Last Updated May 23, 2019

Law and Practice

Contributed By MMC Africa Law

Author



MMC Africa Law was established in 1995 and is headquartered in Spring Valley, Nairobi, with a full-service office in the coastal city of Mombasa. The firm is made up of 12 Partners and over 30 lawyers with expertise in a wide variety of legal matters. As well as being a member of ALFA International, a global network of independent law firms, it has a close association with the leading global law firm of Orrick, Herrington & Sutcliff LLP. MMC Africa Law’s dedicated real estate team comprises three partners and 12 lawyers who pride themselves on their extensive experience handling sophisticated and complex transactions such as those relating to mixed-use developments, an emerging market in real estate. The team also offers specialised services in urban regeneration projects, construction law, REITs, hospitality and hotels, residential developments, commercial and farmland leases, land use and planning, environmental compliance, contractual agreements, conveyancing and conducting due diligence on property.

The various types of leases under the LA are:

  • Commercial leases in respect of any commercial premises including offices, shops and hotel establishments. It is recommended that commercial leases be put into writing and that the tenure be not less than five years. Commercial leases that do not meet this threshold are considered to be controlled tenancies, the effect of which is that any variation of the terms of the lease would require the consent of the tenant and if consent is not granted, the landlord would have to obtain a court order to effect such variation.
  • Periodic leases, the term of which is not specified and regarding which there is no provision for giving notice to terminate. The term of such leases is deemed to be the interval at which rent is paid. Periodic leases could arise where the lessee remains in possession of premises with the consent of the lessor after the term of a written lease has expired.
  • Short-term leases are made for a term of two years or less, without an option for renewal. Often, these are residential leases.
  • Farm leases are entered into in respect of agricultural land. Such leases require the consent of the relevant Land Control Board.
  • Leases terminating on the occurrence of a future event.
  • Future leases which are to commence at a later date.
MMC Afica Law

MMC Arches,
Spring Valley Crescent,
Off Peponi Rd.
Westlands

+254 020 2329898

+254 720 585 785

eomulele@wakili.com www.wakili.com
Author Business Card

Author



MMC Africa Law was established in 1995 and is headquartered in Spring Valley, Nairobi, with a full-service office in the coastal city of Mombasa. The firm is made up of 12 Partners and over 30 lawyers with expertise in a wide variety of legal matters. As well as being a member of ALFA International, a global network of independent law firms, it has a close association with the leading global law firm of Orrick, Herrington & Sutcliff LLP. MMC Africa Law’s dedicated real estate team comprises three partners and 12 lawyers who pride themselves on their extensive experience handling sophisticated and complex transactions such as those relating to mixed-use developments, an emerging market in real estate. The team also offers specialised services in urban regeneration projects, construction law, REITs, hospitality and hotels, residential developments, commercial and farmland leases, land use and planning, environmental compliance, contractual agreements, conveyancing and conducting due diligence on property.

{{searchBoxHeader}}

Select Topic(s)

loading ...
{{topic.title}}

Please select at least one chapter and one topic to use the compare functionality.