ADVOKS GLOBAL · KENYA
Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
9. Decision of Tribunal and effect thereof
Edition: 2022-12-31 · In force
9. Decision of Tribunal and effect thereof
(1)Upon a reference a Tribunal may, after such inquiry as may be required by or under this Act, or as it deems necessary—(a)approve the terms of the tenancy notice concerned, either in its entirety or subject to such amendment or alteration as the Tribunal thinks just having regard to all the circumstances of the case; or(b)order that the tenancy notice shall be of no effect;(c)and in either case make such further or other order as it thinks appropriate.(2)Without prejudice to the generality of this section, a Tribunal may, upon any reference—(a)determine or vary the rent to be payable in respect of the controlled tenancy, having regard to the terms thereof and to the rent at which the premises concerned might reasonably be expected to be let in the open market, and disregarding—(i)any effect on rent of the fact that the tenant has, or his predecessors in title have, been in occupation of the premises;(ii)any goodwill attached to the premises by reason of the carrying on thereat of the trade, business or occupation of the tenant or any such predecessor;(iii)any effect on rent of any improvement carried out by the tenant or any such predecessor otherwise than in pursuance of an obligation to the immediate landlord;(b)terminate or vary any of the terms or conditions of the controlled tenancy, or any of the rights or services enjoyed by the tenant, upon such conditions, if any, as it deems appropriate.(3)Where a Tribunal has made a determination upon a reference, no further tenancy notice shall be given in respect of the premises concerned, which is based on any of the matters affected by the determination—(a)in the case of an assessment of rent, until after the expiration of two years; or(b)in any other case, until after the expiration of twelve months,after the date of the determination, unless the Tribunal, at the time of the determination, specifies some shorter period.