• The Landlord and Tenants Bill, 2021, sponsored by Majority Leader Amos Kimunya further bars landlords from haphazard increments of rent.
• Landlords would also be barred from using land adjoining rented premises in a way which render the leased premises unfit for occupancy – like setting up a bar in a residential premise.
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Landlords could be fined Sh20,000 for unjustified increase of rent if a Bill sails through.
The landlords also risk a Sh10,000 fine for depriving a tenant of utilities –water, electricity, sweeper, and conservancy - for rent default.
The Landlord and Tenants Bill, 2021, sponsored by Majority Leader Amos Kimunya further bars landlords from haphazard increments of rent.
Landlords would also be barred from using land adjoining rented premises in a way which render the leased premises unfit for occupancy – like setting up a bar in a residential premise.
They would also be responsible for repairs to roof, main wall, main drains, main electricity wiring, and necessary renewals.
Tenants would be responsible for all internal repairs, decorations, fair wear and tear; while the lessor would be responsible for repair, maintenance, cleaning and lighting of common areas.
Tenants would also be required to keep fixtures and fittings in good shape or allow access to the landlord on sufficient notice.
Rent increases would only be allowed after a year of the last increase for residential and two years for business premises, factoring the date when premises were rented.
Landlords will be required to give tenants three months’ notice of intention to increase rent, and the amount of the new rent – without which any increases will be void.
Increment will only be allowed after approval by a rent tribunal, and only in the event the landlord renovates the premises, introduces a new or additional service, and factoring inflation.
A landlord, agent, or servant of the landlord who evicts a tenant without authority of tribunal or subjects a tenant to annoyance with the intent of compelling the tenant to vacate the premises or to pay a higher rent commits an offence and is liable to two months’ rent or six months in jail.
Renovation; redecoration, repairs, sewerage, electrical, vents, as well as installations that grant access to persons with disabilities may occasion a rent increase.
Where the services existed and are no longer provided, the proposed law compels the landlord to decrease the rent.
A landlord, the bill suggests, will not be allowed to remove a tenant for seeking the intervention of the rent tribunal – which would assume powers of the court.
Landlords would be allowed to terminate tenancy – in good faith, if requiring possession of the premises for occupancy by him or herself, spouse, child or parent.
A two-month notice would be required before such a termination is executed. In cases where premises are to be demolished; converted for other purposes; or for extensive renovations, a four months notice will apply.
Termination will also be allowed where the tenant is housed by an employer who has since ended the tenant’s employment or instances of breach to sale agreement.
Landlords will also have powers, should the bill be enacted, to evict tenants for committing an illegal act or illegal trade in rented premises or for causing damage to the same.
Tenants would be evicted for disturbing the peace of other tenants or admitting persons who substantially interfere with reasonable enjoyment of the premises.
Eviction would also follow if the numbers of occupants are in contravention of health, safety, or housing standards.
Tenants may, with landlord’s permission, assign or sublet the rented premises to another person, for which landlords are barred from refusing consent unreasonably.
Failure by such a tenant to vacate the premises within agreed period would attract liabilities five times the monthly rent for the period of the extended occupancy.
Landlords will also have to get permission from the Tribunal to remove furnishings at rented premises and reduce rent on removal of the furnishings.
Failure to grant the tribunal access to premises for inspection will attract a Sh20,000 fine; with landlord allowed to rent out premises abandoned by a tenant for two months.
The proposed law provides that a landlord can dispose a tenant’s property after application to the tribunal.
Landlords will have to ensure that premises are fit for habitation and comply with health laws with liabilities to pay rent suspended if premises are destroyed by fire, civil unrest, or accident.