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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I recently had to go through the Rent Restriction Tribunal for a rental dispute and I have to say, the experience was much better than I expected. The staff were helpful and compassionate throughout the process, which made a difficult situation much easier to navigate. I appreciated the human touch they brought to what can often be a stressful and frustrating situation. Overall, I would highly recommend the Rent Restriction Tribunal to anyone who needs help resolving a rental dispute.
Thank you for sharing your positive experience with the Rent Restriction Tribunal. At Oluoch Kimori Advocates, we specialize in rental disputes and housing matters, providing effective legal representation and support. If you or anyone you know needs assistance with rental disputes, we are honored to offer our expertise and dedicated service in promoting fair outcomes and protecting the rights of tenants and landlords.
Thank you again for sharing your experience, and feel free to reach out to us at +254 784 600 020 or email admin@oluochkimori.com for future assistance. We are committed to making a positive difference in housing justice.
I have to thank you for the efforts you’ve put in writing this blog. Being in the gateway into the Affordable Housing Program, your creative writing abilities has encouraged assured us of the vision 😉
Thank you for your kind words and appreciation. If you have any further questions or need housing-related assistance, please don’t hesitate to reach out to us. You can contact us at +254 784 600 020 or email admin@oluochkimori.com. We are here to help.