This Act provides rules for a "controlled tenancy" i.e. a tenancy of a shop, hotel or catering establishment that is not based on a written contract or which is for a period of less than five years or is based on a contract that contains provision for termination, otherwise than for breach of covenant, within five years.The Act proposes a prescribed form of contract for a controlled tenancy and makes terms and conditions set forth in the Schedule to this Act applicable to a controlled tenancy. Furthermore, the Act requires the landlord of a controlled tenancy to keep a rent book in the prescribed form and lays down rules relative to the termination of contract. A landlord who wishes to terminate or modify, to the detriment of the tenant, a controlled tenancy, shall give a notice ("a tenancy notice") to the tenant in the prescribed form. The tenant may appeal with a Tribunal, established under this Act, against a tenancy notice. The Tribunal may also decide on various other matters relative to controlled tenancies. A party in proceedings before the Tribunal may appeal against a decision of the Tribunal to the High Court.
Implemented by: Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations (Cap. 301). (2012-12-31)
Implemented by: Landlord and Tenant (Shops, Hotels and Catering Establishments) (Rent Book Form) Regulations (Cap. 301). (2012-12-31)
Authors and Publishers
Legal Name: The National Council for Law Reporting
Brand Name: Kenya Law
Organization type: A semi-autonomous state corporation
Parent Institution: The Judiciary
Parent Act: The National Council for Law Reporting Act
Mission
To Provide Universal Access to Kenya’s Public Legal Information by Monitoring and Reporting on the Development of Jurisprudence for the Promotion of the Rule of Law
Vision
Accessible Public Legal Information towards an Enlightened Society
Data provider
FAO Legal Office (FAOLEX)
The FAO Legal Office provides in-house counsel in accordance with the Basic Texts of the Organization, gives legal advisory services to FAO members, assists in the formulation of