A lease dispute cannot be handled safely until the tenancy is classified. The premises, use, term, parties and statutory regime determine the forum, notice and remedies. A written lease is important, but conduct, holding over and statutory implied terms may also matter. Before demanding possession or withholding rent, collect the complete agreement and payment history and identify the exact breach. Record the parties’ legal names, service addresses and authority. Confirm whether any variation, side letter or earlier settlement changes the apparent lease terms, and preserve the signed version rather than relying on an editable copy.
Describe the premises and permitted use
The lease should identify the parcel, unit, common areas, parking, storage and included fixtures. Record whether use is residential, retail, office, industrial, agricultural or mixed. Planning, licensing and management restrictions should be checked separately. A tenant should not assume that the landlord’s consent cures a public-law problem.
Term, renewal and holding over
Sections 56 to 60 of the Land Act address lease forms, periodic tenancies, short-term leases and holding over. Read the commencement, expiry, break, renewal and notice clauses against the parties’ conduct. Continued occupation and rent acceptance after expiry may require analysis; do not simply label the occupier a trespasser.
Rent and service charge accounting
State the rent, due date, review mechanism, deposit, service charge and payment channel. Keep a ledger with every invoice, receipt, credit and agreed concession. A landlord should explain service-charge calculations and supporting records where required. A tenant should identify disputed items promptly rather than stop all payment without advice.
Implied landlord and tenant obligations
Sections 65 to 67 of the Land Act contain implied covenants and related provisions. Apply them with the express lease. Record repair notices, access requests, insurance events and interference with use. Neither party should exaggerate a minor defect into a complete excuse for unrelated default.
Repairs and condition evidence
Use a signed entry inventory, dated photographs, inspection reports and correspondence. Distinguish structural work, landlord obligations, tenant damage and ordinary wear. Before deducting from a deposit, itemise the condition, lease clause, work and cost. Before arranging major repair, give required notice and access unless an emergency justifies immediate action.
Assignment, subletting and change of control
Read consent clauses before transferring occupation or business control. Provide the proposed assignee, use, financial and licence information required. A landlord should decide through the lease and law, not demand an undisclosed price. Record any consent and continuing liability.
Default and forfeiture
Sections 73 to 77 address forfeiture, notice, relief and unlawful eviction within the statutory framework. Identify the breach and notice requirements before re-entry or termination. A lockout, utility disconnection or removal of goods outside lawful process can create a separate claim even where rent is due.
Special tenancy regimes
Some premises may fall within a specialised statutory regime with its own tribunal and notice procedure. Classification should be confirmed from current law and the actual use and lease. Do not send an ordinary termination notice before checking whether a controlled tenancy or other special jurisdiction applies.
Deposits and guarantees
Record who holds the deposit, permitted deductions, return conditions and any guarantee. A guarantee should be read for scope, cap, demand and expiry. At exit, reconcile rent, service charge, utilities, damage and deposit separately. Avoid retaining the whole deposit without an itemised legal basis.
Negotiating renewal or exit
Start early enough to obtain valuation, approvals and relocation planning. A renewal term sheet should cover rent, term, works, incentives, guarantee and documentation. An exit agreement should address possession, keys, condition, reinstatement, deposit, final account and release. Physical handover should be recorded.
Registration and formalities
Sections 54 and 55 of the Land Registration Act address registration and treatment of leases. Section 3(3) of the Law of Contract Act is relevant to formal land-interest contracts. Obtain advice on execution, stamping, consent and registration for the actual term and interest.
For registry aspects, use the transfer and registration guide. For arrears and possession, review the rent-arrears and eviction page.
Prepare for lease advice
Bring the signed lease and variations, official search or title information, ledger, deposit and guarantee records, notices, inspection photographs, repair evidence, licences and all termination or renewal communications. State whether the objective is payment, repair, renewal, assignment, possession or an orderly exit.
Rent review clauses require a method
State the review date, notice, formula, valuation basis and dispute mechanism. A demand for a new figure should follow the lease and applicable law. Keep market evidence and calculations. The tenant should respond without assuming silence preserves the old rent indefinitely.
Service charge governance
Identify recoverable categories, budget, apportionment and audit or supporting information. Separate capital improvements from ordinary operating costs where the lease does. A landlord should issue intelligible accounts; a tenant should challenge specific items rather than withhold unrelated rent.
Access and inspections
Set notice and emergency rights for landlord entry. Record inspections and work needed. A tenant should not obstruct lawful access, while a landlord should not use inspection as harassment or de facto possession.
Insurance and casualty
Confirm who insures the building, contents and public liability and how premiums are recovered. Address fire or damage, rent suspension where agreed, reinstatement and termination. Report incidents promptly and preserve insurer correspondence.
Business licences and alterations
Allocate responsibility for licences, signage, fit-out and approvals. Written landlord consent does not replace regulatory approval. At exit, the lease should state reinstatement obligations and whether approved improvements remain.
Guarantees and security
Read a guarantee for identity, cap, term, demand and effect of lease variation. A rent deposit and guarantee may secure different obligations. Document any release when the tenant assigns, renews or leaves.
Dispute resolution clause
Check notice, negotiation, arbitration, tribunal or court provisions before filing. A clause cannot confer jurisdiction contrary to statute. Preserve limitation while contractual steps occur and avoid parallel proceedings seeking inconsistent results.
Managing the relationship
Use one formal channel for notices and keep operational messages separate. Record temporary concessions as written, time-limited arrangements so they are not mistaken for permanent variation. Review the lease before accepting conduct that changes possession or payment.
Tenant improvements and fixtures
Define approval, ownership, removal and compensation for fit-out and improvements. Keep plans, consent and invoices. At exit, identify which items are fixtures, which remain tenant property and what reinstatement is required. Do not remove structural elements without authority.
Utilities and common services
State metering, billing, interruption responsibility and access to service records. A landlord should not disconnect services as informal enforcement. A tenant should report defects and pay undisputed utility charges through the agreed method.
Data and signage
Commercial premises may involve customer data, building directories and signage. Plan removal or transfer at exit without misleading customers or retaining protected information. Consent to a sign does not replace public approval.
Renewal diligence
Before renewal, update the official search, authority, condition report, deposit and guarantee. Reconcile arrears and outstanding works. A short renewal letter can unintentionally omit important terms; state which clauses continue and prepare a registrable instrument where required.
Insolvency and death
If a tenant or landlord dies or becomes insolvent, identify the personal representative, administrator or other authorised person. Do not accept instructions from a relative or employee without authority. Preserve rent and possession rights while specialist advice is obtained.
Rent-free periods and incentives
Record when rent begins, conditions for the incentive and treatment after early termination. Distinguish a genuine rent-free period from a contribution to fit-out. Unwritten assumptions about incentives commonly distort the arrears ledger.
Break options
A break clause should identify the notice window, service method and conditions such as payment and vacant possession. Diarise the earliest and latest dates. A party should not assume substantial compliance is enough where the wording and law require precision.
Change in ownership
When the landlord sells, give the tenant verified payment and contact information and preserve deposit and ledger records. The buyer should review existing leases and occupation before completion. A sale does not authorise immediate rewriting of agreed terms.
Managing agents
Confirm the agent’s authority to demand rent, grant consent or serve notices. Tenants should verify account changes independently. Landlords should define reporting, deposit custody and approval limits and retain access to the source accounting records.
Disability and access works
Requests for access alterations may involve lease, building and equality considerations. Obtain design and approval information and record responsibility for cost, maintenance and reinstatement. Do not reject or commence structural work without advice.
Dispute file structure
Index the lease and variations first, followed by the ledger, notices, condition material and communications. Separate settlement offers. This structure lets counsel identify the controlling clause and statutory regime quickly.
Assignment and subletting disputes
Read the consent clause, proposed transferee information and conditions before refusing or proceeding. Record whether occupation changed and who pays rent. An assignment, sublease, licence and management agreement have different effects. The outgoing tenant should obtain a documented release if one is agreed instead of assuming that handing over keys ends liability.
Official provisions checked
- Land Act (Cap. 280): sections 56–77, especially 57, 65–67 and 73–77.
- Land Registration Act (Cap. 300): sections 54–55.
- Law of Contract Act (Cap. 23): section 3(3).
Need Kenyan lease or tenancy advice? Request review by an independent Kenyan advocate. This page is general information.
Frequently asked questions
Does every tenancy dispute go to the same court?
No. Jurisdiction depends on the premises, tenancy type, rent regime and relief sought.
Can a landlord lock out a tenant for arrears?
Self-help may be unlawful. The lease and applicable statutory termination or recovery process must be checked first.
What should a rent ledger show?
Each amount due, payment, credit, allocation, deposit, charge and balance by date, supported by receipts or banking records.