At Havilaplus Estates, we believe informed landlords build stronger, more sustainable rental communities. Recently during our Landlords/landladies Seminar, we hosted an insightful session on Landlords & Tenants Law in Kenya, led by Adv. Rachael Mwikali of Mwikali Syanda Advocates, aimed at helping landlords understand their legal rights, responsibilities, and common pitfalls in property management . Here are some key areas she highlighted during the seminar.
The Legal Framework Governing Tenancies
Landlord–tenant relationships in Kenya are governed by several laws depending on the nature of the property. Commercial premises fall under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301), while certain residential properties—especially low-income housing—are covered by the Rent Restriction Act (Cap 296). Residential lease agreements are further supported by the Land Act 2012 and the Constitution of Kenya 2010, which guarantees the right to housing and fair administrative action. Other key laws include the Distress for Rent Act and the Finance Act 2015, which outlines taxation on rental income .
Landlord Rights and Obligations
Landlords are entitled to receive rent, access their property for inspection with reasonable notice, and lawfully evict tenants when justified. However, these rights come with clear obligations. Landlords must maintain habitable premises, provide essential services where agreed, respect tenant privacy, issue proper receipts, and follow legal procedures for rent increases and eviction. Well-drafted tenancy agreements are essential, and professional legal support is strongly recommended to avoid disputes .
Tenant Responsibilities
Tenants are required to pay rent on time, maintain the property, report defects promptly, avoid illegal activities, and comply with the terms of the tenancy agreement. They must also allow landlord access with notice and vacate the premises properly when a tenancy ends .
Termination of Tenancy & Evictions
Termination of tenancy must be based on lawful grounds such as non-payment of rent, breach of lease terms, illegal use of premises, or the landlord’s intention to occupy or redevelop the property. For controlled tenancies, termination requires a formal written notice of at least two months. Tenants have the right to challenge such notices before the Business Premises Rent Tribunal (BPRT), and eviction can only proceed after a lawful court or tribunal order. Forced evictions, lockouts, or utility disconnections are illegal and constitute a criminal offence .
Common Legal Pitfalls to Avoid
Landlords often face challenges due to poor documentation, unlawful evictions, overcharging rent in controlled premises, harassment claims, or failure to follow due process. These mistakes can result in penalties, disputes, and reputational damage .
The Role of the Business Premises Rent Tribunal
The BPRT plays a critical role in resolving landlord–tenant disputes involving controlled tenancies. It handles rent adjustments, termination notices, eviction disputes, distress for rent, and service charge disagreements. Appeals from the tribunal are made to the Environment and Land Court .
Key Recommendations for Landlords
Landlords are encouraged to regularly review tenancy agreements, stay updated on evolving rental laws, maintain accurate records, seek professional property management services where necessary, and foster cooperative relationships with tenants for long-term success .
Contact us on 0795524750/ 0759149355 to book a consultation session on the matter of Property Law.
