ADVOKS GLOBAL · KENYA
Rent Restriction Act
28. Subletting by tenant
Edition: 2022-12-31 · In force
28. Subletting by tenant
(1)Notwithstanding anything contained in this Act, the tenant of any dwelling- house may—(a)with the consent in writing of the landlord (which consent shall not be unreasonably withheld), a copy whereof shall be delivered by the tenant to the tribunal; or(b)in any case where, in the opinion of the tribunal, the consent of the landlord has been unreasonably withheld, with the consent of the tribunal, sublet for a period of not more than six months (which period may with the consent of the landlord or of the tribunal be extended for a further period of three months) any dwelling-house of which the tenant is in personal occupation; and upon the expiration of the period for which the dwelling-house has been sublet the tenant shall be entitled to resume personal occupation of the dwelling-house.(2)Any subtenant to whom subsection (1) applies who fails, without the consent of the tenant, to give the tenant vacant possession of the dwelling-house upon the due date shall be liable to pay to the tenant on demand in writing by the tenant a sum equal to five times the standard rent of the premises in respect of each day on which he continues to occupy the premises adversely to the tenant or such smaller sum in respect of each day as the tribunal may determine; and any such sum may be recovered by the tenant as a civil debt recoverable summarily.