman and Nottingham Edge Auctioneers. In this case, the tenant had obtained ex parte orders from the Tribunal restraining the landlord from levying distress on a residential property whose monthly agreed rent was KSh. 42,500.
The Tribunal cannot assume jurisdiction before addressing its duties
Although there are conflicting decisions on the jurisdiction of the Tribunal regarding the issue of agreed rent versus standard rent, our firm successfully prosecuted a preliminary objection.
The Firm’s position on the Tribunal’s jurisdiction was supported by the decision of the Environment and Land Court in the case of Republic Vs. Chairman Rent Restriction Tribunal: Samuel Joel Kibe & another (Interested parties) Ex parte Charles Macharia Mugo [2019] eKLR. This case addressed two issues: (a) the role of the Tribunal in assessing standard rent, and (b) the presumption of agreed rent as standard rent. The Court noted that an agreed rent can be assumed to be the standard rent where no contradicting evidence is produced to show that the premises had a standard rent.
To discharge the injunctive orders issued to the tenant, our firm successfully argued that, before entertaining a dispute, the Tribunal has a duty to make enquiries on the standard rent of a property, or to determine whether a property had a standard rent or not, or to determine if the property was not let or not erected as of 1st August 1981, and to assess the standard rent.
This write up is for information purposes only. If you have any concerns or need any issue clarified please do not hesitate to contact us through, Lilian Oluoch-Wambi at ow@oluochkimori.com.
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