Contributed By MMC Africa Law
The LA applies to all leases whether residential, industrial, office, retail or hotels.
Leases for commercial premises are deemed to be controlled tenancies under the LTA.
A controlled tenancy is a tenancy of a shop, hotel or catering establishment which has not been established in writing, or has been established in writing but is for a period not exceeding five years or contains provision for termination otherwise than for breach within five years of commencement.
A controlled tenancy cannot be terminated or its terms varied without the consent of the tenant. The landlord can only vary the terms of the tenancy by an order of the tribunal established under the LTA where the tenant contests the variation.
The Rent Restriction Act contains provisions for restricting the increase of rent, the right to possession and the exaction of premiums and fixing standard rents in relation to dwelling-houses. It applies to all dwelling-houses except those which have a standard rent exceeding KES2,500 per month.
The Public Health Act prohibits letting premises in which any person who has been suffering from an infectious disease was occupant without having the same efficiently disinfected to the satisfaction of a medical officer of health, as testified by a certificate signed by the officer.