ADVOKS GLOBAL · KENYA
Rent Restriction Act
24. Conditions of statutory tenancy
Edition: 2022-12-31 · In force
24. Conditions of statutory tenancy
(1)A tenant who, under the provisions of this Act, retains possession of any premises shall, so long as he retains possession, observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with the provisions of this Act, and shall be entitled to give up possession of the premises only on giving such notice as would have been required under the original contract of tenancy, or, if no notice would have been so required, then, notwithstanding any provision to the contrary in any law in force, on giving not less than one month’s notice:Provided that, notwithstanding anything in the contract of tenancy, a landlord who obtains an order for the recovery of possession of any premises or for the ejectment of a tenant retaining possession shall not be required to give any notice to quit to the tenant.(2)A tenant retaining possession shall not, as a condition of giving up possession, ask for or receive payment of any sum, or any other consideration, from the landlord or any other person; and a tenant who asks or receives any such sum or consideration shall be guilty of an offence and liable to a fine not exceeding two thousand shillings, and the court by which he is convicted may order the payment or the value of the consideration to be returned to the person by whom it was given, and any such order shall be in lieu of any other method of recovery.(3)Where the interest of a tenant of any premises is determined, either as the result of an order for possession or ejectment or for any other reason, any subtenant to whom the premises or any part thereof have been lawfully sublet shall, subject to the provisions of this Act, be deemed to become the tenant of the landlord on the same terms as those on which he would have held from the tenant if the tenancy had continued.