In many cases, a huge number of tenants in Kenya have a feeling of oppression by their landlords. This occurs with regards to several issues like rent increment, unfair terms and in some cases forceful evictions. As a tenant, the only way to overcome such unfair treatment by lardlonds is by making yourself familiar with your rights. In Kenya, there are laws and regulations which govern the landlord, tenants and rent relationships. They are outlined in the Rent Restriction Act Cap 296 as well as the The Landlord & Tenant Cap 301.
As a landlord, one is allowed to hike the rent. However this has to be in reference to the laws. The tenants must always be issued a notice any time the landlord thinks of raising the rent fee. When a tenant rents a house, he or she must sign tenancy agreement which contains basic terms. The landlord is not liable to alteration of these terms without a prior notice to the tenants.
The landlord may also feel like increasing the rent but according to section 4(5) of Landlord & Tenant Cap 301, the house owner is required to explain the reasons for increasing the rent and the reason for changing the policies in the signed agreement
Now a new law will be implemented if the parliament passes a bill for the state to control rents in fresh property Bill. The State will control all the commercial as well as residential rents if Parliament will adopt a proposed Law which seeks to protect tenants from sharp and unfair house leasing costs. The government - backed Landlord and Tenant Bill of 2021 demands that rent increment shall not exceed the annual average inflation rate for the preceding year. This has a meaning that the rise in rent for this year will be capped at 5.2 percent the average 2020 inflation if this Bill will become law once passed by Parliament. This will be good news to tenants since the landlords will not exploitatively raise the house rent.
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