ADVOKS GLOBAL · KENYA
Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
3. Matters relating to controlled tenancies generally
Edition: 2022-12-31 · In force
3. Matters relating to controlled tenancies generally
(1)Without prejudice to the power of the parties to a tenancy to adopt any form upon which they may mutually agree, a controlled tenancy may be reduced to writing in the prescribed form.(2)The terms and conditions set forth in the Schedule to this Act shall be implied in every controlled tenancy which is not reduced to writing or which is in the prescribed form.(3)The landlord of a controlled tenancy shall keep a rent book in the prescribed form, of which he shall provide a copy for the tenant and in which shall be maintained a record, authenticated in the prescribed manner, of the particulars of the parties to the tenancy and the premises comprised therein, and the details of all payments of rent and of all repairs carried out to the premises.(4)Whenever a landlord appoints an agent for the purpose of effecting transactions relating to a controlled tenancy, the particulars of such agent shall be recorded in the rent book and authenticated by his signature.(5)Any person who—(a)being a landlord, fails to keep a rent book or to provide a copy thereof as required by subsection (3) of this section; or(b)fails to make any prescribed entry in a rent book, or to authenticate any such entry in the prescribed manner; or(c)makes any entry in a rent book which he knows to be false or which he has no reasonable cause to be true; or(d)makes any alteration or erasure of an entry in a rent book which may be to the prejudice of the landlord or the tenant,shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding two months, or to both such fine and imprisonment.(6)Any agreement relating to, or condition in, a controlled tenancy shall be void in so far as it purports to—(a)preclude the operation of this Act; or(b)provide for the termination or surrender of the tenancy in the event of the tenant making an application to a Tribunal under this Act; or(c)provide for the imposition of any penalty or disability on the tenant on making any such application.